Question 5 about the change of name of the title deed and the land deed

The main thing is that you and your brother have to do a good job in this level, so that there will be no problems in the future, you negotiate with your brother, and the following things will be easy to do.

First of all, you have to negotiate with your brother, because both houses are in his name, and he has agreed to give them to you!

Second, you apply for a loan to buy the house you live in now, that is, the house you live in from your brother.

Third, you apply for a loan, but you don't really have to make a down payment, just ask your brother to cooperate.

Fourth, find someone to borrow money to repay it, the loan for the house you want to buy, or borrow it from a company.

Fifth, transfer the house to your name, and the bank will give your brother the loan you applied for, and your brother will repay the money borrowed before and release the mortgage!

Sixth, you can pay the monthly payment after that.

You can negotiate with your brother, and then go to the relevant department to change the registration.

yuanyuan2727 is already very detailed, you can refer to his answer.

Legal analysis: The name of the land certificate can be changed.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Sixth change of land ownership, use rights, due to the transfer of above-ground buildings, structures and other attachments resulting in the transfer of land use rights, must be submitted to the land at or above the county level of the people's ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law for land ownership, right to use change registration. The change of land ownership and use right shall take effect from the date of registration of the change.

Change of land use in accordance with the law, must hold the approval documents, to the land at or above the county level of the people's ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law to change the registration.

After the name of the enterprise is changed, it is necessary to fill in the change registration form and pay the production cost of the new certificate with the new business license and the industrial and commercial name change certificate to the Land Bureau and the Real Estate Bureau for name change registration. Because no transaction takes place, there is no need to pay taxes.

A legal person needs to use the enterprise name when participating in civil activities as a civil entity, such as signing contracts and mortgaging payments. The name of the enterprise can only be obtained after approval and registration. The general principles of the civil law confuse the essential difference between personal rights and property rights by comparing the right to the name of a legal person as a personal right with the right to the name of an individual industrial and commercial household as a property right, and both of them are allowed to be transferred.

Legal analysis: To change the name of the land certificate, the application for land registration, the applicant's identity certificate, the original "Land Use Certificate" and the supporting materials for the change of name and address in accordance with the law shall be submitted. Land owned by peasant collectives, by the landowner to the land at the county level of the people's land administrative departments at the county level to apply for land registration, by the county-level people's registration register, issued a collective land ownership certificate, confirm ownership.

If the land owned by the peasant collective is used for non-agricultural construction in accordance with the law, the land user shall submit an application for land registration to the county-level people's land administrative department where the land is located, and the county-level people's land shall register and issue a certificate of collective land use right to confirm the right to use construction land. The people of cities divided into districts may implement unified registration of the land owned by the peasant collectives within the municipal jurisdiction. Zheng Brigade.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 502: Where a people's court needs to go through formalities for the transfer of property rights certificates and licenses such as real estate certificates, land certificates, forest rights certificates, patent certificates, trademark certificates, and vehicle and vessel licenses in the course of enforcement, it may do so in accordance with article 251 of the Civil Procedure Law.

Civil Procedure Law of the People's Republic of China Article 251 In the course of enforcement, if it is necessary to go through the formalities for the transfer of relevant property rights certificates and licenses, the people's court may issue a notice of assistance in enforcement to the relevant units, and the relevant units must handle it.

1. What are the procedures for changing the name of the land use certificate?

1) According to the provisions of the "Land Registration Measures", it is necessary to first apply to the village committee, and after providing relevant materials, it can be reported to the land and resources department with jurisdiction to handle the land certificate, which is the land owner or land user enjoys the ownership or use right of the landLegal basis

2) The name change shall be submitted to the land registration application, the applicant's identity certificate, the original "land use certificate" and the proof of the change of name and address according to law. If a natural person changes his or her name, he or she shall provide the certification materials issued by the public security department where the first person is registered, and when applying for a land certificate, a new property right certificate can only be handled, and the required information is:

1. Original land use certificate (original).

2. The original and copy of the new property right certificate, ID card.

3. Housing sales contract (copy).

4. Housing deed tax and transfer fee invoice (copy).

5. ID card or household registration book (copy).

6. Parcel map.

3) If the name of the enterprise legal person is changed, the certificate of approval of the name change issued by the administrative department for industry and commerce shall be provided, and if it involves a state-owned enterprise, it shall also submit the certification materials approved by the state-owned asset management department, and if it involves a collective enterprise, it shall also submit the certification materials of the management department at a higher level; Where the name of the legal person of an association is changed, the supporting materials issued by the civil affairs department shall be provided; If the address is changed, the certification materials issued by the civil affairs department shall be provided.

2. How to change the name of the land certificate.

The process of changing the name and transferring the land certificate is the same, and the real estate certificate corresponding to the land certificate must be transferred or renamed first, and then the transfer or name change of the land certificate should be handled.

1) Application for land registration;

B) cadastral survey;

C) ownership review, approval documents for the use of land at all levels, land use right transfer contracts and valid certification documents;

4) Registration;

E) the issuance or replacement of land certificates;

F) the materials are complete, after cadastral survey, ownership review to meet the conditions of the issuance of standards: the initial registration from the date of acceptance of the application within 60 days to complete; The registration of change of land ownership and use right shall be completed within 30 days from the date of acceptance of the application; The registration of other land rights and the registration of changes shall be completed within 15 days from the date of acceptance of the application.

The name of the land certificate can be repented and changed. According to the "Land Registration Measures", land registration shall be jointly applied for by the parties, but in any of the following circumstances, the application may be made unilaterally:

1) General land registration; (B) the State-owned land use right, collective land ownership, collective land use right initial registration; (3) Registration of land rights acquired by inheritance or bequest; (D) the registration of land rights obtained by the people's decision to settle land ownership disputes that have taken legal effect; (5) The registration of land rights obtained by the people's courts and arbitration institutions as a result of legal documents that have taken legal effect; (6) Correction of registration or registration of objections; (7) Registering a change in name, address, or use; (H) the reissuance or renewal of land rights certificates; (9) Other circumstances where a unilateral application may be made by a party in accordance with provisions. So let's extend this question to the following: the following conditions must be met to change the name:

1. The new head of household has the capacity for civil conduct; 2. The new head of household is a local agricultural household; 3. Transferring or exchanging contracted land in accordance with the law, and there is no dispute over ownership; 4. The original head of the household dies, and the family members have the same opinion on the nomination, and there is no dispute. That's all for the lawyer to answer your questions.

1) According to the provisions of the "Land Registration Measures", it is first necessary to apply to the village committee, and after providing relevant materials, it can be reported to the land and resources department with jurisdiction to handle it, and the land certificate is the legal basis for the landowner or the user of the land to enjoy the ownership or use right of land. (2) The name change shall be submitted with the application form for land registration and town allocation, the applicant's identity certificate, the original "Land Use Certificate" and the supporting materials for the change of name and address in accordance with the law. If a natural person changes his or her name, he or she shall provide the certification materials issued by the public security department of the place of household registration, and when applying for a land certificate, a new property right certificate can only be handled, and the materials required are:

1. The original land use certificate Kaihe (original) 2. The original and copy of the new property right certificate, ID card 3. The house sales contract (copy) 4. The house deed tax and the invoice for the transfer fee (copy) 5. ID card or household registration book (copy) 6. Parcel map. (3) If the name of the enterprise legal person is changed, the certificate of approval of the name change issued by the administrative department for industry and commerce shall be provided, and if it involves a state-owned enterprise, it shall also submit the certification materials approved by the state-owned assets management department, and if it involves a collective enterprise, it shall also submit the certification materials of the higher-level management department; Where the name of the legal person of an association is changed, the supporting materials issued by the civil affairs department shall be provided; If the address is changed, the certification materials issued by the civil affairs department shall be provided. The time of transfer of the land use certificate should be analyzed according to the actual situation, and the specific situation should be consulted by the land department by the parties themselves.

If the two parties only sign the transfer agreement and pay the transfer price, but there is no transfer, then the name registered on the land use certificate shall prevail.