Of course.
In case of transfer, both the issuer and the transferee shall go through the registration formalities for pre-sale and pre-purchase, and change the parties to the loan contract with the loan bank. Attention should also be paid to the following points:
First, houses with rights and interests can only be transferred when they are still in the auction stage. There are two conditions: first, the buyer and the development book, and second, the developer has continued, and any achievement in obtaining the real estate rights of new commercial housing is hindered. The buyer can wait until he obtains the property right certificate (small property right certificate) of the house.
Second, the consent of the developer is required: the pre-buyer must obtain the consent of the developer to realize the transfer of rights and interests. The transfer of rights and interests signed by the developer and the transferee, stamped, indicates that the developer has agreed to the property.
3. Deed tax paid by the buyer and the seller: the buyer who transferred the auction house is not only the buyer who purchased the auction house from the developer, but also the seller who transferred the house option to the assignee, so there are two consecutive transactions between the developer, the buyer and the assignee. According to the regulations, the pre-buyer in the equity transfer must pay the deed tax arising from the pre-sale contract relationship with the developer, while the transferee should pay the deed tax arising from the equity transfer agreement relationship when handling his own small property certificate.
Four. Legal consequences of the transfer of rights and interests: after the transfer, the transferee of rights formed with the developer can directly handle the procedures of house handover and property transfer with the developer in the future, and directly investigate the legal responsibility of the other party for violating the pre-sale contract through the contract.
Second, after paying the down payment and the mortgage for one year, can you sell the house?
Whether you can sell it depends on whether you have already applied for a certificate, and it has nothing to do with the down payment and mortgage payment for several years.
The normal sale of a house is the transfer of property rights. Even if the transaction is completed after the account is completed (in the actual operation of the loan, the loan is received), so if you want to sell the house, you must first apply for a certificate.
In addition, the earlier the registration time, the better. It is best to sell it after five years of registration, so that the later taxes and fees will be less.
3. Can the mortgaged house be sold for one year?
You can sell the house if you get the real estate license, which has nothing to do with the mortgage.
The house has just been bought for one year, and it is still under mortgage. Can the house be sold?
Can be sold, but we should pay attention to several issues:
1. Use your own funds or the buyer's down payment to repay the loan.
2. If it is an ordinary house, if it has been sold for less than 5 years, it will pay 5.55% of the total business tax.
The rest is nothing special.
Because the so-called mortgage means that the mortgagor transfers the property rights of the house to mortgage, and the beneficiary, as the guarantor of repayment, immediately transfers the property rights involved to the mortgagor after the mortgagor pays off the loan, and the mortgagor enjoys the right to use in this process.
Extended data:
Mortgage can be divided into existing mortgage loans and unfinished mortgage loans. Mortgage of existing buildings means that borrowers borrow money to buy existing buildings and use the purchased existing buildings as collateral. The mortgage of uncompleted flats is a mortgage loan provided by financial institutions to buyers who purchase uncompleted flats (buildings that are pre-sold in whole, in layers or units before completion) according to the purchase contract, with the borrower's rights as collateral.
Advantages of mortgage loan:
1. Spend tomorrow's money to round today's dream. Mortgage is a loan, that is, borrowing money from the bank. You don't have to spend a lot of money to buy your own house right away, so the first advantage of mortgage to buy a house is that you can buy a house with less money.
2. Use limited funds for multiple investments. From the perspective of investment, mortgage buyers can invest their funds separately, borrow money to buy a house and rent it, and then invest again, so that the funds can be used flexibly.
The bank will check it for you. Borrowing money means borrowing money from banks, which naturally care about the quality of real estate projects. In addition to auditing yourself, banks will also help you audit developers and help you check, with a high degree of natural insurance.
The borrower shall repay the principal and interest of the loan according to the repayment plan and repayment method agreed in the loan contract. There are two repayment methods: entrusted deduction and counter repayment.