File query is to verify the ownership of real estate with any one of the conditions of real estate address, land number, real estate certificate registration number and real estate certificate number as the index. You can get written proof of ownership, area, structure, whether it is mortgaged or not. At present, the Housing Authority discloses housing information to the public, and can inquire about the real estate situation of second-hand buildings, and can inquire about real estate files with ID cards.
File search information:
(1) ID card
(2) The address, land number, registration number of real estate certificate and real estate certificate number of the real estate.
Note: If there is mortgage, you need to redeem the building or re-mortgage to transfer the ownership. If there is seizure, you must unseal it to transfer the ownership.
Two. Sign tripartite contract and online contract:
According to the relevant regulations and business practices, the second-hand housing sales contract must have the following contents:
1. parties: the owner, name, name, contact address and specific circumstances of the house shall be true and accurate.
2. Target: The winning bidder in the house sales contract is the house. Location, ownership, area, structure, pattern, decoration, quality and ancillary facilities of the house; Housing property management fees and other payment status, as well as the relevant documents and materials of the transfer of housing.
3. Price: This is the most important clause in the contract. Write down the total price, payment method, payment terms, how to apply for mortgage loan, down payment, final payment, etc. in the contract. Mainly statements. Both parties should also clearly pay their respective taxes and fees in accordance with state regulations; If both parties agree otherwise, it shall be clearly stated in the contract.
4. Time limit, place and method of performance: The contract shall specify the time limit for signing the contract, the time limit for paying the price and the time limit for delivering the house. The time, conditions and procedures for handling relevant procedures should also be stated in the contract. The way to pay the house price, whether the payment is one-time payment or installment payment, the time and amount of the down payment, the steps, time and amount of installment payment, etc.
5. Liability for breach of contract and dispute resolution: define the responsibilities that both parties should bear when they fail to perform their contractual obligations. Clearly stipulate whether to settle disputes through arbitration or litigation.
6. Terms of entry into force, suspension, termination or rescission of the contract: both parties hereby agree on the time of entry into force or expiration of the contract; Valid or invalid conditions; Terms of suspension, termination or rescission of a contract.
7. Modification and assignment of the contract.
8. Attachments: explain what attachments are available in this contract and their effectiveness. ; And the need to sign relevant supplementary agreements.
Matters needing attention: the main property rights agreed in the contract; Property price; Deposit; Payment method; Terms of payment; Time limit for performance; Delivery time; Time for handling relevant formalities; Default mode; Liability for breach of contract, etc.
Three. Evaluation:
In addition to paying the taxes and fees designated by the Housing Authority, the bank appoints an appraisal company to evaluate the real estate and evaluate the value of the bank loan right; The bank's assessment of the current situation is basically consistent with the market transaction price, and in some places it is higher than the market transaction price.
Note: Evaluation price affects the amount of bank loans. If the evaluation price is lower than the transaction price, the loan amount will be calculated according to the evaluation price.
IV. Signing a housing loan contract:
Loan means that the lender pays a certain percentage of the total house transfer price to the borrower for the purchase of real estate.
Housing loan is also called real estate mortgage loan. Generally speaking, the buyer signs a real estate sales contract with the seller and pays the down payment, then mortgages the purchased real estate and related rights and interests to the bank, and the bank provides loans to the buyer as the purchase price except the down payment. If the purchaser fails to repay the loan as agreed, the bank has the right to give priority to the mortgaged real estate. The contract signed between the purchaser and the bank on real estate mortgage is called "real estate mortgage contract".
Generally, banks do not handle loans for individuals. They need to fill in the application form of housing mortgage loan to the loan bank through a professional real estate guarantee company, and provide proof documents required by legal documents such as ID card, income certificate, housing sales contract and guarantee letter. After passing the examination, the loan bank promises loans to the buyers, and handles the real estate mortgage registration and notarization according to the house sales contract provided by the buyers and the mortgage loan contract concluded between the bank and the buyers. The bank directly transfers the loan funds to the seller within the time limit stipulated in the contract.
Matters needing attention: interest rate, fluctuation, repayment period, repayment method, monthly repayment amount, etc. Both parties can only submit information to the bank to apply for a loan.
Classification of housing mortgage loans:
1. Commercial loan:
Personal commercial housing loans refer to loans granted by loan commercial banks or housing savings banks to individuals who purchase self-operated commercial housing or ordinary houses for their own use; The borrower will mortgage the purchased property to the bank as a guarantee to repay the loan on time.
Commercial loan information:
Seller:
(1) ID card (husband and wife)
(2) Real estate license
(3) Household register (both husband and wife)
(4) Marriage certificate
(5) Bank account number
Buyer:
(1) ID card (husband and wife)
(2) Household registration book (both husband and wife)
(3) Marriage certificate
(4) proof of income (generally more than 2 times the amount of mortgage)
(5) bank flow (at least in the past six months; Monthly access is more than twice the mortgage amount)
(6) Mortgage passbook or card
(7) Non-Chengdu hukou provides social security certificate or tax payment certificate for more than one year.
(8) Proof of housing inquiry in Chengdu
Commercial loan fees:
Specific consulting intermediary or guarantee company
Note: the age of the building plus the loan period cannot exceed 30 years; The loan ratio shall not exceed 70% of the house price; High selectivity; This process is very fast.
2. Provident fund loans
Personal provident fund loan refers to the housing provident fund as the source, and the provident fund management center provides loans for the purchase of personal housing provident fund in this city. The provident fund loan business is entrusted by the Municipal Provident Fund Center to the commercial banks in this city to issue mortgage loans for the purchase of housing to employees who participate in the housing provident fund system. The housing purchased by the borrower is limited to the residential housing with ownership on the state-owned land in this city; However, the borrower of the provident fund loan must provide the guarantee recognized by the lender.
Provident fund loan information:
Seller:
(1) ID card (husband and wife)
(2) Real estate license
(3) Household register (both husband and wife)
(4) Marriage certificate
(5) Bank account number
Buyer:
(1) ID card (husband and wife)
(2) Household registration book (both husband and wife)
(3) proof of income (generally more than 2 times the amount of mortgage)
(4) Marriage certificate
(5) bank flow (at least in the past six months; Monthly access is more than twice the mortgage amount)
(6) Mortgage passbook or card
(7) Non-Chengdu hukou provides social security certificate or tax payment certificate for more than one year.
(8) Proof of housing inquiry in Chengdu
(9) Provident fund card or passbook
(10) Schedule of Provident Fund Deposit
Provident fund loan fee:
The appraisal fee of 0. 1% (up to 800) shall be collected by the appraisal company, and the mortgage registration fee of 80 yuan/set shall be collected by the Housing Authority;
Note: The loan term cannot exceed 20 years; The loan ratio shall not exceed 70% of the house price (high-quality customers who purchase real estate less than 90 square meters for the first time may apply for 80% of the pure provident fund loan). The maximum amount of personal loans for provident fund is 400,000 yuan, and the maximum amount of loans for two or more people to buy the same house does not exceed 700,000 yuan; The provident fund loan process is a bit slow and the interest is low.
3. Portfolio loan (commercial+provident fund loan)
Refers to the borrower applying for commercial loans and provident fund loans at the same time when buying a house; When the amount of provident fund loan applied by the borrower when buying a house cannot meet the amount that the borrower should borrow from the bank, commercial loans will be used for the difference.
Portfolio loan information:
Seller:
(1) ID card (husband and wife)
(2) Real estate license
(3) Household register (both husband and wife)
(4) Marriage certificate
(5) Bank account number
Buyer:
(1) ID card (husband and wife)
(2) Household registration book (both husband and wife)
(3) proof of income (generally more than 2 times the amount of mortgage)
(4) Marriage certificate
(5) bank flow (at least in the past six months; Monthly access is more than twice the mortgage amount)
(6) Mortgage passbook or card
(7) Non-Chengdu hukou provides social security certificate or tax payment certificate for more than one year.
(8) Proof of housing inquiry in Chengdu
(9) Provident fund card or passbook
(10) Schedule of Provident Fund Deposit
Loan fees for portfolio loans:
Loan cost of portfolio loan = provident fund part+commercial loan part (please refer to the charging standard of provident fund and commercial loan).
Note: The loan term cannot exceed 20 years; The loan ratio shall not exceed 70% of the house price; Provident fund loan process is slow and interest is low.
Verb (abbreviation of verb) notice that the bank agrees to loan (letter of credit agreement)
After all levels in the bank review the applicants, they will submit an approval letter for the second-hand housing mortgage loan, indicating the agreed loan amount, term and interest rate.
Note: some banks do not write the loan interest rate in the loan agreement, but the interest rate when lending; In addition to the loan amount agreed in the loan agreement, the remaining loan amount is the down payment.
Delivery of intransitive verbs
Property transfer application means that the information provided by the buyer and the seller is submitted to the real estate exchange for review, and the receipt is received after review.
Materials to be prepared when submitting:
Print the online signing contract before the three parties submit the documents;
Seller:
1, ID card (husband and wife);
2. Real estate license;
3. Household registration book;
4. Marriage certificate;
Buyer:
1, ID card (husband and wife);
2. Household registration book (both husband and wife)
3. Marriage certificate;
4. Birth certificates of minor children;
5. Non-Chengdu hukou provides social security certificate or tax payment certificate for more than one year.
Note: Under normal circumstances, the application for transfer of property rights was approved successfully and a receipt was obtained. After the two parties went to each tax window to ask for tax, they collected the original and materials of the owner's real estate license when submitting. When the delivery was successful according to the contract, the down payment was paid, and the owner demanded to pay the down payment. At present, the Housing Authority requires that it is best to use bank funds for custody.
Seven, tax transfer:
The submitted application has been successfully reviewed and a receipt has been received. The country needs to pay taxes before the house can be transferred.
The taxes paid by the Housing Authority are as follows:
1. Deed tax:
A) x 1% of the first-time purchase area approved by the Administration is less than 90 square meters (proof of the number of houses in the place where the household registration is located is required);
B) The price approved by the Administration is x 1.5%. The first purchase area is more than 90 square meters and less than 144 square meters (proof of the number of housing units at the place where the household registration is located is required);
C) The price approved by the Administration is more than x3%, and the purchase area is more than 144 m2;
2. Individual income tax: x 1% approved by the Administration. The owner of the real estate license has been over 5 years and the only property of the owner is tax-free;
3. Value-added tax: the real estate license approved by the Administration will be exempted from 5.6% after 5 years;
4. Land transaction service fee: the building area of real estate license is x6 yuan/㎡;
5. Property registration fee: 80 yuan.
Matters needing attention: after paying all taxes and fees, exchange for deed tax payment certificate and house purchase ticket, and then transfer ownership; In exchange for a new certificate receipt.
Eight, the new card:
After online signing, transaction submission, duty-paid transfer and second-hand house transfer registration, the real estate transaction registration center will issue a new real estate license.
Nine, archiving:
The transaction registration department shall deliver the files to the municipal real estate archives for filing, filing and providing use.
X. Commitment:
Real estate mortgage registration refers to the mortgage of real estate and related rights and interests to banks at a certain right value. After establishing a relationship with the borrower, the bank shall provide relevant information to the real estate registration authority to register other real estate rights.
Mortgage registration fee: mortgage registration fee of 80 yuan/set.
XI。 Commitment:
Pledge refers to the issuance of other property warrants after the registration of real estate mortgage.
Interpretation of the term "other rights": other rights of real estate refer to the rights related to the real estate enjoyed by other groups except the property owner and the owner, usually referring to the mortgage, and the certificate of other rights is held by other owners. When purchasing a general house, when choosing a mortgage loan, there will be a record of other rights on the house ownership certificate, which will indicate the obligee of other rights, the type of rights (mortgage), the scope of rights (the house scope of other rights), the value of rights (the contract price of other rights), the term of rights (the term agreed in the contract) and the date of cancellation (the date when other rights disappear), and these contents will also be indicated on the certificate of other rights. According to the "Guarantee Law", the mortgage of real estate means that the right to dispose of real estate is restricted, and legal transactions cannot be conducted without the consent of the mortgagee, and relevant procedures such as property transfer cannot be handled.
Twelve. Approve provident fund loans
The provident fund management center examines and approves loans according to the mortgage loan contract between the bank and the purchaser provided by the purchaser (commercial loans do not need provident fund loan examination and approval).
Thirteen. Loan:
According to the house sales contract provided by the buyer and the mortgage loan contract signed by the bank and the buyer, the real estate mortgage registration is carried out, and the real estate ownership certificate is obtained, and the loan funds are directly transferred to the seller's account in the designated bank.
Note: At present, insufficient bank quota will delay the loan appropriately, depending on the bank quota; The provident fund is not affected by the bank quota.