1.** Sign a sales contract * *: The buyer and the seller must first sign a house sales contract, and stipulate the loan, transfer and other related matters.
2.** Loan settlement * *: The seller needs to apply to the bank to settle the existing mortgage loan. This usually requires the buyer to pay part of the funds to the bank to pay off the seller's loan balance.
3.** Obtain bank consent * *: After the loan is settled, the bank will issue consent or relevant documents to cancel the mortgage.
4.** Handling the transfer formalities * *: The buyer and the seller go to the real estate trading center or relevant government departments to handle the transfer formalities with the bank consent letter and other necessary documents.
5.** Pay taxes * *: In the process of transfer, you need to pay corresponding taxes, such as deed tax, stamp duty and transfer fees.
6.** Bank supervision funds * *: If the buyer uses a bank loan to buy a house, the bank will usually supervise the loan funds of the buyer to ensure that the funds are used to pay the house price correctly.
7.** Completion of transfer * *: After all formalities are completed, the ownership of the house is officially transferred to the buyer, and the relevant property certificates are updated accordingly.
8.** Release the original mortgage * *: After the transfer is completed, the bank will officially release the mortgage of the original property and cancel the original mortgage information on the real estate license.
9.** Registration of new mortgage * *: If the property buyer adopts the loan, it is necessary to register the mortgage of the newly purchased property as the guarantee of the loan.
During the whole process, buyers and sellers are advised to pay close attention to the progress of each step and keep in touch with the bank to ensure that all documents and procedures meet the requirements.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Civil Law
Article 394 Mortgage refers to the performance of the guaranteed debt. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property.
The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.