Second hand housing loans have not been paid off, how to deal with the details of the transaction process
When buying and selling the second-hand house, we find that the house is in the state of mortgage, and the bank loan has not been paid off. Can we trade the second-hand house without paying off the loan? Will there be any risk when trading, and how can we avoid this risk? Here's how to do it.
1、 The second hand housing transaction channel that has not cleared the loan
1. Loan mortgage transfer.
The simplest way is to transfer the remaining loan to the buyer's name, and first go to the bank to obtain the consent of the bank. If the customer wants to change the bank to make a loan, it will be more troublesome. With the tightening of housing loan policy, banks will have more restrictions on "re mortgage", which only a few banks can do. This method has certain limitations.
2. Full transaction.
It is the safest and most direct way to let the original homeowner pay off all the loans first and trade all the money in the name of the buyer.
3. Apply for mortgage with collateral to pay off the house loan.
If there is no way to operate the above two, the original homeowner can use some assets to mortgage, mortgage in the bank, and settle the loan first. After the completion of the housing transaction, you can use the money to repay the loan.
2、 The following ways can be taken to avoid transaction risk
1. The contract clearly states the ownership of the house and the way of repayment.
When signing a contract, we should carefully look at the contract. In the contract, we should clearly write down the house price, ownership, taxes and fees. The breach of contract during the mortgage transfer period and the responsibility for breach of contract should be implemented in the house purchase contract. If there are problems, it is better to protect rights.
2. Go to the real estate bureau for advance notice registration.
The so-called notice registration refers to that the parties sign an agreement on the sale of housing or other real estate property rights, and in order to protect the realization of property rights in the future, they can apply to the registration authority for notice registration according to the agreement.
After the buyer and the seller complete the notice registration, the owner can't mortgage, guarantee or change the owner of the house without the buyer's consent. Even if he has signed the mortgage contract or guarantee contract with a third party, the contract is invalid. After the notice registration, the owner can continue to rent the house to obtain income until the buyer completes the transfer. In this way, we can effectively prevent homeowners from selling two houses, 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 notice registration has a period of validity. The period of validity of the notice registration is three months. In these three months, the real estate registration, that is, the property right registration, should be completed. If time is too late, it doesn't matter, you can repeatedly apply for notice registration, because there is no legal limit on the number of notice registration. It should be noted that the second-hand affordable housing can not be registered in advance.
3. After the property right is registered, the detailed information of the house can be inquired through the 'parcel number'.
After the buyer and the seller have completed the property registration within three months of the pre registration, they can query the detailed information of the real estate through the 'parcel number'. The parcel number is also known as the land number. The basic information such as the property right of the house, the nature of the land, the mortgage and the sealing up can be found. The buyer can obtain more authoritative and real housing information through this method to prevent being cheated.
There are many risks in the second-hand house transaction, especially for the house whose loan has not been paid off. The risk is still relatively high. Both the buyer and the seller should pay attention to the risks in the transaction. The buyer should determine the ownership of the house and whether the bank is allowed to repay the loan in advance before purchasing the house; the seller should pay attention to whether the buyer's down payment is enough to repay the loan and whether the lending time is acceptable. These problems may occur in the process of second-hand house transaction. I hope you can avoid these risks after reading the above contents.