Help revitalize the stock market
With the rapid development of urbanization, the era of domestic real estate market stock has arrived. According to the previous data of Lianjia Real Estate, the transaction volume of second-hand houses in China exceeded 6 trillion yuan in 20 16 years, accounting for 4 1% of the total housing transactions. Among them, Beijing, Shanghai and Shenzhen accounted for 74%, 72% and 60% of the total turnover respectively. In addition, in 20 17, the transaction volume of second-hand houses in 24 cities exceeded that of new houses, becoming the main channel to meet housing demand.
Zhuge housing analysis believes that the "mortgage transfer" model will mainly bring two benefits to second-hand housing transactions. First, the transaction cost is reduced, that is, the seller can repay the seller's bank loan with the buyer's bank loan without lifting the mortgage and raising funds, which effectively reduces the transaction cost and relieves the trouble of raising funds; Second, to reduce the risk of second-hand housing transactions, the buyer can directly deposit the purchase price into the escrow account, which protects the interests of the transaction subject to a certain extent.
Generally speaking, the risks and costs of second-hand housing transactions have been reduced, which has fundamentally relieved the troubles of second-hand housing transactions, played a more obvious role in improving market vitality, and has very important practical significance in promoting the healthy and benign development of the current real estate market. At present, Nanjing, Shenzhen and other cities have cases of second-hand housing "transfer with mortgage", and it is expected that more cities will follow suit in the future.
Civil code guard
Then what is "transfer with mortgage"? As the name implies, mortgage transfer means that the mortgaged property can be transferred without repaying the loan in advance, and new mortgages can be applied and new loans can be issued.
In the past, the traditional transaction mode was that if the mortgaged property wanted to be transferred, it was necessary to raise enough funds to pay off the remaining loan principal, get back the real estate license, cancel the original mortgage registration, and then transfer the property to a new buyer.
After the implementation of "transfer with mortgage", the second-hand housing transaction eased the trouble of "bridge funds", lowered the "entry threshold" of houses, increased more choices for buyers and sellers, reduced the circulation cost of second-hand housing in the market, cleared the transaction obstacles and further enriched the vitality of the second-hand housing market.
Some data show that "mortgage transfer" mainly benefits from the implementation of the Civil Code.
According to Article 406 of the Civil Law: "During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor. "
Insiders pointed out that before the introduction of the Civil Code, China's restrictions on collateral transactions were relatively strict. After the implementation of the Civil Code, the property of a house as a thing was clarified, which brought about a change in the concept that mortgage was based on things rather than people. The emergence of "mortgage transfer" mode makes the trading channel smoother.
Jinan, Shenzhen and other places took the lead in piloting.
It is understood that as early as 202 1, after the entry into force of the Civil Code, Zhuhai has started the "mortgage transfer" mode of second-hand housing transactions, becoming the first city to pilot "mortgage transfer". In addition to Zhuhai, pilot projects have recently been carried out in Jinan, Shandong, Junan, Nanjing, Suzhou, Kunming, Shenzhen, Jinhua, Fuzhou, Wuxi and Hainan.
Take Jinan as an example. At present, ICBC Shandong Branch has landed the first second-hand house "remortgage" business in China. It is reported that ICBC Shandong Branch has innovatively introduced the "margin account" management link of Qilu Notary Office in strict accordance with the relevant provisions of the Civil Code and the Measures for the Administration of Second-hand Personal Housing Loans to ensure business safety.
On August 17, Jinan Municipal Bureau of Natural Resources and Planning, together with Jinan Housing Provident Fund Center and Municipal Bureau of Justice, announced the innovative launch of the "mortgage transfer" registration of second-hand houses. When the mortgaged property is listed and traded, it is not necessary to repay the loan or advance the funds in advance, that is, it is not necessary to restore the mortgage first, so that the transfer, re-mortgage and new housing loans can be completed.
It is understood that the real estate registration center of Jinan Natural Resources and Planning Bureau has expanded the online application system. After the bank loan is approved, you can apply for mortgage advance notice registration online, and the buyer and seller confirm the "double advance notice registration" on the mobile phone. At the same time, by actively extending the advance notice registration port to real estate development enterprises and housing brokerage institutions, the handling process is further simplified.
It is worth noting that the introduction of notarized "deposit account" is an important link in the process of "secured transfer" launched in Jinan. It is reported that before the transaction is completed, all funds are supervised by the account to ensure the safety of funds. Once the transaction fails, the funds will return to the original way to avoid fund disputes and reduce the transaction risk.
In addition to Jinan, on September 17, the General Office of the People's Government of Hainan Province issued the Action Plan for Coordinating Epidemic Prevention and Economic Recovery in Hainan Province, proposing to explore the pilot of "mortgage-based" registration of unsecured second-hand houses with housing provident fund loans.
On September 20th, Junan County, Linyi City, Shandong Province issued "Junan County's Policy for Promoting the Stable and Healthy Development of Real Estate in 2022 (the second batch)", proposing that Junan County will implement the registration mode of "transfer with mortgage" for second-hand houses, mortgage real estate for listing and trading, and complete the transfer, mortgage and new loans without reverting to the mortgage first.
Under the favorable impetus of "transfer with mortgage", there have been cases of second-hand housing "transfer with mortgage" in cities such as Nanjing and Shenzhen.
It is reported that on September 6th/kloc-0, Nanjing Real Estate Registration Center cooperated with more than 50 banks including China Construction Bank (60 1939) and Nanjing Bank (60 1009) to complete the registration of 58 houses in the whole city, with a transaction amount exceeding 500 million yuan.
Shenzhen Pingshan District Justice Bureau reported in September 1 that Pingshan Notary Office completed the first second-hand housing transaction service in Shenzhen and practiced a new mode of second-hand housing transaction.
In addition, since the promulgation of the Civil Code, Fuzhou Real Estate Registration and Trading Center has taken the initiative to launch a new application form in April 20021. Since then, it has continuously simplified relevant processes and materials and called for more banking institutions to actually participate. At present, Fuzhou has completed more than 300 cases of "remortgage" business.
Beijing pilot "serial single" business is handled in parallel
According to the monitoring data of Central Finger Hospital, the transaction area of second-hand houses in 202 1 Beijing exceeds170,000 square meters, which is significantly higher than that of new houses 1065438+ 10,000 square meters. At the same time, due to the high cost of buying a house, there are many "chain orders" in the market, and the market operation depends more on improving the chain of second-hand housing replacement.
Beijing, as the main market for stock transactions, is constantly improving second-hand housing transactions. On September 23, the Beijing Municipal Commission of Housing and Urban-Rural Development and the Municipal Planning Commission issued the "Notice on Trial Parallel Handling of Serial Orders for Stocking Houses", which adjusted the serial orders for second-hand housing transactions from the past to parallel handling.
It is reported that the "serial list" refers to the transaction business in which the family buying a house sells the house under its name first, and then buys the house again in the same period. Parallel processing of "serial orders" refers to optimizing the rules for examining the qualification of buying houses, and adjusting the original house buying and selling business that needs to be handled in turn into parallel processing, so as to improve the efficiency of house trading and reduce the cost of buying houses.
During the trial period, families applying for the "chain home order" business should meet the following conditions: there is a need to sell houses and buy existing houses in this city; After the original house is sold, it is eligible to buy commercial housing in Beijing.
Xu Yuejin, deputy research director of the Index Department of the Central Reference Institute, said that according to the past practice, families with "continuous orders" generally have to sell their houses and register the transfer of ownership, so as to be eligible to buy the next house, and the transaction cycle is long. After the implementation of parallel processing, the verification operation of house purchase qualification is optimized, which can effectively shorten the transaction cycle of "serial number list".
The parallel implementation of "serial single" business can effectively improve the efficiency of second-hand housing transactions, smooth the replacement chain of second-hand housing and improve the vitality of the real estate market. The main function of this policy is to shorten the trading time, and its impact on market supply and demand may be limited. At the same time, it should be noted that at present, only the "A Family ←B Family ←C Family" serial single business involving three-party families is included in the scope of trial, and the "New House ←B Family ←C Family" serial single business involving new houses will not be tried for the time being.
Insiders pointed out that both the parallel handling of "serial orders" business in Beijing and the new mode of "mortgage transfer" in other cities can meet the needs of various transaction subjects. With the further emergence of low-cost and low-risk advantages, the second-hand housing market may usher in a new force point.