Second -hand housing "Bringing the transfer" survey: It is difficult to operate many conditions, and the intermediary claims that there are not many cases of execution cases

China Times (chinatimes.net.cn) reporter Li Beibei reporter Dong Hongyan Beijing report

Since mid -August this year, more than ten cities across the country have issued a policy of "transferred" in second -hand houses.

On September 21, the Guangzhou Branch of the People's Bank of China recently issued the "Notice on Encouraging the Promotion of" Taking the Tour "model" to encourage and promote the promotion of second -hand housing "transferred transfer". Promoting the "transfer of transfer" requires both convenience and funding security, and at the same time encourage the actual exploration of the "transfer transfer" model. "On September 23, Hefei Real Estate registered said that second -hand housing transactions could be" mortgaged ", and the" transferred transfer "policy added another city.

The reporter recently interviewed the actual implementation of the policy of "transferred" in 7 cities. It was learned that although the policy call was high, the current policy release time is still short, and it takes time to implement the business. There are fewer banks that can be implemented. In addition, there are many requirements for the restrictions of transaction processes. It must fully meet the conditions to perform, and there are very few cases that actually reach operations.

Regarding the hidden risk of this policy, some cities have begun to propose solutions. According to the analysis of lawyers, there are the "Property Law" in the past and the "Civil Code". The transactions before and after the release time of the Civil Code were different in the execution of real estate mortgages.

All localities have launched the "transfer of transfer" policy

Relevant national departments have repeatedly emphasized the flexible use of the "one city, one policy" credit policy to support rigid and improved housing needs. Relevant policy tool boxes have been opened throughout the country. As of September 23, 2022, more than ten cities have issued a "transfer of transfer" policy.

The policy of "carrying transfer" is not a recent innovation measure. It is reported that in January this year, Zhuhai has first launched the "transferred transfer" policy in the country; on August 17, Jinan announced the launch of the new registration model of "transferred transfer" for second -hand houses, which has aroused widespread social attention; September On the 21st, media sources said that the Guangzhou Branch of the People's Bank of China issued a document on branches and commercial banks in Guangdong's jurisdiction to encourage the promotion of second -hand housing "transferred" model. It is reported that this is currently the first official document that clearly encourages the promotion of "transfer". On September 23, Hefei and other cities also announced the joining the team of "transferred".

Although the policies of various localities involve "transferred transfer", the specific situation of the policy release is different. From the perspective of policy release, before Guangzhou, the main body of various cities was mostly government, real estate registration centers, and judicial bureaus. After Guangzhou joined, the banking institutions attracted much attention as the policy release. The policies issued are relatively simple. Some cities have not even announced the content of the policy. They only announce the results and specific operation processes of the policy implementation. The policy content released later is relatively detailed and comprehensive. For example, Shenzhen and Guangzhou's policy not only proposes to implement " The model of bringing transfer "also proposed to consider policy risks, and mentioned measures to" introduce notarization ".

On September 21, Chen Wenjing, director of market research director of the Index Division of the Central Independence Research Institute, said in an interview with the reporter of the Huaxia Times that since this year, the national real estate policy environment has been continuously optimized, but the policy effect is not obvious. The substantive recovery, market expectations and confidence are still weak. While saving the cost of capital, the "transfer of transfer" can also improve the efficiency of second -hand housing transactions, which is conducive to stimulating the vitality of transaction in the second -hand housing market and promoting housing consumption. It is expected that more cities will follow up in the future.

On the same day, Chen Sheng, the dean of the China Real Estate Data Research Institute, pointed out in an interview with the reporter of the Huaxia Times that the policy of "withdrawal" can activate the transaction of second -hand housing. After the policy brings convenience to the seller, the seller can sell as soon as possible as soon as possible The funds obtained by the house are invested in the purchase of a new house, which in turn drives the overall real estate market.

No need to borrow "bridge funds" no longer need to be high -cost

"Bringing transfer" means that when buying and selling second -hand housing, the seller does not need to return the original mortgage to complete the transfer registration. The buyer can bring the mortgage transfer to get financial loans. Many parties believe that there are many benefits to the policy of "transferring transfer", which can be described as time -saving, effort and money.

According to a reporter from a real estate industry to the reporter of the Huaxia Times, the traditional second -hand housing transaction process is to repay the mortgage mortgage by the seller's own money or the buyer's purchase payment is not settled to achieve the "transfer of the transfer". "Pay first, get other claims, record online, transfer to the government center, and issue a new certificate. After the households are completed, you need to get it again before lending. The bank loan is transferred directly to the landlord's account." Industry insiders introduced.

"If both funds are insufficient, they must borrow money from the institution to cross the bridge." Some institutions' "crossing the bridge" fees are eight percent of the amount borrowed. "The industry in the industry added. If the house seller borrows 1 million yuan of funds to "cross the bridge" and the borrowing time is 30 days, it will generate a "bridge" fee of 24,000 yuan. The longer the borrowing time, the more costs incurred.

Liu Guo (a pseudonym) who had betrayed the second -hand house told the reporter of Huaxia Times on September 22 that the procedures were cumbersome at the time, and the whole process took more than a month.

In accordance with the original intention of the "transfer of transfer" policies in various places, this operation can not only save cumbersome processes, but also save capital costs and shorten the processing time. For example, according to the announcement issued by Nanjing Real Estate, in Nanjing's "transfer of transfer" model, related transactions only need to apply once, and the mortgage changes, transfer registration, and mortgage establishment of three businesses can be performed in one window. There are not many cases that can reach the execution conditions

However, as far as the implementation of various places, the policy effect has not been fully manifested. For the implementation of the policy, a reporter from the Huaxia Times interviewed a number of agencies and bank staff from September 23rd to 24th. It was found that banks that could execute the policy were relatively limited. The execution did not highlight the advantages in terms of timeliness, and some banks also need to charge a certain fee.

An intermediary person in Zhuhai told the reporter of Huaxia Times that at present Zhuhai Construction Bank can do "withdrawal", can only be transferred to peers, and it takes about 1 month to apply. However, he also said that it takes almost the same time not to do "transfer".

The credit manager of Zhuhai Construction Bank told the reporter of the Huaxia Times that the buyer's loan needs to be done at the Construction Bank. At present, it is not required to do it at the same branch. In addition, the guarantee fee is required, and the guarantee fee is four thousandth of the seller's loan amount. The reporter calculated that if the loan amount of 1 million yuan was calculated, the guarantee fee was 4,000 yuan.

A intermediary in Fuzhou told reporters that only the construction bank and CITIC Bank can do it, and other banks are not good. At present, only a few can apply for "transferred", and there are few successful cases. It is necessary to meet the requirements of the buyer's loan amount greater than that of the householders' decompression, full commercial loan, and consistent trading loan banks. At present, only one case he has seen is successful.

An intermediary personnel in Nanjing told reporters that according to their knowledge, CCB can currently run this business, but "bringing transfer" also has a hard requirement: buying a house is a pure commercial loan; The amount of repayment of housing is sold; According to the processing time of the trading of the trading, the intermediary mentioned: "Nanjing does not charge related businesses, but it may be longer than not being used for transfer."

Except for some cities such as Zhuhai, Nanjing, and Fuzhou, the policy of most cities across the country has not been fully implemented. A staff member of Guangzhou told reporters that the policy may be implemented at the end of September. Hainan intermediaries said that although the policy was announced, the implementation has not yet been implemented. A credit manager of Nanjing Minsheng Bank told reporters that there is indeed this policy at present, and it should be implemented without formal issuance. It should be implemented soon. A loan manager of Bank of China China said that he had heard of this policy, but he has not yet published it.

Is there a risk of not defining creditors?

"The buyer and the seller don't have any risks, but saves the cost of transaction, and the risks are all in the bank." On September 21, a intermediary in Guangzhou told reporters. A credit manager of Zhuhai Construction Bank said "there is no risk, and the process can be faster."

On September 24th, a loan manager of Beijing Postal Savings told the reporter of Huaxia Times that there is currently no such business in Beijing. However, he believes that there is difficulty in the operation of "transferred". He believes that this operation is equivalent to directly changing the lender. In this way, there will be a problem that the creditors are not easy to define, which is more "laborious." He said that the loan of housing was not paid off. The creditor's rights were loan banks. If the buyer's loan bank re -made the mortgage loan, there would be a defined problem, and the risk was great. He believes that in fact, under the supervision of the house intermediary, the client's prepaid payment is repaid, the operation is not difficult, and the risk is small.

On September 23, a senior lawyer Peng Yanjun analyzed the reporter of the Huaxia Times that the policy of "withdrawal" is in line with the spirit of the Civil Code and has a legal basis. Peng Yanjun mentioned that before the promulgation of the Civil Code, the "Property Law" adopted the position of prohibiting mortgagers from transferring mortgage property. After the implementation of the Civil Code, the "Property Law" was abolished. Position of property.

However, Peng Yanjun also said that "with the transfer of transfer" during the implementation process, both buyers and banks had certain risks. "The risk of the buyer is mainly because the house may be seized during the transaction. During the transaction, if the seller cannot repay the due debt, the bank has the right to ask It was forced to terminate the sales contract, "Peng Yanjun analyzed.

Peng Yanjun said that the bank also had certain risks in the process of implementing the policy. "The risk of banks is that the realization of the mortgage right is threatened. In the case of the unreported mortgage, based on the honesty trust of the original mortgagor, the sale auction of the mortgage can usually be performed smoothly. You can chase the mortgage, but because the new buyer refuses to cooperate, it often threatens the smooth realization of the mortgage owner's mortgage. "

Peng Yanjun also analyzed the key to the successful implementation of the "transfer of transfer". He believes that after the implementation of the Civil Code, the key to the successful implementation of the "transfer" is whether there is a restriction on the transfer of mortgagers to prohibit the transfer of mortgage property. "If the parties have another agreement, in accordance with its agreement," that is, if the parties clearly stipulate that the person who does not agree with the mortgage in the mortgage contract shall not transfer the mortgage property, it allows the parties to agree to restrict this freedom. In this case, as the mortgagee disagree, the bank's party can not do "transferred". The successful implementation of the "transit" depends on the specific time node of the mortgage registration. Peng Yanjun said that if the real estate registered in mortgage registration before the implementation of the Civil Code, the "Civil Code" wants to transfer after the implementation of the Civil Code, it will still be restricted by the consent of the mortgagee. For the real estate registered in the "Civil Code" before the implementation of the Civil Code, if the mortgage is transferred during the mortgage period, the transfer registration is not approved by the mortgagee.

However, it is worth noting that Shenzhen, Guangzhou and other places have controlled the risks of "transferring transfer". Among them, the Judicial Bureau of Shenzhen Pingshan District proposed the "notarized deposit+exit of redemption buildings" model. The relevant policy documents in Guangzhou said that after the "transferring transfer" for second -hand housing for cross -banking rooms may generate property rights, the risk of bank mortgage rights and the ultimate transaction can be reached. Business risk.

Editor -in -chief: Zhang Bei Editor: Zhang Yuning

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