How to report the loss of the real estate certificate Can the house that has been signed online be r

First of all, you should take the ID card with the name of the real estate certificate to the housing authority to apply for a loss report. It is possible to change the name, and after the two parties have negotiated, the developer can agree to re-file, and then the name can be changed.

If you want to report the loss of the real estate certificate, you can bring your ID card and household registration book to the housing authority to submit an application for reporting the loss, and you can pass the review; It is not possible to unilaterally change the name of a house that has been signed online.

You can go directly to the local housing authority to report the loss, and then start the real estate ownership certificate, which needs to be published in the newspaper to declare that the house that has been signed online can be renamed, and the online signature needs to be revoked.

Legal analysis: If the house signed online can be renamed, the specific process is to first withdraw the online signature, and then go to the housing authority to sign the new materials, and then sign a new contract from the new filing. It has been registered, which is more troublesome, if the commercial housing is not completed and accepted, it can be renamed, but it is necessary to go to the relevant units of the city to issue an unfinished inspection report, and the developer submits the reason for the contract name change, at this time only need to pay the relevant handling fees.

If the commercial house has been completed and accepted, it cannot be renamed. However, you can change your name after the title deed comes down. Under normal circumstances, the change of the name of the real estate certificate is mainly divided into direct addition, gift, and sale.

Gift - Procedures for Gifts Gifts - Taxes to be paid for gifts Buying and selling - Procedures and taxes for buying and selling.

Legal basis: "Provisions on the Administration of Urban Real Estate Transfer" Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Legal Analysis: No. 1. Houses that have been signed online cannot be unilaterally renamed.

Real estate development enterprises are not allowed to sell the commercial housing that is the subject of the contract to others before terminating the contract for the sale and purchase of commercial housing. 2. After the same house is signed online, it cannot go to the housing management department to register again, property rights registration and other property rights transaction procedures. If the name of the buyer is changed after the online signature has already been carried out, the buyer and the seller may jointly apply for the revocation of the online signature and handle it again.

Legal basis: Administrative Measures for the Sales of Commercial Housing

Article 10 Real estate development enterprises shall not sell the commercial housing as the subject matter of the contract to others before the contract for the sale and purchase of commercial housing is terminated.

Article 11 Real estate development enterprises shall not sell commercial housing by way of return to principal sales or disguised return to principal sales. Real estate development enterprises shall not sell unfinished commercial housing by means of after-sales leasing or disguised after-sales leasing.

When you do not have an online real estate certificate, you can change the name, but you need to communicate with the developer to change the name of the original contract.

If the property needs to be traded, as long as the two parties reach a consensus, they can communicate with the developer and change the name on the original contract to change the name, so that it is convenient to apply for the real estate certificate. Because to apply for the real estate certificate, the real estate certificate is handled according to the name on the contract.

If you do not change the name of the contract with the developer, you need to apply for the title certificate and then transfer the ownership. This will overpay the closing costs.

In short, there is no online signature for the house, and the real estate certificate can be transferred and sold without coming down.

Can I change the name of a house without an online signature when I apply for a real estate certificate? Yes, you have to drink. And the sales department, you have popularity.

Let's talk. Make it clear what the reason is and what is the reason for not having money now. Go and get the title deed yourself.

If you make up any formalities, say hello to them, later. What do people say? You can change your name with this procedure.

OK! But it's more troublesome.

If the commercial house has not been registered with the housing authority without online signature, negotiate with the developer, the original buyer will return the signed purchase agreement, return the original payment invoice, issue a red invoice to flush back, and do the check-out procedures;

Then sign the purchase contract in the name of the new buyer, pay the money, issue an invoice, and you're done.

A processing fee may apply.

Can I apply for a real estate certificate without online signing?

It is not possible to transfer ownership without a title deed. The reason is that when you apply for transfer to the real estate transaction management department, you must provide the real estate certificate, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of the real estate certificate.

In the second-hand housing transaction, the general process should be followed, and the buyer and seller should first form an agreement, that is, reach an agreement, and then handle the transfer. A second-hand house without a real estate certificate cannot be transferred, and the procedures cannot be completed at the housing authority. If you want to buy it, there is a risk.

It should be noted that if only notarization is done without going into the house, there is also a huge risk for the buyer. Because in China's real estate laws and regulations, once a dispute arises between the buyer and the seller, the real estate certificate is the first evidence of the ownership of the house, and the purchase contract is the secondary evidence. Once the seller mortgages or resells the home, the buyer's interests will not be protected.

Legal basis: Article 9 of the Property Law of the People's Republic of China on the creation, alteration, transfer and termination of immovable property 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 State in accordance with the law may not be registered.

If you don't have a real estate certificate, you can't get a household, and you can't go through the procedures at the housing authority. If you want to buy it, there is a risk. At the very least, you should go to a notary public to notarize the sale and purchase agreement.

According to the current relevant regulations, only houses that have obtained property ownership certificates can be traded twice, and houses that have not obtained property ownership certificates are prohibited from being listed for trading. Since China currently adopts a property rights registration system, if the owner of the real estate certificate is not himself, he will not have the right to deal with the house, and he will not have the right to enjoy the relevant benefits brought by the house, that is, if the house needs to be demolished in the future, then he will not be able to be compensated. At the same time, if only the contract is signed, the final result is not guaranteed, and if the seller repents, he will also not be able to get the property right of the house, especially if the payment has already been made, which is more risky.

Of course, in practice, some traders will take this approach, after signing the agreement and notarization, the agreement also stipulates the relevant transfer time. But it still depends on the integrity of both parties. Therefore, it is best to buy a house that has obtained a title deed.

Consequences of not doing the transfer of the real estate certificate:

1) There is a huge risk for buyers to only notarize but not to be in the house. Because in China's real estate laws and regulations, once a dispute arises between the buyer and the seller, the real estate certificate is the first evidence of the ownership of the house, and the purchase contract is the secondary evidence. Once the seller mortgages or resells the home, the buyer's interest is not guaranteed.

2) In addition, the notary public should notarize according to the ownership of the real estate certificate rather than according to the sales contract, and if there is a dispute between the two parties and go through the litigation procedure, its notarization will also be questioned. Buying a second-hand house is not a trivial matter, it is hundreds of thousands at every turn, so consumers are reminded that for second-hand houses without real estate certificates, they must be more careful, and there is no suitable way to deal with this kind of transaction to ensure that the interests of both parties are not lost.

(1) The buyer and the seller establish information communication channels, and the buyer understands the overall status of the house and the property right status, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

2) If the house provided by the seller is legal, it can be listed and traded, and the buyer can pay the deposit for the purchase of the house (the payment of the deposit for the purchase of the house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and the seller sign the house sale contract (or the house sale contract). After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.

3) The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.

4) Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can apply for review and approval step by step according to the approval authority set by the transaction department in advance, and the two parties to the transaction can go through the deed formalities. At present, Beijing has abolished the real estate sale deed in the transaction process, which is commonly known as the "white deed".

5) Pay taxes and fees. The composition of taxes and fees is more complex and depends on the nature of the property being traded. For example, the tax composition of housing reform, dangerous housing and relocation housing, affordable housing and other commercial housing is different.

6) Handle the procedures for the transfer of property rights. After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate with the notice of obtaining the house ownership certificate.

7) For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go through the loan procedures with the loan bank, and the bank will review the buyer's credit, evaluate the house that the two parties want to trade, in order to determine the buyer's loan amount, and then approve the buyer's loan, and the bank will issue the loan at one time after the two parties complete the property right registration change and the buyer receives the house ownership certificate.

8) The buyer receives the house ownership certificate, pays off all the house payments, and the seller delivers the house and settles all the property fees.

More than 15 working days.

Handling process: The loss statement should be published in the newspapers and periodicals published in the place of replacement, and the content of the statement includes: the lost house ownership certificate number, the name of the right holder, the building number, etc. (relevant information can be queried by my ID card to the archives of our bureau), and the loss statement is 15 days later.

Bring the newspaper with the loss statement, the original and photocopy of the ID card of yourself and your spouse, and the copy of the marriage certificate to our bureau to apply for reissuance. The relevant documents will go to the transaction department to go through the procedures for reissuing all the Kaimo warrants of the house and receive the reissued house ownership certificate.