What should I do if I find out that the original owner has debts after the transfer of the house?

Now that the transfer procedures have been completed, the debts of the original homeowner will not affect you, and the debts of the original homeowner have nothing to do with you, so you don't need to worry about this problem.

The transfer of ownership of the house is a normal purchase and sale behavior, and the debts of the original owner have nothing to do with the parties. To apply for housing registration, the applicant shall submit an application to the housing registration agency where the house is located and submit the application registration materials. The original materials for application for registration shall be provided.

Where the original cannot be provided, a copy that has been confirmed by the relevant organs to be consistent with the original shall be submitted. The applicant shall be responsible for the authenticity, legitimacy and validity of the application registration materials, and shall not conceal the true situation or provide false materials to apply for housing registration.

Measures for Housing Registration

Article 12. The application for housing registration shall be jointly applied by both parties concerned, except as otherwise provided in these Measures.

In any of the following circumstances, if an application for housing registration is made, the application may be made unilaterally by the parties:

1) Obtaining housing rights through the lawful construction of houses;

2) Obtaining housing rights through effective legal documents issued by people's courts and arbitration commissions;

3) Acquisition of housing rights by inheritance or bequest;

4) There is one of the circumstances listed in these Measures for the alteration of registration;

5) Loss of premises;

6) The right holder waives the right to housing;

7) Other circumstances provided for by laws and regulations.

Legal Analysis:1If the court decides that the original owner of the property has a debt and that the property has been transferred at the time of the seizure, it can constitute bona fide acquisition, at which point you can take ownership of the property, and the court should reject the objection of the original owner's creditor.

2.However, if the property has not been transferred, then you only have the right to claim the original owner (i.e. the right to request the transfer), not the ownership of the property.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Summary. If it is a normal buying and selling behavior, then it has nothing to do with you, if the creditor of the original owner is disturbed, you can call the police to deal with it. If it is a help to transfer the property, and the original owner and creditor may have sufficient evidence, then the house will still be seized or even auctioned.

If it is a normal buying and selling behavior, then it has nothing to do with you, if the creditor of the original owner is disturbed, you can call the police to deal with it. If the closing fruit is to help transfer the property, and the original owner, creditor or Sui State carefully obtained sufficient evidence, then the house will still be seized or even auctioned. <>

Because the house has been transferred, the property rights are transferred. Although the developer has a debt relationship with the original owner, since you don't know the situation, it is suitable to be acquired in good faith. The bona fide acquisition system is also known as the immediate acquisition system.

As the name suggests, both parties must pay money with one hand and deliver the goods with one hand in the transaction. If the ownership of the subject matter (the object to which the payment is directed, i.e., the thing used for the transaction) is transferred after a certain period of time after the payment of the money, the bona fide acquisition regime does not apply in this case. <>

Legal analysis: If the original homeowner has debts that are disputed in ownership, they generally cannot be transferred.

Legal basis: Article 6 of the Administrative Provisions on the Transfer of Urban Real Estate The following real estate shall not be transferred:

A) to obtain the right to use land by way of transfer but does not meet the conditions provided for in article 10 of these provisions;

2) Judicial and administrative organs have made rulings in accordance with law and decided to seal up or otherwise restrict real estate rights;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: the establishment, alteration, transfer and termination of immovable property rights shall become effective upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law. Therefore, in law, the ownership of immovable property for an unregistered house does not change, that is, the owner of the house is still the same.

Unless otherwise provided by law or otherwise agreed in the contract, a contract concluded between the parties concerning the creation, modification, transfer and extinction of real property rights shall take effect from the time of the conclusion of the contract, and the failure to register the real right shall not affect the validity of the contract. In other words, there is no necessary link between the validity of the contract and the registration. It's a bit like signing a contract is a guarantee, and the other party can sue for continued performance if it doesn't sell.

To sum up, at present, the ownership of the house is still with the original owner, and the original owner has a dispute with others and is sued, so he should be the defendant, and the house demolition will continue after the dispute is resolved. Finally, as for the demolition money, theoretically it is necessary to compensate the owner of the immovable property. If there is a dispute over the debt arising from the house, then the debt should be repaid first after the demolition money is allocated to the owner; If an agreement cannot be reached, the current owner can sue the court to claim compensation for his own economic losses and other compensation caused by the original owner's breach of contract.

Legal basis: Article 119 of the Civil Procedure Law The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.