What are the risks of foreclosure? What are the risks of foreclosure?

The main types of foreclosure risks are as follows.

1. The property right period of the house.

At present, the maximum term of residential property rights is 70 years, while many judicially auctioned houses have only 50 years or less of property rights left, and the tenure of property rights directly affects the value of the home.

2. The decoration status of the house.

Some foreclosure houses are auctioned for the current status of the house, while some auctions do not include interior decoration, such as this kind of foreclosure house that does not include interior decoration, and consumers have to bear a house decoration cost after purchase.

3. The occupancy status of the house.

After the auction of the property, it is found that the house is "occupied" when it is found that it cannot be cleared after the auction transaction, and some courts are responsible for clearing and delivering the property during the execution, while many courts are only responsible for assisting in the transfer procedures, and are not responsible for the clearance and delivery of the house. Therefore, before the auction, it is necessary to understand whether the house is vacant, whether it is inhabited by the person subject to enforcement, or whether it is inhabited by the creditor involved in the case or a person outside the case, so as to avoid unnecessary disputes.

Franco-Chinese pats specialize in real estate transfers.

Some foreclosure houses may be auctioned without delivery or in the presence of co-owners of property rights, or the former owner has not obtained the property right certificate at all, and it is necessary to see whether the contract is filed with the housing authority without obtaining the house ownership certificate. However, the issue of transfer of ownership is not within the scope of the court's auction management, and it is up to the buyer to resolve it on its own, and there may be a situation where the transfer of ownership cannot be made.

Secondly, it also depends on whether the property is mortgaged, and there may be a risk of debt repayment due to multiple mortgages.

I don't know if you have heard of the phrase "the sale does not break the lease", some judgment debtors maliciously sign long-term lease contracts ranging from 10 years and 20 years with others in order to avoid the house being auctioned, in this case, the buyer cannot ask the previous renter to move out as the owner of the house. If you know that someone lives in it during the ward round, you must determine the relationship between the occupant and the person subject to enforcement, and try to avoid this kind of house, otherwise it may lead to the situation that the house cannot be handed over and cannot be moved in.

The former owner of the house sells the house to someone else at the same time as the auction, and if the other party pays the price of the house in good faith, he checks in the house. In this case, the former homeowner generally refunds the purchase price in full and can only move in after the other homebuyer voluntarily moves out.

The buyer shall be responsible for the payment of taxes and fees, such as deed tax, personal income tax, arrears of water and electricity charges, property fees, unpaid land transfer fees and auction commissions. Among them, it is necessary to find out what the last transaction of the house or the original value of the property was, and be wary of whether the last transaction of the house was a "transfer of immediate family members" free pricing, otherwise 20% of the price difference will be a large amount.

Pay attention to whether the court entrusting the auction is the first-hand direct seizure of the house, or the person waiting for the seizure, and whether it is seized by other agencies.

It is necessary to pay attention to whether there are problems with the property rights and property rights of the auctioned houses, and whether there are unclear property rights, no property rights, small property rights, and joint property rights.

Foreclosure homeowners are often involved in debt issues, and the home may be mortgaged multiple times. If there is a mortgage, it is necessary to understand whether the mortgage can be released, if it cannot be released, it may face the corresponding debt repayment risk in the future, because all the subsequent costs of the foreclosure house are borne by the buyer. It is worth noting that since private loans cannot be known through inquiries from state agencies, the purchase of such houses may be pursued by other creditors after moving in.

The risks of buying a foreclosure property are as follows:

1. The risk of not being able to settle down.

The foreclosure house is a house auctioned by the court, and these houses are used by the court for auction due to the original owner's own reasons, and the foreclosure house has the original householder's household registration. The court legally transferred the house to the buyer through legal procedures such as auction confirmation and enforcement ruling, and the buyer obtained the property right of the house.

2. The identity risk of the original homeowner.

If the original owner of the foreclosure house is likely to be auctioned off because he is unable to repay his debts, if the original owner runs away due to debt problems, then you auction his house, and after moving in, it may be pursued by other creditors, and it is very troublesome to meet unreasonable people.

Usually, the court will not tell you the identity of the original owner and the specific reason for the forced auction, so this risk cannot be ignored.

3. The risk of not being able to move in immediately.

If there is a situation where the lease is in front and the mortgage is in the back, the original lease contract will continue to be valid after the auction is concluded. In practice, there are cases where the original owner deliberately signs the lease contract for a long time, even ten or twenty years, and if he buys this kind of foreclosure house with a lease contract, he will not be able to move in due to the existence of the tenant after the purchase.

4. The risk of retroactive payment.

If you don't notice the problems of the house when you see the house, you will find that the damage to the house is more serious after receiving the house, and you may need a lot of repair costs in the future.

In addition, if the original owner has mortgaged the property, all subsequent costs of the foreclosure will be borne by the purchaser.

1. Unclear property rights: First of all, it is necessary to confirm whether there are other creditors other than the first creditor, because private lending cannot be known through the inquiry of state agencies, if the original homeowner runs away due to debt problems, the bidder may be pursued by other creditors after moving in. Therefore, before bidding, it is important to find out whether the house has any debt problems, whether there are multiple mortgages, etc.

At the time of bidding, the court will not clearly tell the purchaser the background of the property and the specific reasons for the forced auction.

2. Housing defects: When auctioning the house, only a simple description of the defects is usually given, and other problems existing in the house, such as the murderous house or the quality problems that cannot be shown for the time being, are basically not indicated, so it is necessary to have friends who want to bid for the house to see the house on the spot. However, if the bidder makes a bidding decision, it means that he fully understands and accepts the current situation of the house and all possible problems, and the court is not responsible for the defects of the house.

3. Unclear costs: Since the foreclosure house will not announce the transactions before the auction, such as inherited houses, commercial houses, etc., and the taxes and fees involved in the transfer of some houses are very high, the buyer must be fully prepared before bidding. There is also the possibility that the original owner is in arrears of property fees, water and electricity fees, etc., which require the buyer to bear the arrears of the original owner.

4. There is a lease and cannot be occupied: At the beginning, there was no lease of the foreclosure house, and when the transfer of ownership, the tenant with a 10-year or 20-year lease contract suddenly appeared and refused to vacate the house. Or if there are elderly people and children in the house auctioned by the buyer, the buyer will not be able to move in in this case.

Of course, the purchaser should not expect the enforcement court to help him vacate the house.

Now to buy a legal auction house, you have to check whether there are multiple creditor's rights, multiple mortgages, and multiple seizures. Whether there is a malicious lease. Whether there is a high amount of arrears.

Whether the household registration is easy to move in is difficult. Whether there are hidden problems such as sky-high transfer of individual income tax. If there is a problem, it may be difficult to move in and vacate the house after buying.

Clause. 1. Long creditor's rights, multiple mortgages, and multi-party seizure;

Many owners (persons subject to execution) of "foreclosure houses" often have multiple debts or even become insolvent, otherwise they will not fall to the point where the property is forced to be auctioned. For example, if he has debts in Changsha, his house will be seized by the court in Changsha, and he will also have debts in Zhuzhou, which may be seized by the court in Zhuzhou; In addition, he may also have private lending and usury, and this kind of individual-to-individual debt relationship is the most difficult to clarify.

Although theoretically legally, the ownership of the house belongs to you, and you can also call the police to deal with this kind of harassment, but this kind of reminder of the fearful living experience, I am afraid that few ordinary people can accept it.

Clause. 2. Malicious leasing, easy to auction and difficult to deliver.

It's okay to buy a blank or a vacant house, but if there are still people living in it, it needs to be cleared before it can be delivered. In many judicial auction announcements, it is clearly written that "the court is not responsible for clearing and delivering (vacating the house)"; Even if the court promised to take responsibility for vacating the house, it would be difficult.

Clause. 3. The relevant arrears shall be paid by the buyer.

The particularity of the "foreclosure house" tax is that the taxes and fees of the transfer and the transferee are borne by the buyer alone, so as to buy a second-hand house, you have to understand whether the house is "full of 5 unique", otherwise in addition to the deed tax, you have to pay individual income tax;

In addition, the buyer shall be responsible for the arrears of property fees, water and electricity bills, gas bills, broadband fees, cable fees and other arrears owed by the former owner of the house.

Clause. Fourth, it is difficult to move in with household registration, and the school district is not guaranteed.

Now, unless an agreement is reached, there is no provision in the law that can force the transfer of hukou, which you will not be able to enjoy if the original owner's hukou is occupied, especially in some school districts.

Clause. Fifth, the hidden sky-high transfer tax.

If the property has been previously traded as a "gift or inheritance between immediate family members who are not husband and wife", then the second transfer will incur a 20% personal income tax!

These are the disadvantages of the advantages of foreclosure houses, so you must investigate the information of ** when buying foreclosure houses. If you want to know the information of the foreclosure house, you can go to some channels** to inquire, such as logging in to China Judicial Auction** for inquiry, as well as foreclosure houses** (Ali Auction, Jingdong Auction, Hunan Auction Network) and so on.

Hello, I am happy to serve you, the specific risks are as follows: the risk of unclear property rights, the risk of house defects, the risk of unclear costs, and the risk of not being able to move in with a lease. It is necessary to pay attention to the issue of the housing registration, the identity of the original owner, and whether you need to pay back fees.

Question: How many mortgages are given to different banks?

Is there a purchase restriction in Chengdu Wenjiang legal auction house?

Answer: Hello, Chengdu legal auction house is not limited to purchase, the law stipulates that the ownership of the judicial auction house will be transferred from the time of delivery to the buyer after the court ruling, and the real estate registration is only to assist in the execution of the act, and will not have an impact on the change of property rights, so it is not affected by the purchase restriction policy, and the property right transfer assistance enforcement unit must cooperate with the relevant procedures.

What does the question mean: does the mortgage to three banks at the same time not affect the transfer?

Question: Is the court auction a lawsuit filed by three banks together? Or is it a monad? Will it be filmed, and other banks will sue again?

First, the nature of property rights.

The apartment does not have a degree, and I originally bought a house for my children to go to school, but it turned out that I couldn't go to school when I bought an apartment. There are also incomplete property rights, only 50% of the property rights, and it is difficult to use the house.

Second: the owner of the house.

This mainly involves the tax issue of the house, and the general property owner is an individual, and the tax is normal; Some are company property rights and are subject to high VAT.

Third: Leases.

There are normal leases and long-term leases, and normal leases are generally easier to handle, and the tenants can basically recover certain compensation. However, if it is a long-term bad faith lease, it is generally signed by the debtor against enforcement, and the clearance is more complicated.

Fourth: debtor confrontation.

Due to its particularity, the foreclosure house is not the debtor's subjective will to go to the ** house, and most of the houses are the only residence of the debtor's own family, and violent confrontation is not uncommon.

At present, some ** public courts are responsible for clearing the site, but the cycle is longer; If there is no public notice that the court is responsible for clearance, the court is not responsible for clearance.

Therefore, if you don't know much about foreclosure or have a shallow understanding, you must be cautious when buying foreclosure or find a special agency to provide services.

1. The delivery may not be smooth.

2. There may be high taxes and fees.

3. There may be arrears of utility bills and property fees.

4. Some houses may have defects.

5. Some houses may not be able to get a loan.

6. Settlement issues.

1. The risk of not being able to settle down. When the foreclosure house is in **, the original owner's household registration may not have moved out, and the buyer may not be able to settle down after purchasing the foreclosure house.

2. The risk of not being able to move in immediately. Because there may be a situation where the foreclosure house is leased first and mortgaged later.

The current advice is that if you look at the auction house, you must do a comprehensive investigation and choose a foreclosure house with a real estate certificate and two years old**, so that you can save a lot of taxes. If you have not applied for a personal real estate certificate or have not yet applied for two years, you can also choose if the transaction price can be discounted by 7% of the market price.

The disadvantages of foreclosure houses mainly include the following aspects: unclear property rights, defective houses, unclear costs, inability to move in due to leases, the original owner does not leave the house, there are problems of arrears, lease problems, debt risks, risks of establishing a right of residence in the house, unclear costs, and risks of vacating the house1. Before bidding, buyers need to understand the background of the house and the specific reasons for the forced auction, as well as the problems and quality problems of the house; Answer: It is also necessary to pay attention to the nature of the property, debt risk, lease risk, cost issues, etc.

In addition, there may also be problems such as the original owner not leaving the house, arrears, lease, the risk of establishing a right of residence, and the risk of vacating the house, which requires the buyer Li Hao to make full preparations and investigations before bidding.