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No, the bank has a record.
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Legal Analysis: The so-called first home refers to the purchase and ownership of only one house. The People's Bank of China stipulates that every urban resident in China should enjoy preferential mortgage interest rates when they buy their first house.
The first home must meet the following three conditions at the same time to be called the first home: 1The person buying the home must be at least 18 years old; 2.
The house purchased is an ordinary house of 90 square meters and below, and the ordinary house of 90 square meters and less than 90 square meters is entitled to a preferential 1% of the house deed tax rate; 3.The person who purchased the house does not have a home in his or her name, either alone or in common, i.e. has not previously had a co-ownership of the house with another person. However, there is an exception for houses purchased with parents as stipulated by the state, houses purchased in accordance with the current housing reform policy, and houses obtained through inheritance or demolition and resettlement.
Legal basis: Civil Code of the People's Republic of China
Article 209 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 State in accordance with the law may not be registered.
Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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What are the ten types that don't count the first home.
Buy a commercial house in full; The house that has been bought is a commercial and residential apartment, not a residence; The first home is a small property, and the second home can still be the first house; There is a resettlement house, but it has not been recorded; farmhouses, self-built houses; Parents own a house, and children buy a house when they become adults; pre-marital and post-marital property; The property is in the field, but not in the local area; Bought a house, sold it.
How to identify a first home.
1. If you have taken out a loan to buy a house, the commercial loan has been settled, and then you have a loan to buy a house - it is the first set.
2. If you have bought a house with a loan and later sold it, you can't find the property through the housing registration system, but you can find the loan record in the bank credit system, and then take out a loan to buy a house - the first set.
3. I bought a house in full, and later sold it, and the housing registration system could not find the property, so I took out a loan to buy a house - the first set.
4. There are two commercial loan records under the individual's name, all of which have been paid off and can provide proof of two houses, and in this case, when refinancing - the first one.
5. Husband and wife, one party uses a commercial loan to buy a house before marriage, and the other party uses a provident fund loan to buy a house before marriage, and the two want to take out a joint loan in the name of husband and wife after marriage. If the loan has been repaid, the banking financial institutions can flexibly grasp the loan interest rate and down payment ratio according to the borrower's solvency, credit status and other specific factors.
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First, buy commercial housing after buying commercial housing.
Before buying a house, you should pay attention to whether the house you already own is commercial housing, if it is, you can buy commercial housing again, otherwise the buyer first buys commercial housing and then buys commercial housing belongs to the first house. Because the nature of the two is different, there is no effect.
Second, the house has been moved but has not yet been recorded.
If you have signed a relocation agreement but have not filed a delayed house, the house you bought is also the first house. If there is already a record, it is not a large mountain.
Third, those who are under the age of 18 own a property with their family and buy a house by themselves after the age of 18.
If you are under the age of 18 and own a property with your family, you will be considered the first house if you buy a house by yourself after you are 18 years old. Borrowing money from a bank to buy it also belongs, but it needs to be taxed. However, if you already own 2 sets together, it doesn't count.
Fourth, if you have a house outside without a loan, buy a house again.
If you have a house in a place other than your birthplace but do not have a loan, buying a house again is considered your first home.
1. What are the preferential policies for buying the first house?
The People's Bank of China stipulates that urban residents in China can enjoy preferential mortgage interest rates when purchasing houses.
1. Individuals who purchase ordinary houses of less than 90 square meters can enjoy the preferential reduction of the deed tax rate to 1.
2. Stamp duty and land tax are temporarily exempted.
3. The lower limit of the loan interest rate of the house can be expanded to 0 7 times of the loan benchmark interest rate, and the low down payment ratio can be adjusted to 20.
4. The loan interest rate of the personal housing provident fund has been reduced by 0 27 percentage points respectively.
5. If the buyer will buy the ordinary housing for more than 2 years and sell it to the outside world, the buyer does not need to bear the business tax.
6. The housing registration fee for the purchase of ordinary housing by the buyer is exempted, as well as the housing transfer fee for the purchase and sale of stock housing.
7. For residents who own a house and the corresponding housing loan has not been paid off, when purchasing a second house, the proportion of low down payment for the house is adjusted to not less than 40.
8. For the use of housing provident fund loans to purchase the first ordinary self-owned house, the low down payment is 20; If a family owns a house and has paid off the loan, the low down payment is 30 when applying for the housing provident fund to buy a house again.
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Count the situation of the first home:
First, buy a commercial house after buying a large commercial house;
Second, the house has been moved but has not yet been recorded.
Third, those who are under the age of 18 own a property with their family and buy a house by themselves after the age of 18.
Fourth, if you have a house outside without a loan, buy a house again.
1. Is it okay to pay a down payment and not sign a house purchase contract? Is it illegal.
If you pay the down payment and don't sign the purchase contract, it is definitely not normal, and the normal process of buying a house is:
Deposit (signing the subscription agreement) - down payment rolling book (signing the purchase contract) - housing authority filing.
There are three situations in which it is possible to buy a house without signing a contract:
1. The developer has not obtained the pre-sale license of commercial housing;
2. The developer has no development qualifications at all;
3. The developer was suspended by the Construction Committee for some reason. Buying a house without signing a house purchase contract is illegal, but also not right, buying a house is usually to order the contract first, and then to give the down payment, and then to see if all the documents of the developer are complete, so you must be cautious when buying a house, you can't blindly give the down payment, only if you sign the contract first, then the legitimate rights and interests of both parties will be protected by law.
2. Whether buying a house after divorce is considered a second house.
Whether buying a house after divorce is considered a second house is divided into the following situations:
1.During the marriage, whether you have the experience of buying a property as a co-repayer, if you are a co-repayer, buying a house after the divorce is considered a second house.
2.If there is a property right in the name of the party after the divorce, if the party has property right in the name, the purchase of a house after the divorce is considered a second house.
3. Is there a time limit for buying a house in the event of divorce?
There is no time limit for buying a house after a divorce, and you can buy a house in your own name at any time.
Buying a house with a loan after divorce depends on the relevant rules of the bank: (1) Under normal circumstances, the real estate management department does not have a special request for buying a house after divorce, and only needs to cut the real estate after marriage and clarify the real estate situation under its name. (2) If you do not have a property in your name after the divorce, if you buy a house again, you should count it as the first property and have the qualification to buy a house.
3) But since you are planning to buy a house by borrowing, you need to look at the relevant policies of the bank.
Article 2 of the Provisional Regulations of the People's Republic of China on Real Estate Tax states that real estate tax shall be paid by the property owner. If the property rights belong to the whole people, they shall be paid by the units that operate and manage them. If the property rights are pawned, the pawn shall pay them.
If the owner of the property right or the pawn is not in the place where the property is located, or if the property right has not been determined and the dispute over the lease has not been resolved, the real estate custodian or user shall pay the fee.
The property owners, business management units, pawns, real estate custodians or users listed in the preceding paragraph are collectively referred to as taxpayers (hereinafter referred to as taxpayers).
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