The first way is to house buyers and sellers can be negotiated by the seller, the ownership of the house, repaid all loans by banks, mortgage registration sector cancellation of the registration of collateral. At this time, banks will no longer have the housing mortgage, housing ownership is not subject to any restrictions, housing ownership can sell houses according to their own free will, house buyers and sellers can be completed housing transactions in the general housing sales program. The transfer, to buy a house for more security, housing ownership is not affected by the bank's mortgage right limit, not by the bank against the dispute with the bank, but there is a certain risk to the seller, if the seller in advance repaid bank loans, the buyer back not to buy the house, it will bring financial pressure and loss, if the seller is unable to the seller and, in whole bank loan principal repaid, the transfer can not be achieved.

In second ways, the sale of housing through negotiation by both parties, the buyer will be paid to the housing ownership of a part of the purchase for the payment of principal and interest to bank mortgage loans for home ownership, to eliminate the bank mortgage, the housing ownership is not restricted, can be transferred freely. The transfer of the direct use of the buyer's purchase, no need to pay money to repay principal and interest. Mortgage loans to banks, is more advantageous to the seller. But this transfer mode for the buyer has certain transaction risk, in the use of mortgage for housing ownership repaid the bank mortgage loans, housing ownership is no longer restricted, free transfer. At this time, if the seller is not good, again will housing transfer to others. The buyer can not obtain housing ownership, to pay for the purchase, also take some time. In the mode of transfer, the buyer in order to prevent the transaction risk, should choose a mutually trusted third party(As a reputable conduit company, law firm or other security agencies etc.), full control of every aspect, eliminate the distrust or lack of honesty and the seller may lead to the transaction risk.

The third way is by the housing seller and buyer to apply for bank mortgage processing procedures, to achieve a mortgage contract agreement between the seller, buyer and Yin Hangsan square, the original housing ownership of the bank mortgage loan and interest repayment, the rights and obligations to buy a house together, through the change registration of mortgage, the mortgage people from the seller's change to buy a house ". The bank agrees to transfer the mortgage loans for the purchase of housing purposes. Advantages of this approach is that both houses are relatively safe, but no ability for one-time payment of the purchase the buyer can get the loan from the bank. Drawback is that because of the buyer and the seller to banks, housing three square, so the procedure is relatively complex, time is long, will also meet the buyer have to obtain bank loans conditions, such as the age, the ability to repay the loan principal and interest and other restrictions.

But regardless of the above what kind of transactions, the buyer should pay attention to several issues. First, the subject qualification. The seller is whether the housing ownership housing, there are other people is has obtained the consent of other co owners. Second, the risk of housing transactions. This includes a variety of conditions: housing has not been included in the scope of the demolition of housing management authority; if there is a dispute; houses have been rented to others, the seller fails to notify the lessee, the lessee against pre emptive rights; housing is legally seized by law or other forms of restrictions on housing ownership transfer transactions for housing; the existence of quality defects. Third, the housing "property card". The house is immovable, only signed housing buying and selling contract or real people will buy a house only housing delivery use did not have legal effect of changes in the ownership of houses. The transfer of housing ownership and related rights are required to register with authorities that we usually refer to the housing sector "transfer", the true way to obtain housing ownership or rights legal sense.

Yunnan Fangda law affairs in the world

Yang Wenquan lawyer