How to release the mortgage and transfer the house with a second mortgage

The money secured by the loan is repaid first, and then the transaction can be transferred normally, and the money will be very high, usually you have to find an intermediary to help deal with it, and you have to pay some intermediary fees. There are some risks associated with buying a house that has been released from a second mortgage, so it is advisable to buy it with caution.

Legal analysis: 1. First of all, the borrower needs to settle the loan, and after the borrower settles the mortgage, he or she should go to the provident fund center to issue the "Notice on Canceling the Mortgage of Housing Property Rights" with the loan settlement notice issued by the bank. 2. The second is to receive other rights certificates, and the borrower can go to the provident fund center to receive other housing rights certificates and release notices with valid ID cards and release procedures.

3. Finally, it is necessary to go through the procedures for releasing the mortgage, and the borrower shall go through the procedures for the release of the real estate with his valid ID card, other rights certificates, real estate certificates, repayment certificates and other materials.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the family of Guosun Hongzhong in accordance with the law may not be registered.

To apply for a second mortgage, you need to meet the following conditions:

1. Requirements for mortgaged property

1. The mortgage loan of the real estate should be the existing house, and the off-plan house that is being repaid cannot be mortgaged. Off-plan housing generally refers to houses that are under construction, have not yet been completed, and cannot be delivered; That is, the commercial housing during the period from the time the developer obtains the pre-sale license of the commercial housing to the time when the developer obtains the real estate right certificate (large property certificate) is called off-plan. In the second-hand housing that repays the loan, as long as the conditions are met, you can also apply for a mortgage loan.

2. The bank requires a minimum mortgage period of 2 years. That is, the borrower bought the house 2 years ago, otherwise the loan amount is very small, so it is meaningless.

2. The applicant must have a business license and reasonable use

To apply for a second mortgage loan, first of all, the applicant or related party is a business owner or self-employed person, and needs to hold a business license, and the duration of the business license is required to be more than half a year, and some banks require at least one year.

The second mortgage loan is an operating loan launched by the bank, which is only used for enterprises or self-employed businesses, and the inflow into the property market is a violation. To ensure that money is spent wisely, banks have set thresholds on many fronts.

3. Preferential choice of banks

Some banks can provide a second mortgage loan for the house that is being repaid, some banks require the mortgage and "second mortgage" to be handled in their own bank, and some banks may not provide related loan services. So, if you want to mortgage a house that is being repaid, you need to find a suitable financial institution.

Can I close a house with a second mortgage? How do I do it? Here are 5 points to keep in mind.

1. The identity certificate of the mortgagor and the mortgagee, household registration book, etc.;

2. Proof of the first mortgagee's consent to re-mortgage;

3. Housing ownership certificate and other mortgage materials;

4. The mortgagor and the mortgagee shall sign the mortgage contract and notarize it.

Sign the mortgage contract, go through the mortgage registration procedures, and inform the original mortgage bank. The time for mortgage registration shall be in accordance with the regulations of the housing management bureau of each district and county. First of all, you must have the original house ownership certificate in your hand, and then apply for mortgage registration at the district and county housing management bureau with the signed mortgage contract.

Legal analysis: First of all, after paying off the mortgage loan of the house, go to the bank to obtain the certificate of repayment of the loan and other certificates of rights, and then the parties should bring their ID cards and proof of repayment of the loan and other certificates of rights to the housing management department for the cancellation of mortgage registration, and then the normal housing management department will generally cancel the mortgage registration in time.

After the mortgage is paid off, the house with the commercial loan must be issued by the bank with the certificate of loan settlement and the certificate of other rights of real estate, and go to the trading hall to go through the procedures for releasing the mortgage without any charge.

Legal basis: Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

1. Settle the bank loan first, and then go to the local real estate transaction center to go through the cancellation procedures with the receipt number given by the bank and the real estate mortgage contract, the certificate of house ownership, the certificate of repayment of the loan and other relevant materials.

2. After cancellation, the buyer and seller need to go to the housing authority for online signing;

3. Then let the appraisal company evaluate the house and pay the corresponding taxes;

4. Finally, go to the housing authority to go through the transfer procedures.

Legal basis. Article 33 of the "Housing Registration Measures" to apply for registration of the transfer of housing ownership, the following materials shall be submitted: (1) registration application; (2) Proof of the applicant's identity; (3) Housing ownership certificate or real estate right certificate; (4) Materials proving that the ownership of the house has been transferred; (5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Summary. The method of handling the second mortgage of the house is as follows: 1. First of all, you need to submit the second mortgage application to the lending bank, and the bank can only handle the second mortgage procedures after the bank agrees, after the application is approved, you need to submit the information required for the loan to the bank, and the bank will review your information, and the result will be told to you after the review. 2. After the review is passed, you need to sign the contract of the second mortgage loan with the bank and go through the procedures of notarization of the loan contract.

Once the formalities are completed, the bank will release the loan to you on a specified date.

The method of handling the second mortgage of the house is as follows: 1. First of all, you need to submit the application for the second mortgage to the lending bank, and the bank can only handle the second mortgage procedures after agreeing to the first knowledge, and after the application is approved, you need to submit the information required for the loan to the bank, and the bank will review your information, and the result will be told to you after the review. 2. After the review is passed, you need to sign the contract of the second mortgage loan with the bank, and go through the procedures of notarization of the loan clamping liquid. Once the formalities are completed, the bank will release the loan to you on a specified date.

Extended informationThe method of handling the second mortgage of the house is as follows: 1. First of all, you need to submit the application for the second mortgage loan to the lending bank, and the bank can only handle the second mortgage procedures after the bank agrees, and after the application is approved, you need to submit the information required for the loan to the bank, and the bank will review your information, and the result will be told to you after the review. 2. After the review is passed, you need to sign the contract of the second mortgage loan with the bank and go through the procedures of notarization of the loan contract. Once the formalities are completed, the bank will release the loan to you on a specified date.

3. After the bank agrees, the lending institution will learn about your personal information to see if you meet the conditions for a second mortgage and understand the basic information of the house. 4. The lending institution will conduct an on-site inspection of the house to check the location, facilities, environment and area of the house to see if the house has the value of a second mortgage. After the inspection, the lender will discuss with you the second mortgage plan of the property, and specifically determine the loan amount, term, interest rate, and service fee of the second mortgage of the property.

1. Generally speaking, the mortgage amount is different for different mortgaged properties. Normally, the mortgage of commercial housing can reach 70%, while the mortgage of shops and office buildings can reach 60%, and the mortgage of industrial plants can reach 50%. 2. It is pointed out that there are many factors that affect the amount of the house mortgage loan.

The appraisal of the property is an important factor that affects how much money can be borrowed for the mortgage loan, and the reasons that affect the appraised value of the property mainly include the type of house, orientation, location, age of completion, floor, etc. 3. The mortgage loan limit is also directly related to the assets owned by the borrower, if there is only one property, then only half of the appraised value of the property can be borrowed; If there are multiple properties, then you can borrow 7 8 percent of the appraised value of the property. 4. The amount of personal income will also be taken into account by the bank within the scope of loan factors, if the personal income is low, the bank will consider whether the borrower has sufficient repayment ability, then the bank will reduce the loan amount.