How to check whether the second-hand house has a private mortgage?

Generally speaking, second-hand houses have private loans, which will not be registered, that is, buyers can't find them. It is suggested that buyers must investigate the information of the house they bought, such as the character of the owner. And when signing the house purchase contract, write clearly the situation of private lending, and formulate the corresponding liability for breach of contract. If private lending really exists, the legal responsibility of the landlord can be investigated according to the contract. In addition, in the normal transaction process, the property right of the house needs to be checked and confirmed first, and the landlord needs to sign the property right confirmation before the next transaction can be carried out.

When buying a second-hand house, both buyers and sellers need to apply to the real estate transaction department, and the relevant departments will review whether the house has the transaction conditions. In addition to checking the ownership of the house, the owner also needs to provide legal documents. Only after reaching an agreement on the transaction price, delivery time and property right handling can the house sales contract be signed.

Procedures and procedures for the sale of second-hand houses

The buyer and the seller shall prepare the materials required for the transfer, including the house ownership certificate, the identity certificates of the buyer and the seller, the marital status certificate of the seller, the house registration certificate, the sales contract and other materials deemed necessary by the house registration authority. The process of buying and selling second-hand houses is as follows.

(1) The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house and requires the seller to provide legal proof.

(2) If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit, and the buyer and the seller sign a house sales contract.

(3) The buyer and the seller apply to the real estate transaction management department for review.

(4) contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed.

(5) Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.

(6), handle the transfer of property rights transfer procedures. After the real estate transaction management department completes the registration of property right change, both parties to the transaction will hand over the transaction data to the issuing department, and the buyer will apply for a new property right certificate with the notice of receiving the property ownership certificate.

(7) The second-hand house sales contract between both parties shall be fully performed after one party obtains the house ownership certificate and pays off all the house price, and the seller delivers the house and settles all the property fees.