How to promote the "mortgage transfer" mode of second-hand housing in Shenzhen? What does the second-hand house "transfer with mortgage" mean?

Recently, a number of mainstream media reported intensively that the Shenzhen Housing and Construction Bureau and other six departments issued the "Work Plan for Promoting the Paid Transfer Mode of Second-hand Housing in Shenzhen", aiming at improving the efficiency and convenience of second-hand housing transactions in Shenzhen and reducing the transaction cost of second-hand housing. It is clearly pointed out that in the process of second-hand housing transaction, buyers and sellers can choose to apply the mortgaged second-hand housing transfer method, and the traded real estate must meet the condition that there is no other mortgage except the original bank loan mortgage. Seeing this, perhaps many people will have a question, what does it mean to transfer the second-hand house with mortgage? What is the specific operation process?

Shenzhen promotes the transfer mode of second-hand housing with mortgage

65438+10.5, Shenzhen Housing and Construction Bureau and other six departments issued the notice of "Work Plan for Promoting the Transfer Mode of Second-hand Housing with Fees in Shenzhen". According to the Notice, the second-hand housing mortgage transfer mode refers to the transfer, remortgage and issuance of new loans of the mortgaged property 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 second-hand housing transfer with mortgage, various modes such as sequential mortgage, second-hand housing transfer and mortgage double notice registration are implemented to optimize business processes and realize more efficient and convenient second-hand housing transactions. In the process of second-hand housing transaction, buyers and sellers can choose to apply the mortgage transfer method of second-hand housing, and the transaction property must meet the condition that there is no other mortgage except the original bank loan mortgage.

The notice pointed out that the pilot project should be steadily promoted and comprehensive exploration should be encouraged. In the scope of the pilot, first, the buyer's one-time payment or the buyer's and seller's loan banks handle the mortgage transfer business of second-hand houses for the same bank, and then gradually expand to the buyer's and seller's loan banks to handle the mortgage transfer business of different banks. At the same time, banks are encouraged to try to handle the mortgage transfer business of loan banks with different buyers and sellers. In the mode practice, in addition to the double notice registration mode of sequential mortgage, other modes are encouraged to be actively explored to accumulate experience for comprehensively promoting the transfer of second-hand houses with mortgages.

What does it mean to transfer the mortgaged second-hand house?

Mortgage transfer means that the mortgaged property can be transferred without repaying the loan in advance, and you can apply for a new mortgage and issue a new loan. In the past, the traditional model was that in order to transfer the mortgaged property, it was necessary to raise enough funds to pay off the remaining loan principal, such as paying with the buyer's down payment, and borrowing money everywhere if it was not enough. After getting back the real estate license, the original mortgage registration will be cancelled, and then the transaction will be transferred to a new buyer. This method is more restrictive, risky and complicated to use, so few banks will agree. But now it is understood that the transfer of second-hand housing with mortgage has been launched in Jinan, Qingdao and other cities, and has been successfully piloted in many banks such as Industrial and Commercial Bank of China, China Construction Bank and Bank of Beijing. It is a new model, which is introduced to improve the convenience of second-hand housing transactions.

In addition to Shenzhen, at the end of June 5438+February, 2022, Dongguan Housing and Urban-Rural Development Bureau also issued the Notice on Implementing the Paid Transfer Mode of Commodity Housing (hereinafter referred to as the Notice), explaining the paid transfer mode.

According to the notice, the implementation of the existing commercial housing mortgage transfer model can effectively reduce the risk and cost of housing transactions, shorten the housing transaction cycle, stimulate the transaction vitality of the existing commercial housing market, help promote the mutual promotion of the new commercial housing market and the existing commercial housing market, better meet the rigid and improved housing demand, and promote the stable and healthy development of the real estate market.

According to incomplete statistics, since August 2022, more than 20 cities have successively announced the introduction of the transaction mode of second-hand housing transfer with mortgage, including hot cities such as Shenzhen-Guangzhou-Dongguan, Xi 'an, Ningbo, Suzhou, Wuxi and Jinan, as well as third-and fourth-tier cities such as Zhongshan, Lishui, Weifang and Huai 'an.

Shenzhen mortgage second-hand housing transfer specific process

(1) The sequence of mortgage processing flow

1. The buyer and the seller reach a transaction intention and sign 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 online for transfer registration+mortgage change registration+mortgage establishment registration, and set up 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) Double advance notice registration procedures

1. After the buyer and 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 handle the pre-registration of second-hand house transfer and mortgage online with the buyer and the seller.

3. The real estate registration department shall, according to the application of the buyer's loan bank and the buyers and sellers, complete the review of the double advance notice registration business, record the real estate register, and push the mortgage advance notice registration electronic certificate to the buyer's loan bank.

4. The buyer's loan bank will fully lend money according to the registration result of mortgage advance 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.

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.

Detailed process of second-hand housing transaction

1, select the shell.

The first step in buying a second-hand house is to find a house. In fact, property buyers can get a second-hand house through many channels, go to a real estate agent to find house information, or introduce it through relatives, friends and acquaintances. In addition, they can also pay attention to the information published in some local real estate websites or newspapers.

2, on-site inspection and verification of property rights

Property buyers can choose houses according to their own needs, and can observe the surrounding environment, supporting facilities and quality of second-hand houses. In addition, to understand the overall situation and property rights of the house, the seller is required to provide legal documents, including house ownership certificate, identity certificate and other documents. You can also look at the relevant evidence when buying a house, such as purchase invoices and deed tax invoices, as auxiliary evidence to confirm the ownership of the property.

Step 3 sign a contract

When the buyers and sellers have confirmed their intention to buy a house, they can start to sign a house sale contract. When the buyer checks the seller's certificate and it is legal, he can pay the house purchase deposit, and then both parties can sign the house sales contract.

After the parties to a real estate transaction reach an agreement on the location of the house, the property right status, the transaction price, the delivery time, the delivery of the house, the property right disposal, etc., the two parties shall sign at least three contracts for the sale of the house.

4. Bank loans

If the buyer doesn't pay the house price in one lump sum, then he needs to go through the formalities of mortgage loan. After the house sales contract is signed, the buyer and the seller go through the loan formalities at the loan bank. The bank examines the credit status of the buyer, evaluates the houses to be traded by both parties, determines the loan amount of the buyer, and then approves the loan of the buyer. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.

Step 5 apply for transfer

Buyers and sellers need to apply to the real estate transaction management department together, and then the management department will check the relevant documents and review the property rights. Give transfer procedures to houses that meet the listing conditions; If there is no property right or part of the property right has not obtained the written consent of other property rights, the application shall be refused and the listing and trading shall be prohibited.

Step 6 pay taxes and fees

According to the relevant regulations, the transfer of second-hand houses needs to pay taxes on the sale of houses. First, according to the property rights of the house to be traded and the object to be purchased, according to the examination and approval authority set by the trading department in advance, the relevant departments will report it for examination and approval step by step, and then both parties to the transaction can go through the deed signing formalities.

Then pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, there are differences in the tax composition of housing reform, rebuilding and demolition, affordable housing and other commercial housing.

7. Transfer procedures of property rights.

After the buyer and the seller complete the registration of property right change in the real estate transaction management department, the buyer applies for a new property right certificate to the issuing department with the Notice of Obtaining Property Ownership Certificate.

8. House handover

After the formalities of the second-hand house sales contract are completed, the house shall be delivered at the time agreed in the contract. Some homeowners will not pay the house as agreed in the contract, so when signing the contract, you must clearly write down the time of delivery and the liability for breach of contract. Pay attention to the handover of the property after delivery, because it involves property fees, so this step cannot be missed.