Second-hand houses with outstanding loans can be bought and sold in practice, but corresponding work should be done in the early stage. The specific operation direction and steps should be based on the specific conditions of the property and the specific requirements of the owner.
It is best to pay off the loan before the second-hand real estate transaction. This will not only make real estate transactions faster, but also make buyers feel more at ease.
Recommend several specific ways to buy and sell houses with outstanding loans. Please choose according to your specific situation and actual needs. The specific operation of buying and selling the outstanding loan property:
First, you can go to the loan bank to consult whether you can refinance the mortgaged property. If you can, you can transfer the loan you still owe to the bank to the buyer's name.
Second, if property buyers don't want to continue mortgage, they can also pay off the bank loan directly after improvement without bearing the loan interest.
Third, if the banking sector does not allow mortgage, you can find a formal guarantee company to redeem the deed. Redemption is equivalent to canceling the mortgage relationship of the original house. In this case, the house can be traded. Of course, the guarantee company will charge fees.
Fourth, you can find a formal intermediary company to pay off the loan first by collecting the advance payment from the buyer, but this needs to be notarized at the notary office and charged a certain handling fee.
Two, the loan outstanding housing sales contract is valid.
Fang bought a house in 2005 and obtained a real estate license, but Fang bought the house through a loan, and the house was mortgaged before the bank loan was paid off. 2065438+In May 2005, Fang and Pan signed a contract to buy and sell the merged house.
Soon after the house was sold out, it was felt that the house was sold cheaply because of the rise in house prices. Therefore, Fang realized that he wanted to take back the house on the grounds that the house had been mortgaged to the bank at the time of transfer.
After trial, it is considered that Party A's request does not conform to the principle of fairness. In order to maintain the security of transactions and the circulation of market transactions, her claim was rejected.
In response to this case, lawyer Guo Siyan of Guangdong Pinzhi Law Firm commented that the house was mortgaged, so the house purchased could not be transferred before the mortgage was lifted. Therefore, the contract signed by Fang and Pan for exercising the ownership of the house purchased by Fang is the true intention of both parties. Although the house involved has been mortgaged in the bank, the contract has actually been fulfilled, and Pan has paid off part of the loan owed to the bank to cancel the mortgage, so as to facilitate the transfer procedures. Besides, Fang has actually moved into this house. Therefore, in order to maintain the order of market transactions and the principle of fairness and justice, it is correct for the party to confirm that the contract is invalid and reject the party's claim if it is illegal.
Third, the loan housing sales contract
With the establishment of people's legal consciousness, contract plays an increasingly important role and is also an important measure to reduce and prevent disputes. Do you know what the main contents of the contract are? The following is a sample loan house sales contract I compiled for you, for reference only, and I hope it will help you.
Party A (Seller): _ _ _ ID number:
Party B (Buyer): _ _ _ ID number:
According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on Party B's purchase of Party A's private house:
Note: Party A purchased the commercial house by mortgage from Heilongjiang Development Group Co., Ltd. on xx, xx, with a total amount of 488, 104.00 Yuan (in words: four hundred and eighty-eight thousand one hundred and four Yuan only). Party A has paid the down payment of 196, 104.00 Yuan (in words: one hundred and ninety-six thousand one hundred and four Yuan). The remaining RMB 292,000.00 Yuan (in words: RMB 292,000.00 Yuan) was purchased by mortgage from the branch of China Construction Bank Co., Ltd. The loan term is 180 months, that is, 20xxx to 20xxx. As of the signing date of this contract, Party A has paid the loan principal of RMB 69,465,438+08.27, paid interest of RMB 565,438+0329.77, and still owes the bank RMB 222,586,5438+0.73.
After full consultation between Party A and Party B, Party A voluntarily resells the mortgaged house to Party B. Party A and Party B hereby sign the following agreement on the purchase and sale of mortgaged house:
1. The house sold by Party A is located in a house with a building area of square meters.
2. The registration number of the house sold by Party A is "_ _", the number of the Commodity House Sales Contract signed with the developer is _ _ _ _, and the number of the Mortgage Loan Contract signed with China Construction Bank is _ _ _ _.
3. Now Party A resells the above-mentioned mortgaged house to Party B, and both parties agree that the total transfer price is RMB 500,000.00 Yuan (in words: five hundred thousand Yuan).
Four. Before signing this contract, Party B has paid Party A the purchase price of 255,000.00 yuan. From the date of signing this agreement, Party B will repay the bank mortgage arrears of 222,5865438 yuan +0.73 yuan. Party B shall also pay Party A the purchase price of RMB 22,465,438+07.27 on the day of signing this Contract. In addition, through negotiation between both parties, Party B agrees to pay 30,000 yuan to Party A as compensation for Party A's early repayment of bank interest.
5. The land use right of the mortgaged house is obtained by transfer. Once this contract is signed, the land use right within the occupied area of the mortgaged house shall be transferred together with the mortgaged house.
On the date of signing this agreement, Party A will hand over all documents related to the mortgaged house (original house purchase contract, tax bill, payment voucher, etc.). ) and the key of the house to Party B, and Party B begins to occupy and use the house, and the ownership belongs to Party B. The house has been decorated and used by Party A, and the related expenses of water, electricity, property and heating have been settled by both parties.
Seven. From the date of signing this contract, Party B shall start from next month according to the Individual Housing Loan Contract (ContractNo.: _ _ _ _ _). Party A shall provide the bank card and password for the monthly loan of the house, and Party B shall transfer the money to the designated account at the time specified by the bank every month. (Bank: China Construction Bank Branch: _ _ _ _ _ _. Without the authorization of Party B, Party A shall not change the card or report the loss, and has no right to dispose of the funds in the card. Party B shall pay the monthly payment to the bank as agreed, otherwise it shall be deemed as a breach of contract by Party B, and Party B shall pay a penalty of RMB 6,543,800+to Party A..
Eight. When can the house go through the formalities of property right transfer (subject to the notice of the developer, etc.)? ), Party B may choose to repay the bank mortgage loan and interest of the house in advance and go through the mortgage formalities. Party A shall actively handle the title certificate and handle the transfer formalities for Party B within ten days after Party A completes the title certificate. When the house can be transferred, Party B can also choose to temporarily transfer the house to its own name, and then transfer the house to its own name after the bank loan is paid off. No matter when Party B chooses to handle the property transfer registration, Party A must actively cooperate with Party B, otherwise it will be regarded as a breach of contract by Party A, and Party A shall pay Party B a penalty of 6,543,800 yuan.
Nine. Party A shall truthfully inform Party B of the environment, use, internal structure, state, facilities, quality and other present conditions of the house, and shall not conceal anything.
10. Party A guarantees that the above property rights are clear and uncontroversial, and there is no guarantee mortgage or property defect except bank mortgage. If any property right, creditor's rights and debts of Party A are involved, Party A shall be responsible for clearing them up and bear the civil litigation liability, and Party A shall be responsible for compensating the economic losses caused to Party B therefrom.
XI。 Once this contract is signed, it is legally binding on both parties. Before Party B handles the transfer, Party A shall not claim the ownership of the house from Party B, nor publicize the ownership of the house to a third party, nor sell the house again.
12. During the period when Party B pays off the balance, the benefits arising from natural appreciation and depreciation shall be enjoyed by Party B, and the risks shall be borne by Party B, and Party A shall not interfere.
Thirteen. The expenses for handling the above-mentioned property transfer procedures shall be borne by Party A, who shall unconditionally assist Party B in handling the relevant transfer procedures.
14. This contract shall come into effect after being signed and sealed by both parties, and shall be abided by both parties. Matters not covered in this contract can be negotiated separately, and its supplementary agreement has the same effect as this contract after being signed by both parties.
15. This contract is made in duplicate, with each party holding one copy.
Party A (signature and seal):
Address:
Contact telephone number:
Date: _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature and seal):
Address:
Contact telephone number:
Date: _ _ _ _ _ _ _ _ _ _ _ _