First, if the seller has the ability to repay the loan, the seller should pay off the loan first, remove the mortgage, and then transfer the ownership. ?
Second, if the seller is unable to repay the loan and the buyer is able, the buyer can negotiate to pay off the loan first and then transfer the ownership. This method has certain risks for the buyer, but it can be eliminated through an honest and qualified intermediary company and asking the seller to do notarization entrustment.
Third, if both the buyer and the seller are unable or unwilling to repay, they can find a third-party special guarantee company, which will pay off the loan and then transfer the ownership, and then return the money to the guarantee company, but this requires a guarantee redemption fee.
Extended data:
Prepare information
Preparation materials for property right transfer
(1) application form for real estate transfer registration;
(2) the identity certificate of the applicant;
Materials required by the seller: original ID card and copy of ID card. If you are married, you need the original and photocopy of the marriage certificate and the original real estate license; If one of the husband and wife can't be present, they should first write a power of attorney and then go to the judicial bureau for notarization, and a copy of the household registration book.
Materials required by buyers: original and photocopy of ID card, household registration book and photocopy. If you are single, you need to go to the Civil Affairs Bureau to issue a single certificate.
(3) Certificate of real estate rights;
(4) Administrative decisions of relevant administrative organs, real estate sales contracts (notarized real estate sales contracts shall be submitted as required) or notarized real estate gifts, or notarized real estate inheritance certificates, or real estate exchange agreements, or real estate division agreements;
(5) If the mortgage has been established, a written document agreed by the mortgagee shall be submitted;
(6) The people's court submits an effective judgment, ruling, conciliation statement and notice of assistance in execution;
(seven) if an unincorporated enterprise or organization transfers real estate, it shall submit the approval documents of its property rights department;
(8) The land allocated or exempted by the Administration shall be submitted with the approval document of the competent department and the proof of paying the land price;
(nine) to obtain real estate by means of bidding, auction and listing, it shall submit the letter of acceptance, the letter of auction and the contract for the assignment of land use rights, and provide proof of paying the land price;
(10) If it belongs to government welfare commercial housing, it shall be submitted to the relevant competent department for examination and approval;
(1 1) Submit the demolition compensation agreement;
(12) A written opinion that someone agrees to transfer the real estate;
(13) If the enterprise is acquired or merged, the approval documents of relevant departments shall be submitted;
(14) real estate allocation between state-owned enterprises or other organizations,
The approval documents of relevant departments shall be submitted;
(15) Other documents stipulated by laws, regulations, rules and normative documents.
References:
Baidu encyclopedia-real estate transfer