Buy and sell second-hand houses! Can a mortgaged house be transferred without redemption?

Buy and sell second-hand houses! Can a mortgaged house be transferred without redemption?

Objectively analyze the first case of "mortgage transfer of foreclosed building" in Shenzhen. The traditional transaction process of foreclosure: the seller redeems the house by himself or agrees to the buyer to bear the foreclosure fee; ; Pay off the loan; Release from detention; Transfer; The buyer sets the mortgage again; Buyer's bank loan; The seller gets the rest of the house payment. Shenzhen's first mortgage-free building transfer process: both parties to the transaction and the mortgage bank sign a notarized deposit service agreement with the notary office; The buyer will supervise the purchase price in the special account of the notary office; The buyer applies to the bank for a house loan, and the bank issues a loan commitment letter; The mortgagee agrees to transfer the mortgaged property and cooperate with the formalities, and all parties to the transaction apply to the real estate registration department to directly transfer the property to the buyer's name without canceling the original mortgage; The notary office settles the funds and cancels the original mortgage; If the buyer has a loan, mortgage it to the buyer's loan bank.

On September 1, Shenzhen Pingshan Notary Office announced that the first case of "notarized deposit+foreclosed building transfer with mortgage" in Shenzhen had been successfully settled, which was a precedent in the second-hand housing market in Shenzhen. First of all, the foreclosure fee: at present, the foreclosure fee of Shenzhen market guarantee company is 16000 yuan per day. Woohoo, received the standard from Dongguan intermediary last week: "Guarantee fee: loan amount * 1.5% (minimum 8,000 yuan)." This is a lump sum fee calculated by project, not by day.

Let's analyze: this process involves the seller, the buyer, the original mortgage bank and the new mortgage bank in addition to the notary office that provides services.

For the seller, my down payment was supervised by the bank before I saw the commitment letter of the loan agreement. The mortgage fee was borne by the buyer, and I paid it in.

For the buyer: I will bear the original foreclosure fee, and who will bear the notarization service fee? The seller will also say "I paid for it". How much cheaper is the notarization fee than the redemption fee of 16 thousand? Can you reduce 1/3? Except for the down payment. You also need a loan to pay the balance. Is this equivalent to me getting a loan?

For the original mortgage bank: I don't care where your loan repayment funds come from, whether it is self-financing or company guarantee, apply 30 days in advance. In this case, I may not let you pay it back properly. If it is a new model, I will go through examination and approval, and then sign a tripartite agreement with the buyer, the seller and the notary office. Am I looking for a job for myself? The new model says, "the notary office pays directly to the creditor (mortgagee) to ensure that the creditor's rights can be paid off after the mortgage is cancelled." The original mortgage bank said that I also entrusted your notary office to give me the money after canceling the mortgage, but under the original model, the mortgagor (owner) paid back the money and I canceled the mortgage. Isn't it beautiful?

For the new mortgage banks, there seems to be little difference. Anyway, after the loan is approved, a letter of commitment will be issued. "5" on it. If the buyer has a loan, mortgage it to the buyer's loan bank. " It's a little strange. After analyzing four subjects, I want to say, where is the money? where is the money to come from? I'm not talking about the down payment. Not every buyer is a local tyrant, so it is estimated that the remaining money will be mortgaged to a new mortgage bank for lending after the property right is transferred to the buyer. Is the order of 4 and 5 upside down?

Is there a legal basis for this process? There are no legal obstacles to this, as follows: Article 406 of the Civil Code stipulates: "During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor. " The civil code allows the parties to agree otherwise, that is, the mortgage bank. In order to avoid troubles and risks, a strong agreement can be made in the mortgage contract, that is, the mortgagor shall not transfer the mortgaged property during the mortgage period. For another example, for children to go to school, a procedural housing lease is filed, and some mortgage banks are embarrassed. I don't believe how enthusiastically they will participate in this new model.

Back to the new mode of Pingshan mortgage transfer: I noticed the news report that "the transaction involves more than 40 million transaction funds for more than a dozen properties." Although I don't know the details of the transaction, it is definitely not a transaction with the general public. It is very likely that it is a good way to facilitate this transaction under the coordination of relevant departments. The cake has been cut and divided, and it is not easy to find stock business. We should praise the innovative consciousness of Pingshan Notary Office, which not only expands the business, but also deposits funds. As for whether it can be rolled up in the small list of the market and change the trading habits and formats of second-hand houses, I am holding a wait-and-see attitude at present.