House prices in the fall, but in this a few months there has been a small climax rebound, the specific reasons for not thoroughly discussed, one is to grasp the fact, two is afraid and "are playing a game of chess" great conflict. But do not buy or buy up, active trading is true. The friend saw a more cost-effective to buy second-hand housing, but the housing, mortgage, then make a phone call to ask such a house can buy? I feel:

One, not repaid loans to the secondary housing can not sell

    At present, the domestic loans to buy a house case, bank loans will be set up in the original housing mortgage. According to the "property law" 191st paragraph second: "mortgages, mortgage without the mortgagee's consent, shall not transfer the mortgaged property, but the transferee pays off the debts on behalf of mortgage." That is to say, housing ownership people without bank's consent, shall not transfer the housing buy, unless people are willing to take the house owner to pay off bank debt.

Two, how to buy second-hand housing to pay off loans to the secondary housing 

   There are two ways to pay, is a one-time pay off, one is the economic strength is not enough when the multiple pay off. After a situation, is actually the original of all housing loans are transferred from the new purchaser, namely "mortgage". The sale of commercial housing loans not repaid, continue to repay the loan for the purchase of commercial housing. This capital requirement and less stress on the new purchase, but the problem is, at present in domestic practice is not feasible. Hongkong, not only can transfer the mortgage, even selling "speculation" can be, but the domestic banks to reduce their risk, few clear can mortgage service.

   So the only feasible scheme, is the first fund-raising to 1629 one-time repaid, then the transaction. (if the buyer is not enough strength, at the same time buyers to get a loan from the bank. This is essentially like mortgage loans in advance owing on the loan form). This one-time limit pay off, and several cases:

The first: the original housing all out on their own savings, or borrow money from relatives and friends, bank loans to pay off, such ability from banks to lift mortgage, which can real.

Second: is the conduit company to help, the loan property listing, when find buyers, and buyers communication. The buyer to pay part of the 1629, for real persons in advance owing on the loan.

Third: the real self can't get loans, but also no buyers willing to pay 1629, so the conduit company lending. The conduit company can use liquidity help sellers of loan.

   For property buyers, if the selected houses with bank loans, purchase will be very careful. Because in second ways, if the sellers are proposed to advance further loans, buy a house is considerable risk. Due to the purchase of real estate to pay, also belong to the sellers, once the sellers do not recognize or run away with the money, buy a house will face huge losses, so try to avoid such transactions.

    However, second ways are intermediary advocate way. In the current sluggish market conditions, intermediaries can do business is less and less, so even if some houses have the potential risk to the buyer, intermediary to facilitate transactions, still blew as if it were raining flowers, say what "because of loan is so cheap", "loan house to buyer didn't what risk", the purchase researchers have to be careful. If the real and reliable, it can be third ways of intermediary agencies use the above mentioned assist trading.

Three, the real ID to the transaction

    Mentioned this problem because a lot of housing mortgage can not get out of house property card. Some homeowners is to buy new houses, often in occupancy after one or two years has not Nadaofangchanzheng, this case is certainly can not be traded. Because the country has specific provision, strictly prohibit the transfer has not obtained the property housing permits, at the same time, did not permit access to property, new buyers will not loan formalities.

   And the situation is more real estate license is mortgage bank away, this practice in the localities to see around the real estate registration procedures, the concrete was divided into several, one is the loan after two of the credit, a property permits a he of warrants, housing mortgage and mortgage are in him items of display (such as Shanghai), in the mortgage, real estate certificate to the owner of personal saving, his right certificate to the bank deposit, loan repaid after his first will get the housing. Another kind is only a real estate certificate, the mortgage, mortgage banks usually require the escrow property certificate.

   So, if you identify what is a real estate licence but the bank deposit or no real evidence of the transaction? Is actually very simple: in either case, the local housing and land management departments have the registration, the public security departments, court, Procuratorate on with proven effective access to all relevant files, the property rights of people with identity cards, property cards can access files in the related information, and the general public in the sale of housing, litigation, etc. legitimate reasons, with proven effective, can simple enquiries housing information. Therefore, the buyer may require the seller in the transaction before (the property) to the administrative department of housing and land investigation into whether the real estate registration, the reality is much higher than that of the so-called real estate certificate seller holds, if the seller for various reasons do not match, or may entrust lawyers to investigate. The lawyer investigation benefits, in addition to survey the mortgage, also research of housing property permits and housing registration archive file written content is consistent, whether the seller is stated on the house property certificate of ownership housing, whether the other person has the right (such as, CO owner has the right of first refusal) etc..