1. Generally speaking, there are still outstanding loans in the sale of second-hand houses, and buyers and sellers can go through the formalities of remortgage when dealing with second-hand houses. Re-mortgage refers to the owner's intention to sell or transfer the house to a third person in order to apply for changes in the loan;
However, the limitation of this method is that few banks accept this kind of business, and most banks have not opened this kind of business. The householder can consult the relevant loan bank for specific information.
The specific process of selling a house is as follows:
1. First, the buyer and the seller sign the house sales contract, then the buyer and the lawyer sign the security guarantee contract for the sub-mortgage transaction, and then the buyer pays the seller 30% or the agreed down payment;
2. The seller applies to the original loan bank for prepayment and obtains the confirmation letter issued by the bank. After receiving the bank's advice on early repayment, the seller will deliver the house to the buyer, and the buyer will submit a loan application to the bank with the house sales contract, and submit relevant information such as the nature of the house and the lender's repayment ability recognized by the bank before starting to lend money. The bank loan is directly transferred to the seller's account. After the seller repays the loan from Bank A with this money, he will release the mortgage of the property and deliver it to the buyer for use, and handle the transfer with the buyer and lawyer to mortgage the property to the buyer's loan bank.
3. When the seller ends the ownership of the house, the buyer begins to have the right to use the house and start to repay the loan. After the loan is repaid, the property will be released and owned.
Note: Different banks have different regulations on the method of refinancing. Some banks can handle it, and some do not accept it. Generally, remortgage is handled through intermediary companies. So if you want to solve the housing transaction problem in this way, you can consult the intermediary company in advance.
2. Pay off the remaining loan with the buyer's down payment.
Note that the premise of this method is that the seller has little remaining loan or the buyer has enough funds to pay the down payment. For example, the loan 1 10,000, leaving 400,000. If the buyer can pay a down payment of 400,000 yuan, then the buyer and the seller can solve the transaction problem and easily release the property from the bank for the second transaction.
Legal basis: Article 61 of People's Republic of China (PRC) Urban Real Estate Management Law.
Whoever obtains the land use right by allocation or allocation shall apply to the land administration department of the local people's government at or above the county level for registration, which shall be verified by the land administration department of the local people's government at or above the county level, and the land use right certificate shall be issued by the people's government at the same level.
If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house.
When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.
If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.