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Because if you can buy and sell it yourself, the house will not appearCut off supplysituation.
For many home buyers, when the home buyer is foreclosed for processing problems, it already means that the home buyer is in arrears on the monthly payment.
The situation is very serious. If they are able to sell their home, many people will seek second-hand housing transactions to help them overcome financial difficulties. However, in real life, most people's houses cannot be sold in a short period of time, and many people's houses can only be forced to go through the foreclosure process.
First, let me first talk about the basic logic of foreclosure.
As I said above, when a home buyer has a disconnection, the bank will first urge the user to repay. After reaching a certain level, you will apply for a foreclosure auction at a later date. Prior to this, buyers would definitely sell their own property whenever they could buy or sell the property on their own.
It is precisely because of the difficulty of buying and selling a house itself that many people cannot sell their house at all in a short period of time, which leads to the situation of foreclosure of their house. <>
Second, many people also have illusions about their ability to repay.
Before the house goes through the foreclosure process, many people have illusions about their ability to repay, and at the same time, they think they will be able to overcome the difficulties. When a person's cash problem becomes more and more serious, the person will use various channels to repay the monthly payment of the personal housing loan. But after all, a person's ability is limited, and many people will end up at a dead end because of this, and finally have no money to pay.
3. What is my personal advice?
I don't think anyone can easily cut off the payment, and our personal housing loan is an unlimited responsibility, which means that even if a person does not take the initiative to repay the personal housing loan, the person must repay the arrears. Before a person encounters a financial problem, we must take countermeasures in advance, and never rush when there is no money to repay. Before buying a house, we also need to fully assess our ability to repay and not do things that are beyond our means.
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Because if the house is out of supply, then the house no longer belongs to you, it belongs to the bank, so it is normal to conduct a reasonable auction, so you no longer have the right to decide on the house.
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It is possible to buy and sell on your own, and it will only be auctioned when there is no way to buy and sell, and it can be bought and sold at the beginning.
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Because the mortgage of this house has been cut off, the right to dispose of the independent property of this house is not in the hands of individuals, and individuals cannot buy and sell.
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If the house is out of payment for 3 months or 6 times in a year, it will be auctioned by the bank. Usually, the bank will remind you through ** or SMS notification if you fail to repay on time, and after a period of time, the bank manager will contact you to call for payment, and you will also face a penalty interest on the loan. When the payment is interrupted for more than 3 months or there are 6 defaults within a year, the bank will freeze the property through legal means, and if the arrears cannot be repaid after negotiation, then the mortgaged property will become a foreclosure house, and the auction will be auctioned by the court, and the money after the auction will be used to repay the arrears first.
1. What should I do if the mortgage is broken?
1. Apply for an extension of the loan term: Most home buyers generally apply for a 20-year or 30-year loan. When the borrower encounters financial difficulties and is unable to repay the loan normally, the loan term can also be extended.
However, it is necessary to negotiate with the bank. The main one is related to the borrower's age, ability to work, financial ability and other conditions.
2. Remortgage or ** house: Remortgage or ** is generally suitable for those who not only can't afford to pay off the mortgage, but also need a sum of money. This is much better than selling at a bank auction.
If it is accepted by the bank for auction, the auction proceeds will be repaid with liquidated damages and interest first, and the rest will be used to repay the principal.
3. Request to suspend the repayment of the principal: If the buyer is temporarily unable to repay the loan, he can negotiate with the bank to repay only the interest and suspend the payment of the principal for a period of time. Banks can generally accept customer requests, and banks can earn a little more interest, as long as they do not viciously evade debts, there is no loss for the bank.
4. Seek help from other financial institutions or individuals: Borrowers can borrow from friends or apply for loans from lending institutions. Generally, there is a mortgage loan, and the repayment is normal, and the lending institution will approve a certain amount of loan to the borrower.
2. What are the risks of foreclosure houses?
1. It is easy to transfer, but it is not easy to collect the house.
2. There may be high taxes and fees.
3. There may be arrears of property fees and utility bills.
The way to avoid risks: Investigate the arrears of the property in the community, go to the relevant departments to check the arrears of water and electricity, and comprehensively weigh the amount of rubber to sell in the amount of money to decide whether to buy.
Legal basisArticle 406 of the Civil Code of the People's Republic of China During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement.
If the mortgaged property is transferred, the mortgage right shall not be affected.
If the mortgagor transfers the mortgaged property, it shall notify the mortgagee in a timely manner. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.
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According to the Provisions of the Supreme People's Court on the Enforcement of Mortgaged Houses by the People's Courts, which stipulates that as long as the mortgaged houses have been established in accordance with the law, if the debts cannot be repaid, they can be sealed and auctioned. In the case of a house in which the debtor and his dependents live (the sole dwelling), a grace period of 6 months is granted.
If you do not hand over the house within the grace period, you can apply to the court to enforce it. This provision came into force on December 21, 2005.
The provisions also mention that if the debtor and his family are unable to solve the housing problem by themselves at the time of forced eviction, the creditor may provide temporary housing for the debtor after verification by the court, with the standard of low-rent housing as follows. As for the rent, it is determined by the court with reference to the rent standard of similar houses at that time, and it is deducted from the auction price first, and the reserved rent is usually 1-5 years.
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It depends on the specific contract signing. If the loan is a cohabitation pledge, it will work. or a provision that allows a court to enforce.
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The basis for the so-called "one suite" to be unenforceable is the Provisions on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Courts promulgated by the Supreme People's Court, article 6 of which stipulates that "the people's court may seal up the residential houses necessary for the livelihood of the person subject to enforcement and his or her dependents, but shall not auction, sell or redeem debts."
This provision, which is commonly known as "a house cannot be enforced", has made the court's enforcement difficult due to the unclear standard of "housing necessary for life" of the person subject to enforcement. In practice, court enforcement officers often encounter such a situation, where the person subject to enforcement is ordered to repay the money because he has defaulted on the mortgage or other debts.
It is reported that after the promulgation of the judicial interpretation of the Supreme Court, only the Nanjing Intermediate People's Court has issued a minimum standard applicable to the implementation of the local "one suite", which is 8 square meters of housing area per family. According to this provision, if the living area of the family of the person subject to enforcement exceeds this standard, the court may auction off the large-area house to pay off the debt by means of "exchanging the large for the small" or "exchanging the near for the far", and replace or lease the house for the person to live in. At present, Beijing does not have a minimum standard for "one suite" for the local area.
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The only one will not be auctioned, otherwise where to live.
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