Auction of 20 million school district houses! What pitfalls should be avoided in foreclosure houses?

Recently, many friends are interested in foreclosure houses, but they don't know the details:

1. The process of buying a foreclosure house:

1) The bidder shall pay a deposit to the people's court. The amount of the margin is generally not less than 5% of the appraisal price or market price. (2) The bidder shall go through the bidding procedures at the auction agency with the bank receipt and the financial receipt voucher of the people's court; If the number of people who pay the deposit is less than two, the auction shall not be held; After the auction is concluded, the deposit paid by the buyer shall be used to offset the price, and the deposit paid by the other bidders shall be refunded within three working days.

3) After the auction is concluded, the auction institution shall prepare the auction transaction confirmation and auction report. The auction transaction confirmation shall be strictly implemented in accordance with the agreement or the law on the payment time and the delivery of the auctioned property. The auction report shall include details such as auction announcements, auction instructions, bidding conditions, auction results, transaction confirmations, auction records, etc., and relevant copies.

4) The auction institution shall, within three working days after the auction is concluded, hand over the auction transaction confirmation, auction report and related materials to the people's court entrusted management department, and the external entrusted management department shall transfer the auction transaction confirmation, auction report and related materials to the business department within three working days after receiving the auction transaction confirmation and auction report. (5) After the auction is concluded, the buyer shall, within the time limit prescribed by the people's court, remit all the price to the designated account. (6) Payment of commissions to auction agencies.

The commission includes the actual expenses incurred by the staff in the preliminary investigation, seeking customers, organizing the auction, etc., and the auction agency will not charge other fees. (7) After the buyer has paid the price in full, the business department shall prepare a ruling within 10 working days and deliver it to the buyer, and go through the delivery procedures for the auctioned property within 15 working days after the award is served. At this point, the process of a set of auctions is completed.

To sum up, the main process is: to obtain the auction information auction registration, pay the deposit, obtain the bidder qualification, participate in the auction, close the deal, pay the house price, apply for the property right certificate, and hand over the house.

2. The tax deed tax that needs to be paid to buy the auction property: there are taxes and property arrears, and there is no more!

There is only deed tax for commercial housing in Beijing:

Deed Tax: The first set: 1% below 90 square meters, above 90 square meters and stamp duty.

The second set: 3% deed tax and stamp duty.

Business: 3% deed tax and stamp duty.

If it is an affordable housing or a central production house, you need to pay more land transfer fees and comprehensive land premiums.

Be sure to verify the nature of the property before the auction.

If you feel troublesome, you can look at the whale auction network, all legal auction houses have it, and all risks are publicized.

Hope this helps!!

3. Materials required for the purchase of the house auctioned by the court: 1, confirmation of the auction transaction 2, publication of the newspaper 3, copy of the business license of the auction house 4, copy of the legal person ID card of the auction house 5, proof of identity of the legal person 6, power of attorney of the legal person 7, copy of the auction power of attorney entrusted by the court to the auction house (2 copies) 8, notice of assistance in execution 9, and ID card of the buyer.

There are 4 major pitfalls in foreclosure houses: 1. Many foreclosure houses cannot be loaned, or the down payment is urgent; 2. The debt relationship is complex; 3. It is difficult to collect the house, and the foreclosure house may already have residents moving in; 4. If the original owner does not cooperate with the procedures for moving out of the hukou, the hukou moving in will be affected.

1. It is easy to get into other creditor's rights disputes. Some houses may have other creditors, such as being mortgaged or selling more than one house. 2. Secondly, it is inconvenient for buyers to see the house, and the court usually only briefly describes the obvious defects, and it is likely to encounter defective properties, and all taxes and fees must be borne by the buyer.

3. Article 1 of the Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts clearly stipulates that in the enforcement procedure, after the property of the person subject to enforcement is sealed, seized or frozen, the people's court shall promptly conduct the auction, sale or take other enforcement measures. 4. After the judicial auction house auction fails, there will be two auctions, if it is three failed auctions, then it can only be sold, at this time, if the transaction can not be completed, you can only choose to pay off the debt with the house.

Advantages:

1. The property rights of the auctioned houses are clear, and there will be no problems with the transfer;

2. The auction is more reasonable, such as the starting price of some houses is only 70% to 80% of the market price, and the transaction can be completed if the starting price is exceeded.

3. The intermediate fee is low, the second-hand house has to pay the intermediary fee, the judicial auction is zero commission, and now the second-hand houses that can be bought with normal transfer are past the two-year sales restriction period.

Drawbacks and need to pay attention:

1. It is not easy to obtain loan support from banks, because auction houses and courts generally require full payment;

2. The taxes and fees involved in the transfer are generally required to be borne by the buyer, which may involve business tax, individual income tax, deed tax, stamp duty and land value-added tax, etc.;

3. There is likely to be someone else's account in the house, and the buyer is generally required to deal with it himself;

4. It is possible that the original landlord will occupy the house, which will bring certain risks to the buyer.

Lishi: As long as there is a real estate certificate, a new real estate certificate can be issued after the auction is concluded, that is, the property with clear property rights.

The disadvantages are: 1. The auction transaction price cannot be controlled.

2. The real estate transfer fee should be clearly understood by yourself. In addition to taxes and fees, there are also arrears of water, electricity, gas, management, etc.

3. High auction commission. Generally, it is charged at 5% of the total price of the property.

4. You can only see the room once at the specified time.

Hello, first, the identity risk of the original homeowner.

The foreclosure house is basically auctioned because the debtor is unable to repay the debt, if the original owner of the house is reliable, but the temporary capital turnover is not effective, it is more worry-free.

However, at present, China's private loans cannot be queried through state agencies, if the original owner runs away due to debt problems, then you take a picture of his house, and after moving in, it may be pursued by other creditors, and it is very troublesome to encounter unreasonable people. Under normal circumstances, the court will not tell you the identity and background of the original owner and the specific reason for the forced auction of the house, so this risk cannot be ignored.

Second, the risk of not being able to settle down.

In many cases, there is the original head of the household settled on the foreclosure house. 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.

However, if the original owner is unwilling to move out, the court does not have the right to force him to move out. So if you buy a foreclosure house, there is a possibility that the hukou will not be able to settle down, and the inability to settle the hukou means that the children's education and other problems cannot be solved.

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

If there is a situation where the lease comes first and the mortgage comes later, 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 a long lease contract, even 10 or 20 years, and if he buys such a foreclosure house with a lease contract, he will not be able to move in due to the existence of the tenant after the purchase.

There are even some foreclosure houses that were said to be leased at first, but after the auction, a lease contract suddenly pops up or someone lives in it and refuses to vacate the house. Under normal circumstances, the enforcing court will not force the vacancy, and the buyer will also need to file a separate civil case to deal with it, which will be very troublesome.

Fourth, the risk of back payment.

1. Check it out on the spot.

When buying an auction house, be sure to go to the site in advance to find out whether the auction house is in arrears of property fees, heating fees, water and electricity bills, etc. If some properties have been unoccupied for a long time and have been in arrears for a long time, this is a lot of money.

If the damage to the home is severe, it may require significant repair costs in the future. In addition, some foreclosure houses may not be able to be inspected on site for various reasons, which is a certain risk.

2. Check whether it is mortgaged.

The foreclosure property may be mortgaged multiple times due to the owner's debt problems, and all subsequent costs of the foreclosure property will be borne by the purchaser. If there is a mortgage, it is necessary to understand whether it can be released, otherwise you may face the risk of debt repayment.

3. Prepay the deposit.

Bidders are usually required to pay a deposit in advance before a court auction, the amount of which is determined by the court or the auction executor, but is usually not less than 5% of the appraisal price or market price. That is to say, if you want to auction a house worth 5 million, you first have to prepare a deposit of hundreds of thousands. If the auction is unsuccessful, you can apply for a refund of the deposit.

4. High taxes and fees.

Foreclosure houses also need to pay taxes, and the court will generally issue relevant documents and materials, which can be exempted from VAT. If the court is unable to produce the documents, the buyer may have to bear higher taxes and fees, resulting in a final transaction price higher than the market price.

Those who know foreclosure know that the biggest risk of foreclosure is the "risk of liquidation".

Clearance risk: refers to the risk that the buyer will not be able to move into the house normally due to various reasons after purchasing the foreclosure property.

The "clearance risk" may be so

Due to the problem of court verification, the ** that should not have flowed into the auction was auctioned, so that the buyer could not move in.

It could also be so

Because the person subject to execution, that is, the original landlord, is old and sick and unwilling to cooperate, even if the house is auctioned, he still has to rely on it. However, the court is only responsible for the transfer of property rights, not the eviction, so the buyer can only stare dryly and wait until the original landlord moves out himself.

More likely

After the auction was successful, the property demanded an increase in the strata fee to make up for the losses caused to the developer by the court's low auction price, and refused to go through the formalities for them to move in. Only after paying the money will the property owner go through the property formalities.

Of course, there are more risks. Since the court announcement clearly pointed out that the court is not responsible for the removal of the house, the buyer cannot move in after the house is sold, and it is often obstructed by various reasons. According to the survey data of Henan Zheng Auction, about 15% of the foreclosure houses in the country have "clearance risks" due to various reasons after the transaction.

And these problems will occur because they did not investigate the situation in advance, so they blindly went to the auction.

I bought a house on the court auction website in 18 years, and the bumpy road before and after, not to mention.

First of all, choose a room. I also looked at a lot of house types and locations, and the property auctioned by the court must be much lower than the market price. The first case is that after I looked at a property of about 120 square meters, I was just ready to start, and my family said that I would buy a big one in one step, so I took the time to look at the house again, and this time I saw a property of about 141 square meters, and the house type or anything didn't say.

I won't mention anything else that doesn't matter. I will tell you about my experience based on these two sets.

Case 1: The property was auctioned by the court because of the money owed, everything went well in the early stage, and when you moved in, someone always knocked on your door in the middle of the night, saying that the house was his, and asked you to give him money. Finally, it was found that the original owner of the house was a drug addict.

I also listened to what others said, so I was extra careful when I bought it myself:

Hands-on case 1:

I chose 120 square meters and 140 square meters in the same courtyard, Zone 1 or Zone 5.

120 square meters, the child at home is a high school student, or a junior high school student can't remember, because of a dispute with his mother, he killed his own mother at home (maybe he missed), and because of fear, he hid his mother in the cabinet! After the father came back and found that his wife was missing, he called the police, and after about 3 days, he smelled the stench and found his wife in the closet.

This is also what I heard from the neighbors at the gate of the courtyard after I bought a 140-square-meter house. Later, I saw the Executive Bureau of the Lakeside District Court auction, Director Hu, and I asked him if there was such a thing, and he nodded silently. I was in that mood at the time, I really wanted to smoke him, isn't this an obvious cheat?

The house is still being sold. Looking back now, there was a Guan Gong directly opposite the entrance door as soon as I entered the door, and there were electric candles, which was a bit eerie to think about.

Personal experience two: 140 square meters house,

The first time I bought a house, I bought it online. And it's also a court auction house.

I bought a house seized by the court, the lawsuit was issued for more than four years, the first instance and the second instance, the lawyer's fee court spent nearly 400,000 yuan, mainly all kinds of painstaking efforts, and finally although I won the lawsuit, I still have to go to the court to ask for enforcement, I am really haggard, the only feeling is that you must not touch the house related to the court.

If there is no channel that allows you to have a detailed understanding of this house, then you really don't have to think about it, because generally this kind of house has such and such problems, and some of them are inextricably linked and cannot be sorted out, so you must be cautious.

It's very simple, the house of legal disputes, although the case has nothing to do with you, but it is also easy to be angry, and it is best not to go to the troubled waters, a bunch of trouble. It is very common for an employee to sue for unpaid wages, the boss arranges for personnel to settle it, the employee beats the personnel, the personnel hires a lawyer, the lawyer is beaten again, the salary arrears, the employee fights with the personnel, and the employee fights with the lawyer. In short, get less involved in disputes.