26 Jul 2008

Housing arrears Ze transaction counsel to you Zhizhao

It is understood that the mortgage loan to buy commercial housing has become the primary way to buy commercial houses, so now the City has not repaid a large number of mortgage loans in the secondary market transactions. The purchase of such housing in general, by first home buyers to pay developers not less than 20 percent of the total Fangkuan Fangkuan, and the lending banks also signed a mortgage contract, to purchase loans from banks to pay the remaining The Fangkuan, and the buyers will use the purchased housing as collateral, arranging to repay bank loans.






According to the World of Yunnan law firm of Li Zhijie, Yang Wenquan lawyers, through the purchase of housing by the way, although buyers have made the ownership of housing, as home ownership, but at this time due to set up a housing mortgage, in the absence of Fully repay bank mortgage loans, home ownership is subject to certain restrictions, according to China's "security law" and "personal loan management methods", to the transfer of housing mortgages, the banks agreed to go through, without a bank agrees not to Transfer. Li lawyer said that if the mortgage loans during the housing owners to the transfer of the banking house purchase mortgage loans, either through banks usually agree, or the eradication of mortgage loans are repaid the mortgage bank. Concrete can take the following three ways.

One way to pay the seller Fangkuan

Housing buyers and sellers can be discussed by the Housing owners that the seller, ahead of the banks repaid all principal and interest loans, housing mortgages from mortgage registration cancel the registration. At this point, the banks no longer have the right to housing mortgages, housing is not able any restrictions on ownership, home ownership can in accordance with their own free will of the sale of housing, the Housing Authority can buyers and sellers of housing in general completed the sale of housing transactions.

Risk Analysis: such transfers, to buy a house, who is more security, home ownership without a mortgage banking restrictions, and the banks will not be in dispute, but the seller a certain risk, such as the seller after the bank loans repaid ahead of schedule , The buyer does not purchase the break room, which will bring funds to the seller and the loss of pressure, and if the seller's inability to advance repaid all principal and interest of bank loans, which transfer method can not be achieved.

The method of payment to the buyer Fangkuan

Housing consultations buyers and sellers, will be paid by the buyer to the home ownership part of the purchase of home ownership for the early payment of principal and interest of bank mortgage loans, the mortgage bank to achieve the eradication of the right to make home ownership unrestricted, free Transfer. This means the transfer of direct use of the seller, the buyer's purchase, no longer need to raise funds for the bank to repay the principal and interest mortgage loans, the seller is more favorable.

Risk Analysis: For the buyer of such transfer mode There is a certain risk transactions, in use for the purchase of housing ownership of the banks were repaid principal and interest mortgage loans, home ownership is no longer restricted be free to transfer. At this point, if the seller neglect credibility, once again the transfer of others. The buyer can not obtain housing ownership, to recover the purchase of pay, but also for some twists and turns. In such a mode of transfer, the buyer in order to guard against the risk of such transactions, should the two sides can choose a trusted third party: If a reputable intermediary companies, law firms or other security agencies, overall control of every aspect of elimination Since the two sides distrust or lack of integrity of the seller and may lead to the transaction risk.

Three ways to deal with the transfer of mortgage procedures

By the Housing trading of mutual bank to the mortgage application process, the seller, the buyer and the banks between the three parties reached a mortgage contract transfer agreement, the ownership of the original housing the bank mortgage loan repayment and interest payments and other rights and obligations together Transfer to buy a house, through changes to mortgage registration, will be secured from the seller to buy a house for the change. In fact the bank agreed to the transfer of housing mortgage loans purchased the purpose.

Risk Analysis: The approach has the advantage of the buyers and sellers are relatively safe, but also for not afford to purchase a one-time payment of the buyer can also receive bank loans. Drawback is that because of the banking, housing the buyer and seller constituents, so for a relatively complex procedures, a long time, but also whether the buyer has encountered a bank loan conditions, such as the buyer's age, ability to repay the loan principal and interest, etc. Restrictions.

No comments: