Secondary housing Xianfang means has built commercial housing and the transfer.Xianfang mortgage refers to the buyers (borrowers) to purchase housing as collateral, to obtain a certain amount of money from the lender, used to pay 1629, and the lender to obtain housing mortgage act.Xianfang have the basic conditions of the transfer, the seller owns the house property certificate, signed a contract for the sale, the buyer to pay the first payment or payments (bank loans), then the lending bank mortgage procedures.In the purchase of second-hand housing situation, there may exist the second-hand housing itself with mortgage situation, which requires the mortgage or re mortgage procedures.This process introduces no mortgage housing mortgage business.
Generally speaking, the ordinary mortgage housing sales need to go through the following steps:
1, the seller and the buyer signed housing contract of assignment;
2, the buyer bank applying for the loan, the loan amount is calculated according to the following formula: loan amount = purchased housing market prices of second-hand housing loans into several X;
3, the seller and the buyer in the real estate management for housing property transfer registration;
4, banks and for the buyer to apply for mortgage registration;
5, the bank loans to buyers, according to buyer's authorization, loans will be zoned to the seller to open the account.
The key link of ordinary housing mortgage loans is, what time the banks will loan the row to the seller's account (according to the buyer's instructions, pay the loan).Obviously there are at least two mode:
The first model after completing transfer in real estate mortgage lending, after.The specific operation is: the seller to pay the first payment after the buyer, the buyer to transfer procedures for the buyer's Bank; at the same time the mortgage registration; bank mortgage registration (20 days after the date of acceptance, mortgage registration failure, bank mortgage registration certificate by the buyer) after the payment instructions to the seller.In this mode, the seller has the bigger risk, banks are relatively safe.In reality, there are ways, mortgage registration after accepting (receipts after opening), lending, but need to Guarantee Corporation guarantee.
The second model is the buyer to pay the first payment, the bank lending (according to the buyer to the seller indicating pay loan), the seller received the full payment, then for the buyer to transfer procedures; the buyer to transfer procedures also for bank mortgage registration.In this mode, the bank faces greater risk, because the housing can transfer and mortgage registration can realize there are some uncertain factors, unless the buyer to provide additional security, such as Guarantee Corporation guarantee, banks will not choose second kinds of payment.
Two, the mortgage payment to purchase Xianfang mortgage (mortgage)
Because most of the sale of housing mortgage is the mode of payment, the seller sold the house itself is the purchase of mortgage loans, and the remaining mortgage loans not repaid, the mortgage of real estate transfer is also the consent of the mortgagee or the original loan bank agreed; and apply for a new mortgage, bank to a front the first payment mortgage.In this way, the purchase of housing mortgage loans to the mortgage problem, more complex.Here are two special program: one is the early repayment of bank loans, lift the debtor creditor relationship with banks, mortgage registration revoked; two is the buyer to apply for second-hand housing loans, the purchase of housing loans as collateral, mortgage registration.
Mortgage to buy mortgage housing generally requires the following steps:
1, the seller to the bank for the mortgage, the bank agreed to review, by the bank, the seller and the buyer signed the agreement, the bank agreed to the transfer of housing, the seller promised Shoufangkuan priority for repayment of bank loans and authorized the bank from its opened in the bank account directly deduct the outstanding principal and interest of the loan, the buyer promises transaction when will be credited to the opened in the bank account;
2, the seller and the buyer signed housing contract of assignment;
3, the buyer bank of new loans, loans for balance remaining loan seller, can also be computed according to the following publicity: loan amount = purchased housing market prices of second-hand housing loans into several X;
4, the bank after approval, to sign a new loan and mortgage contracts and the buyer, agreed to produce a letter of commitment loans;
5, the seller and the buyer for property transfer procedures;
6, the bank and the seller to real estate management department to cancel the mortgage registration procedures, at the same time, the new mortgage registration formalities with the buyer;
7, the bank loans to buyers, according to buyer's authorization, loans will be zoned to the seller to open an account, then according to the authorization, direct deduction of the seller does not repay the loan principal and interest from the account, the termination of the original loan contract.
In the mortgage transaction, as owners of housing is the housing mortgage, cannot make a two mortgage, hence the need to release the second loan, for the first loan to pay off the owners, for property transfer, and then apply for a mortgage loan again.Therefore, there may be a mortgage in the following risk: the seller by the buyer to pay off the loan, suddenly changed his mind, refused to transfer; the buyer loans to the banks refused to advance owing on the loan; loan; after the completion of the transaction the seller cannot smoothly into the remaining 1629; trading after the completion of the buyer can not nadaofangchanzheng.In reality, there are some different institutional arrangements, to reduce the risk of mortgage transactions in.
Three, mortgage: a variety of mortgage repayment scheme
Special mortgage housing assignment is required, before the first of their mortgage, in order to enter the new mortgage business.This process is known as "the foreclosure floor in practice".In reality, there may be the seller's own foreclosure floor, even the buyer purchase "help" the ransom, situation, but it is not customary.So there are all kinds of intermediary solution to the mortgage payment or "foreclosure floor" problem.
1, by the Guarantee Corporation foreclosure house guarantee
Guarantee Corporation foreclosure floor operation in two ways:
One is the guarantee way.To meet the following two conditions, the mortgage banks can loan to the buyer, and according to the buyer the seller indicating into account (generally limited to did not return loan amount, the excess into the seller account freeze).These two conditions: first, the buyer to apply for mortgage bank guarantee, through the mortgage bank approval; second, the Guarantee Corporation to the seller, the buyer and (buyer) mortgage bank signed four guarantee agreement, agreed to the buyer and seller of mortgage loans repayment of mortgage loans to provide guarantee for bank.
Another is the Guarantee Corporation pay.Guarantee corporation needs to use its own funds or through bank loans, to pay the seller under the mortgage bank loans, so the buyer mortgage banks can and the buyer signed mortgage contracts, loans in the mortgage registration, and according to the buyer payment instructions Guarantee Corporation advances.
In reality, the adoption of a more general guarantee mortgage.Either way, by the Guarantee Corporation responsible for the foreclosure floor, cancellation, transfer and mortgage procedures, customers need to pay only guarantee fee and a small amount of notarization and Chadang fee.
2, the housing conduit company foreclosure house guarantee
The procedures and formalities guarantees foreclosure floor design is relatively complex, many have the strength of the second-hand housing conduit company have introduced guarantees foreclosure floor service.The seller commissioned a conduit company to sell mortgage housing, the conduit company for the seller to repay the banks purchase loans, at the same time, the conduit company to help second-hand housing buyers for the purchase of second-hand housing loans, the conduit company from the second-hand housing new buyer to pay the purchase, the company after extraction for second-hand housing the original owners pay bank loan repayment.So, for the conduit company's intervention, the seller and the buyer and the bank successfully completed the whole process of the mortgage.
The following assumes a case, to illustrate the mortgage process intermediary operation.
Suppose that a has a loan of 270000 yuan of housing, the housing bank loans are not repaid 180000.Now a desire of the housing commissioned a conduit company to sell.Customer B to buy this house, the two sides signed housing contracts of sale by the conduit company, agree that the transaction of the house with the price of 300000 yuan.B pre paid 100000 yuan as the first payment of the purchase.Then, a trip to China Construction Bank for the "mortgage modification" procedures, which apply for early repayment.At the same time, guaranteed by the conduit company, B application in line with the 200000 yuan secondary housing mortgage loans.And then apply for bank lending to pay 180000 in advance, CCB for early owing on the loan mortgage.Followed by a conduit company for the bank loans for mortgage registration, then, will house property card to B, and the remaining 200000 B OK to apply for loans of 20000 yuan to a.
In actual operation, may require many parties involved and provide relevant proof, more complex.In this simple case, a need to pay off the remaining 180000 in the construction of housing mortgage loans, the transfer of property rights to housing.And the buyer B to apply for loans and bank lending can advance to a repaid their loans in a line, while a housing property transfer procedures have not yet completed.Under normal circumstances, the mortgage will realize smoothly, but in some cases, it may appear the following risk: A in the construction of the loan repaid by B, suddenly changed his mind, refused to transfer; B refused owing on the loan in advance; the bank refused to lend; after the completion of the transaction a couldn't get to the remaining.In the mortgage process, the parties must know the existence of these risks, should be cautious and process each link.