The plan points out that in the process of transferring the mortgaged second-hand house, the business process is optimized by implementing various modes (such as "sequential mortgage", second-hand house transfer and "double advance notice registration" of mortgage) to realize more efficient and convenient second-hand house transactions. In the process of second-hand housing transaction, buyers and sellers can choose to transfer second-hand housing with mortgage mode, and the transaction of real estate must meet the conditions of not setting up other mortgages except the original bank loan mortgage.
Since 2022, the "mortgage transfer" mode of second-hand housing has attracted much attention. At present, more than ten hot-spot first-and second-tier cities such as Guangzhou, Shenzhen, Dongguan, Zhuhai, Kunming and Nanjing have introduced or tried out the new policy of "mortgage transfer".
In Shenzhen, on September 1 day, 2022, Shenzhen Pingshan Notary Office released a message that Pingshan Notary Office recently completed the first second-hand housing transaction service of "notarized deposit and foreclosed building transfer with mortgage" in Shenzhen; However, this business is only aimed at non-performing assets and seizure of real estate.
Later, the "transfer with mortgage" model of the Postal Savings Bank came out. It is understood that it is limited to our customers.
"Mortgage-to-mortgage" mortgage is a new mode of accepting personal housing loans. Existing mortgage customers transfer the loan to a third party who intends to handle the housing payment business in our bank with the consent of the bank, and go through the formalities of property right transfer and mortgage registration. The original borrower can handle the transfer registration without paying off the original mortgage; Part of the loan applied by the new borrower will be used to repay the mortgage of the original borrower.
"Mortgaged transfer" actually means "Mortgaged transfer is more than redemption", which saves time and money. The whole transaction fund is supervised by the bank, and the transaction security is also guaranteed.
Compared with the traditional second-hand housing transaction, the mortgage transfer mode simplifies the settlement, mortgage cancellation and transfer process, and the transaction efficiency is higher; Under the mortgage transfer mode, the buyer's loan funds are used to repay the seller's loan, and the seller does not need to refinance the loan, which effectively saves the capital cost required for the seller's early repayment.
At present, in the second-hand housing transaction, it is necessary to redeem the defaulted second-hand housing, pay off the mortgage principal and interest of the seller's property, cancel the mortgage registration and redeem the first-hand certificate. Redemption of first-hand vouchers and cancellation of mortgage registration shall be deemed as the completion of redemption.
There are two main forms of second-hand housing foreclosure business: one is cash foreclosure and the other is quota foreclosure.
Cash redemption, the guarantee company advances money to the owner to redeem the building, and collects loan interest. At present, the interest can be as low as four ten thousandths;
When a guarantee company wants to redeem a certain amount of buildings, it must pay a guarantee fee and short-term loan interest when issuing a letter of guarantee and applying for a short-term loan from a bank. The minimum guarantee fee is generally charged at 0.8% of the loan amount. Generally, the overall cost needs more than 30 thousand.
"Transfer with mortgage" can save this foreclosure fee and achieve the effect of saving money quickly.
Attached to the original policy:
Work plan of promoting the "mortgage transfer" mode of second-hand housing in Shenzhen
In order to explore and promote the "mortgage transfer" mode of second-hand housing, improve the efficiency and convenience of second-hand housing transactions in our city, and reduce the transaction cost of second-hand housing, this work plan is specially formulated.
I. Work content
The "mortgage transfer" mode of second-hand housing refers to the transfer, remortgage and issuance of new loans of mortgaged real estate without paying off the loan in advance, so as to realize the repayment of the old loan with the purchase price (the buyer's purchase price is used to repay the seller's bank loan). In the process of transferring mortgaged second-hand houses, various modes such as "sequential mortgage", second-hand house transfer and "double advance notice registration" are implemented to optimize business processes and realize more efficient and convenient second-hand house transactions. In the process of second-hand housing transaction, buyers and sellers can choose to apply the "mortgage transfer" mode of second-hand housing, and the transaction property must meet the conditions of not setting up other mortgages except the original bank loan mortgage.
Second, the workflow
In the second-hand house transaction, the buyer still needs to use the loan to buy a house when the seller has not paid off the loan and the mortgage has not been lifted. The buyer and the seller choose the second-hand house "transfer with mortgage" mode, and the specific process is as follows:
(A) "sequential mortgage" processing flow
The buyer and the seller reached a transaction intention and signed a second-hand house sales contract.
2. The buyer and the seller shall go through the fund supervision procedures in the selected fund supervision institutions (such as banks and notary offices) to supervise the buyer's house purchase money (including down payment and bank loan). At the same time, the buyer applied for a loan from the bank.
3. After the buyer's loan is approved, the buyer and the seller's loan bank apply for "mortgage transfer registration, mortgage change registration and mortgage establishment registration" in the same bank to establish new mortgages in sequence.
4. The real estate registration department completes three registration items at the same time according to the application of the buyer and the seller's loan bank, records the real estate registration book, and pushes the mortgage registration electronic certificate to the buyer's loan bank.
5. The buyer's loan bank issues loans according to the mortgage registration certificate pushed by the real estate registration department. Involving provident fund loans, confirmed by the provident fund management department, in accordance with the operating procedures for loans. The fund supervision institution repays the principal and interest of the seller's bank loan with the purchase price in the supervision account and settles the loan.
6. After the seller's loan bank settles the loan, it submits the mortgage cancellation application online, and the mortgage right of the buyer's loan bank moves forward, that is, from the second place to the first place.
7. The fund supervision institution transfers the balance of the fund supervision account to the seller.
(2) the process of "double advance notice registration"
After the buyer and the seller reach a transaction intention and sign a second-hand house sales contract, the buyer applies for a loan from the bank.
2. After the buyer's loan is approved, the buyer's loan bank will jointly apply for pre-registration of second-hand housing transfer and pre-registration of mortgage with the buyer and the seller online.
3. The real estate registration department completes the business audit of "double advance notice registration" according to the application of the buyer's loan bank and the buyer and the seller, records the real estate register, and pushes the mortgage advance notice registration electronic certificate to the buyer's loan bank.
4. The buyer's loan bank shall make full loan according to the registration result of the mortgage notice. Involving provident fund loans, confirmed by the provident fund management department, in accordance with the operating procedures for loans. The buyer's down payment and bank loan are directly deposited into the fund deposit account agreed by the buyer and the seller in the Deposit Agreement for supervision. Notary agencies issue relevant materials and deliver them to the buyer's loan bank, the buyer and the seller.
5. After the purchase price is deposited into the escrow account, the buyer and the seller and the buyer's loan bank shall apply to the real estate registration department for double advance notice registration, and timely transfer the capital for registration.
6. After the real estate transfer registration is completed, the custodian institution will repay the principal and interest of the seller's bank loan with the purchase price in the custody account and settle the loan. The seller's loan bank submits the mortgage cancellation application online, and the real estate registration department reviews it online. It can also be submitted by the seller himself, and the bank can confirm the application online. If the registration of property rights transfer cannot be completed, the depository institution will return the purchase money in the escrow account to the buyer's loan bank and the buyer himself.
If the buyer pays in one lump sum, and the down payment of the buyer exceeds the original debt of the seller, and the second-hand house is mortgaged, the process of "sequential mortgage" and "double notice registration" can also be applied.
Third, the division of work.
(1) The Municipal Bureau of Planning and Natural Resources has instructed the Municipal Real Estate Registration Center to actively promote the cooperation between real estate registration and bank loan business, increase the registration of mortgage establishment (that is, mortgage registration of buyer's loan bank) on the basis of the merger business of "transfer registration, mortgage change registration and mortgage establishment registration", and promote the merger of "transfer registration and mortgage change registration"; At the same time, we will promote the pre-registration of second-hand houses, optimize the connection between pre-registration and pre-registration transfer and the registration book, and realize the "transfer with mortgage" of second-hand houses.
(2) Shenzhen Central Sub-branch of the People's Bank of China, Shenzhen Banking Insurance Regulatory Bureau and Municipal Local Financial Supervision Bureau guide banks to carry out the mortgage transfer business of second-hand houses, and provide relevant materials according to the needs of buyers and sellers (such as written materials agreeing to mortgage transfer, relevant materials required by the real estate registration department, etc.). ), assist in completing "sequential mortgage" or "double advance notice registration" and timely lend money; At the same time, strengthen coordination and docking with real estate registration centers, notary offices and other departments, determine specific business process standards, and promote the implementation of the "transfer with mortgage" model of second-hand houses while ensuring the safety of funds.
(3) The Municipal Housing and Construction Bureau guides the Municipal Housing Provident Fund Management Center to optimize and adjust the provident fund loan process, and design and handle the provident fund loan business according to the process of "sequential mortgage" and "double advance notice registration".
(4) The Municipal Bureau of Justice shall, according to the notarization functions such as notarization deposit, guide the notarization institution to carry out notarization deposit business in the form of notarization deposit agreement (including commitment letter) signed by all parties according to law or agreement and commitment letter recognized by all parties, and timely pay the relevant funds to the seller's loan bank and the seller according to the business process.
Fourth, the safeguard mechanism.
(1) Strengthen the sense of responsibility and implement the main responsibility. All departments should attach great importance to it, strengthen coordination and docking between departments and share information. According to the business process and division of responsibilities of second-hand housing mortgage transfer, they should constantly optimize the handling process, determine the specific operation process and business guidelines, strengthen the connection between various businesses, and provide safe, efficient and convenient trading services for buyers and sellers.
(2) Optimize the processing flow and reduce the processing time limit. The real estate registration department should actively promote online application. The buyer, the seller and the bank shall apply for mortgage change registration, mortgage establishment registration, second-hand house advance notice registration, advance notice registration and transfer registration online, submit materials online, and realize online confirmation by using face recognition and living authentication technology. The real estate registration department will review and handle related business online. For businesses that meet the merger conditions, they will be merged according to the application, simplifying the application materials, shortening the processing time and providing convenient services for all parties to the transaction. Speed up data sharing, do a good job in information exchange between real estate registration departments, banks, notary agencies and other departments, and promote data sharing needed for notarization deposits and settlement payments, online inquiry and verification.
(three) steadily promote the pilot, to encourage comprehensive exploration. In terms of the scope of the pilot, we will first promote the "mortgage transfer" business of the buyer's one-time payment or the second-hand house in the same bank as the buyer's and seller's loan banks, and then gradually expand to the "mortgage transfer" business in the same bank as the buyer's and seller's loan banks. At the same time, banks are encouraged to try to handle the "re-mortgage" business where the loan bank of the buyer and the seller is not the same bank. In the mode practice, apart from the mode of "sequential mortgage" and "double advance notice registration", other modes are encouraged to be actively explored, so as to accumulate experience for comprehensively promoting the "mortgage-to-mortgage" of second-hand houses.
Shenzhen Housing and Construction Bureau
Shenzhen justice bureau
Shenzhen Bureau of Planning and Natural Resources
Shenzhen local financial supervision and management bureau
China People's Bank Shenzhen Central Branch
Bank of China Insurance Regulatory Commission Shenzhen Supervision Bureau
65438+20231October 5