First, mortgage to mortgage.
Refers to the sale or transfer of personal housing to a third person and the application for personal housing loan to change the loan term, change the borrower or change the collateral. It means transferring the existing remaining loans to new buyers, which requires the consent of the lending bank. At the same time, if the buyer does not want to apply for a loan in the existing loan bank, it will also involve inter-bank mortgage transfer. With the tightening of mortgage policy this year, banks will have more restrictions on "re-mortgage", and only a few banks can do it, so this method has certain limitations.
Second, pay off the loan with the buyer's down payment.
This method is more common. If the buyer buys the house in full, it will be easier. The seller directly applied to the bank for early repayment and cancelled the house mortgage. If buyers also need loans, they can use the down payment of buyers to pay the remaining mortgage. If it is not enough, the seller should find another way.
Third, apply for a mortgage loan with collateral to pay off the mortgage.
When the above two methods are not feasible, you can try the last one. The seller can apply for a mortgage loan from the bank with real estate and other collateral to repay the remaining mortgage loan.
For property buyers, it is also risky to buy a property with outstanding loans. It is possible that the seller reneges on the house payment, and the owner's creditor's rights dispute leads to the abnormal transfer of the house during the mortgage cancellation period.
So how to avoid these risks? There are mainly the following methods.
1. Specify the ownership of the house, payment method and liability for breach of contract in the contract.
The simplest way is to write the default problems and responsibilities arising in the process of house price, ownership, taxes and fees, mortgage transfer into the house purchase contract, and better protect rights if there are problems.
2. Register the house in advance.
The so-called advance notice registration, the official definition is that the parties sign an agreement on the right to buy and sell houses or other real estate. In order to ensure the realization of future property rights, they can apply to the registration authority for advance notice registration according to the agreement.
The main legal basis for the advance notice registration is Article 20 of the Property Law promulgated in 2007: After the advance notice registration, if the right holder without advance notice registration agrees to dispose of the real estate, the real right effect will not occur.
To put it bluntly, after both parties complete the advance notice registration, the owner cannot mortgage, guarantee or change the owner of the house without the consent of the buyer. Even if a mortgage contract or guarantee contract has been signed with a third party, the contract is invalid. After the advance notice registration, the owner can still rent the house to obtain income until the buyer completes the transfer. This can effectively prevent homeowners from selling one room and two halls, which not only protects the rights and interests of buyers, but also protects the rights and interests of homeowners.
However, it should be noted that the advance notice registration is effective, and the law stipulates that "if the creditor's rights are extinguished after the advance notice registration or the application for registration is not made within three months from the date when the real estate registration can be carried out, the advance notice registration is limited", that is to say, the advance notice registration is valid for three months, and the real estate registration should be completed within these three months, that is, the real estate registration. It doesn't matter if the time is too late, you can apply for advance notice registration repeatedly, because there is no limit on the number of advance notice registrations by law. It should be noted that second-hand affordable housing cannot be registered in advance.
3. After the real estate is registered, check the detailed information of the house through the "parcel number".
When it comes to real estate advance notice registration, we have to mention the recent hot real estate registration.
General real estate registration refers to the registration of real estate rights in the completed state, while advance registration is a kind of registration to preserve real estate rights in the future.
After the advance notice registration is made, it does not lead to the establishment or change of the real right of real estate, but only enables the registration applicant to obtain a right to request the change of real right in the future. To put it bluntly, real estate registration means that the house payment is paid, but the transfer is the only step. After the real estate registration is completed, the property right of the house is yours. Advance notice registration is a preventive preparation for future property right change and registration, so as to prevent the situation that one room and two rooms are sold and mortgaged. After the advance notice registration, the actual owner of the house is still the original owner.
After the implementation of real estate registration, buyers and sellers of real estate can query the detailed information of real estate through the "parcel number", which is the so-called land number. According to the division of parcels, the number of each parcel is 13, and the number 1- 10 is the code of the administrative division to which the parcel belongs. Basic information such as housing property rights, land nature, mortgage and seizure. It can be found that property buyers can obtain more authoritative and real housing information in this way to prevent being cheated.
(The above answer was issued on 20 17-08-24, and the current relevant housing purchase policy should be based on the actual situation. )
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