Mortgaged houses can be sold and belong to second-hand housing transactions. It is necessary to negotiate with the bank first. It can be sold if there is no problem, but it should be sold according to the transaction process of second-hand houses. When transferring, you should sign a contract first and reserve a part of the deposit fee. After the house is transferred to the property certificate, the transaction can be completed.
Banks usually stipulate that loans for less than one year should pay liquidated damages, and loans for more than one year should not be paid. The seller can use the down payment paid by the buyer to go to the bank to repay the loan in advance, go through the mortgage formalities, and then handle the transfer.
First, the mortgage is only for one year. If you want to sell your house, there are three ways to sell it:
1, remortgage
Mortgage refers to selling or transferring one's house to a third person, and the third person reapplies for a personal housing loan from the bank, changing the loan term, changing the borrower or changing the mortgage loan, which is the simplest and most direct transaction mode of mortgaged house.
The specific process is:
First, the buyer and the seller sign the house sales contract, then the buyer and the lawyer sign the security guarantee contract for the sub-mortgage transaction, and then the buyer pays the seller 30% or the agreed down payment.
The seller applies to the original loan bank (called Bank A) for prepayment, and obtains the confirmation letter issued by Bank A. After receiving the bank's opinion of agreeing to prepayment, the seller delivers the house to the buyer, and the buyer applies to Bank B with the house sales contract, and submits relevant information such as the nature of the house and the lender's repayment ability recognized by Bank B before the loan can be started.
The bank loan is directly transferred to the seller's account. After the seller repaid the loan from Bank A with this money, he released the house property and delivered it to the buyer. He will handle the transfer with the buyer and lawyer and mortgage the property to the buyer's loan bank.
The seller ended the ownership of the house, and the buyer began to have the right to use the house and began to repay the loan. After the loan is repaid, the property will be released and owned.
Note: Different banks have different regulations on the way of refinancing. Some banks can handle it, and some do not accept it. Generally, remortgage is handled through intermediary companies. So if you want to solve the housing transaction problem in this way, you can consult the intermediary company in advance.
2. Pay off the remaining loan with the buyer's down payment.
Note that the premise of this method is that the seller has little remaining loan or the buyer has enough funds to pay the down payment. For example, the loan 1 10,000, leaving 400,000. If the buyer can pay a down payment of 400,000 yuan, then the buyer and the seller can solve the transaction problem and easily release the property from the bank for the second transaction.
The specific process is:
The seller applies to the loan bank for early repayment, and the buyer pays the remaining repayment amount of the seller as the down payment, and signs a house sales contract, and the guarantee company must be present to witness it.
The seller goes to the loan bank for prepayment, deposits the full amount into the repayment account in advance, and goes to the loan bank for settlement.
The post-loan management center of the bank issues mortgage cancellation materials to cancel the original owner's house, and the seller cancels the mortgage at the real estate registration center where the house is located, and the seller owns the house.
The buyer and the seller continue to handle the remaining house sales procedures.
3. Use other collateral to mortgage the loan to the bank and pay off the remaining mortgage.
If the buyer is unwilling to pay the down payment to help the seller release the property, the seller can also use his other collateral, such as other cars and houses, to mortgage the bank and get a certain loan to repay the mortgage. This is a bit like robbing Peter to pay Paul, but it is still a way. Pay off the mortgage, cancel the real estate, complete the transaction with the buyer, get the money paid by the buyer, cancel the collateral, and finally complete the whole transaction process.
Second, do you have to pay taxes on selling a house? What taxes should I pay for selling a house?
1, selling a house needs to pay taxes, and the taxes that the seller has to bear in the transaction include business tax, personal income tax and stamp duty. Among them, business tax and personal income tax account for the bulk of taxes and fees, value-added tax is paid at the rate of 5%, and personal income tax is paid at the rate of 20% of the profit from real estate transactions or 1% of the house price. However, if it meets a certain purchase period and is the only housing transfer, these two taxes and fees can be reduced or exempted. Value-added tax needs to be purchased for 2 years and personal income tax for 5 years. Value-added tax: individuals who sell houses that have been purchased for less than 2 years pay value-added tax in full at the tax rate of 5%; Individuals who purchase houses for more than 2 years (including 2 years) for external sales shall be exempted from VAT.
2. Personal income tax: for the intermediary fee of individuals, if the second-hand house is sold through an intermediary, the intermediary fee should also be paid. The general transaction price is 1%-3%, depending on the intermediary's charging standard. Deed tax, deed tax for the first suite: area ≤90 square meters, deed tax rate1%; With an area of over 90 square meters, the deed tax rate is 1.5%. Deed tax for the second apartment: the area is less than 90 square meters, and the deed tax rate is1%; The area is more than 90 square meters, and the deed tax rate is 2%. Note: Beijing, Shanghai, Guangzhou, Shenzhen and other four cities enjoy the above-mentioned deed tax policy for the first suite when purchasing ordinary housing, and the deed tax rate for the second suite, non-residential and non-ordinary housing is 3%. Income from houses that have lived for more than 5 years and are the only living rooms for families will continue to be exempted from personal income tax.
3. Urban construction tax and education surcharge: urban maintenance and construction tax, education surcharge and local education surcharge are exempted, because the tax basis is the value-added tax paid by taxpayers when transferring real estate.
4. Stamp duty: individuals selling or buying houses are temporarily exempt from stamp duty.
5. Land value-added tax: individual housing sales are temporarily exempted from land value-added tax.
Legal basis:
Measures for the administration of commercial housing sales
Thirtieth real estate development enterprises shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyers on schedule. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract.
If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.