Selling the only home and then buying a house is whether it is a first house or a second house

1. Is selling the first house and buying it again considered a second house?

"Second suite" is the abbreviation of the second ordinary self-owned house, which refers to the housing loan house that is identified by the borrower's family (including the borrower, spouse and minor children) as a unit, and the per capita housing area of the borrower's family is higher than the local average, and the borrower's family applies for a housing loan again. The main methods for identifying the second suite are:

1. The first thing is to see whether there has been a loan, for those who have bought a house in full or borrowed money from relatives and friends to buy a house before, it will be regarded as the first housing loan when applying for a loan from the bank to buy a house; For those who have previously taken out a home loan, applying for a loan again will be considered as a second home.

2. Take the family as the unit, that is, you need to inquire about the loan purchase situation of yourself, your spouse and minor children in the personal credit information system, if any of them have a loan purchase record, you will also be regarded as a second home when you apply for a loan to buy a house.

3. Including provident fund loans and commercial personal housing loans. That is, if you have previously applied for a provident fund loan or a commercial personal housing loan, you will be regarded as a second home if you apply for a loan to buy a house again. However, if you have previously applied for other commercial personal loans such as personal commercial housing loans, personal comprehensive consumer loans, etc., the application for loans to purchase housing will be implemented in accordance with the first housing loan policy.

4. Including settled and outstanding loans. That is, for those who have a record of purchasing a housing loan, regardless of whether they have paid off or not, if they apply for a loan to purchase a house again, they will be regarded as a second home.

2. It does not belong to the second suite.

Subject to property registration. For households with household registration within the administrative area of the Municipality who already own one house, and non-resident households with household registration who can provide proof of individual income tax payment or social insurance payment for more than one year within the administrative area of the Municipality, the purchase of one house (including newly built commercial housing and second-hand housing) is limited to the purchase of one house in the five urban districts. For households with household registration in the city who already own two or more houses, non-residents with household registration in the city who own one or more houses, and non-residents who are unable to provide proof of tax payment or social insurance payment for more than one year in the city, the housing in the five urban districts will be suspended.

Whether buying a house after transferring a house under your name is the first house mainly depends on whether the first house is a loan.

The bank's criteria for determining the second house is "recognising the house and subscribing to the loan", that is, judging whether it is a second house based on the loan record and the house property registration record at the same time. Therefore, there are two situations for buying a house after the transfer of a house under your name:

After taking out a loan to buy a house, although the housing registration system cannot find the real estate record, the loan record can be found in the bank collection system, and then buying a house does not belong to the first house.

After buying a house in full, the transfer of ownership, the bank credit information system and the housing registration system can not find the record, and then buying a house belongs to the first house.

Not counting the second suite, counting the first suite.

Criteria for the recognition of the second suite:

1. I have bought a house in full and bought a house with a loan - the first set;

2. If you have bought more than two houses with a loan, and then sold them all, you can't find the property through the housing registration system, but you can find the loan record in the bank credit system, and then take out a loan to buy a house - the first set;

3. Husband and wife, one party uses a commercial loan to buy a house before marriage, and the other party uses a provident fund loan to buy a house before marriage, and the two want to take out a joint loan in the name of husband and wife after marriage. If the loan has been repaid, the banking financial institutions can flexibly grasp the loan interest rate and down payment ratio according to the borrower's solvency, credit status and other specific factors; If the loan is not paid off - more than two homes;

4. If you have taken out a loan to buy a house, the commercial loan has been settled, and then you can take out a loan to buy a house - the first set. If the loan is not settled, it will be counted as two sets;

5. I bought a house in full, and later sold it, and the housing registration system could not find the property, and then took out a loan to buy a house - the first set;

6. If the local housing registration system does not have the inquiry conditions for the time being, the bank shall conduct due diligence to verify that the buyer already has a house, and then take out a loan to buy the house - the first house;

7. There are two commercial loan records under the name of the individual, all of which have been paid off and can provide proof of two houses at the same time, in this case, when the loan is re-financed, it is counted as the first set;

8. There is a commercial loan under the name of the individual that has been paid off, and the other is a provident fund loan that has been paid off, and the application for a commercial loan to buy a house - the first set;

9. Husband and wife, one party has a house before marriage but no loan record, and the other party has a loan record before marriage but no real estate in his name, and applies for a loan for buying a house after marriage - the first set;

10. If there is a commercial loan record of two suites under the individual's name, one set has been paid off and the other has not been paid off, and the re-loan is recognized as more than two suites.

For households that take out a loan to purchase a second home, the down payment ratio of the loan shall not be less than 60%, and the interest rate of the loan shall not be lower than the benchmark interest rate.

Second home loan fees.

1. Down payment.

According to the bank's regulations, if the borrower applies for a second home loan, he or she needs to pay a down payment of not less than 60% of the purchased house**, and some regions require a down payment ratio of not less than 70% for the second home loan.

2. Interest. The interest on a second home loan is calculated based on the borrower's loan amount, loan term, loan interest rate, and repayment method. Among them, the level of loan interest rate directly affects the amount of mortgage interest expense.

3. Mortgage registration fee.

Customers who apply for a second home loan must agree to mortgage the house purchased under their name, and the borrower needs to pay a certain amount of mortgage registration fee when going through the mortgage registration procedures.

4. Notary fee.

When applying for a second home loan, you also need to pay a notary fee. When applying for a bank housing loan, the bank will entrust the notary department to certify the borrower's qualifications, and the borrower needs to pay the notary fee.

The identification of different places is different, generally such a set is counted, but this year some cities have implemented strict purchase restrictions, and those who have had a previous loan record are counted as two sets.

It should be counted as the first set, and the housing authority can check the current housing registration status of the family (husband and wife and minor children) in the city when accepting the transfer application.

1. Is it considered the first house to buy the second house after the first house is sold?

1. Whether the first house is sold and the second house is considered the first house is as follows:

1) The loan to buy a suite, the commercial loan has been settled, and the refinancing to buy a house is counted as the first set;

2) If the individual has a commercial loan record of two suites, one has been paid off and the other has not been paid off, and the re-loan is recognized as more than two suites;

3) If an individual has a house purchased in full under his name, and then takes out a loan to buy a house, but as long as he can find out that he has a house in his name in the housing property rights trading system, he will be recognized as a second house if he does not sell it and applies for a loan; If you have a loan to buy a house in your name, you will be counted as a second house if you take out a loan to buy a house after you settle it, and then apply for a mortgage.

2. Legal basis: Article 32 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

When real estate is transferred or mortgaged, the ownership of the house and the land use right within the scope occupied by the house are transferred and mortgaged at the same time.

Article 36.

For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.

2. What are the precautions for opening the first house?

The precautions for opening the first house certificate are as follows:

1. If it belongs to a rural household registration, then the first house certificate must also be issued a rural household registration;

2. The certificate of the first house must be issued by the housing management bureau at or above the county level, if it is a rural household registration, it can also be opened in the village committee, and then stamped by the relevant departments in the town, and finally it needs to be stamped in the county;

3. The first house certificate issued must have the organization of the housing management department where it is located, and there should also be the contact of the person who handles the first house certificate for you, and then the receiving department will check it.

If you can't find a house in your name in the real estate registration center system, buying it again is considered the first house.

Immovable property registration is a real right system established by the Property Law of the People's Republic of China, which refers to the fact that upon the application of the right holder or interested party, the relevant real estate rights and their changes are recorded in the real estate register by the full-time state department. As a means of publicity of real rights, immovable property registration is essentially a factual act that produces judicial effects, rather than an administrative act of the registration authority.

The Interim Regulations on Real Estate Registration came into force on 1 March 2015.

On January 21, 2016, China's Ministry of Land and Resources recently promulgated the Detailed Rules for the Implementation of the Interim Regulations on Real Estate Registration, which makes more detailed provisions on the registration of various immovable property rights, such as the registration of collective land ownership, the right to use state-owned construction land and the ownership of houses, the right to use homestead land and the registration of house ownership.

If you have the only house in your hand, sell it, and the loan has been settled, the person who buys the house will continue to be considered the first home. This means that the down payment is still 30%, and the CPF loan may be 20%, which will vary from region to region.

To put it bluntly, the current financial institution's determination of the first home is: when you apply for a mortgage, as long as you do not have a house in your name and there is no mortgage (the mortgage is paid off), it will be regarded as the first home.

There are many discounts for the first house, so there are some people who want to take advantage of the loopholes and use fake divorce to obtain the qualification for the first house, but there is a certain risk in doing so.

Selling your only home and then buying a house is not countedFirst home

The so-called "first home" must meet three conditions at the same time: the buyer is at least 18 years old; The house you buy is an ordinary house of 90 square meters and below (an ordinary house of 90 square meters and below is a preferential deed tax rate of 1%); The purchaser does not have a home in his or her name, either alone or in conjunction with others. However, this does not apply to houses purchased with parents, purchased in accordance with the housing reform policy, and obtained through inheritance or demolition and resettlement.

Precautions for buying your first home.

For first-time buyers, it is easy to be attracted by various offers from developers when looking at and choosing a house, such as "free area". As everyone knows, the "free area" is only a sales method for developers, and many of them cannot be cashed out when it comes to the actual delivery.

Even if it is cashed out, the so-called "free area" is actually by changing the patio and sealing the balcony.

Illegal areas are given away to buyers by adding partitions, and these "free areas" are illegal buildings.

There is a risk that the transaction may be restricted by the housing security department at any time, or the urban management department may come to the door and directly demolish it.

Sell your first house and buy a new houseFirst homeTo put it simply, if the transfer has been completed and the transfer has been completed, that is, there is no property in the name, then the house purchased with the second loan is the first home. If it has been sold but has not yet completed the transfer, it proves that the house is still in your name, and the house purchased again is a second home.

The term "first home" refers to the purchase and ownership of only one house (the same as the national criteria for determining the first home). Bank regulations, city dwellers.

Buying your first home is covered by preferential policies such as mortgage interest rates and minimum down payment ratios.

The so-called "first home" must meet three conditions at the same time:

The buyer is at least 18 years old. The house purchased is an ordinary house of 90 square meters and below (the deed tax of ordinary housing of 90 square meters and below can be reduced by 1%).

The buyer does not have a home in his or her name, either alone or in conjunction with others.

However, according to the housing reform.

Housing purchased with the policy with the parents and acquired through inheritance or demolition resettlement is not included.

Selling the only house and then buying a house is considered the first house, as long as I don't have a house in my name, the second house is the only house.

Sell your only house and buy a house. The house I bought is still the first home. As long as the real estate bureau does not record the real estate under its name, the purchase of the house belongs to the first house and enjoys the preferential real estate deed tax policy. Selling the house first and then buying the house is considered the first home. Buy a house first and then sell a house, which is considered a second house.

Sell the only house and then buy a house, count the first few sets to depend on the specific city's purchase restriction policy, some cities do not recognize the loan, some cities do not recognize the loan, so it depends on the purchase restriction policy of the city you want to buy a house, generally the only house in the city will be sold and then buy a house or the first house.

If you sell the only house, you will not have a property in your name, and if you buy another one, it will be considered the first home.

If you sell your first home and buy another one, it should still be your first home.

Your only house has been sold, and the formalities must be completed, then the house that is ushered in is not yours, and you want to buy another house, or it belongs to the first house, and the down payment for the first house is 30%.