Foreclosure house, the full name of court auction house, refers to a house that is forced to be auctioned by the court. Generally speaking, when a homeowner is unable to repay a bank mortgage loan or is unable to repay a debt, the creditor goes through judicial procedures and requests the court to auction the house under his name and use the auction price to pay off the debt. In addition, houses that are judicially auctioned are also foreclosure houses. Foreclosure homes are generally sold at a price lower than the market price, and buyers can purchase them.
Transfer process:
Unlock the property: Find the contact information of the court from Taobao, contact the court, and download the relevant documents of successful auction from Taobao, and go directly to the court with the documents. Request that the property be unsealed. Generally, after paying the full payment of the property, you can go to the court to go through the unsealing procedures.
Real estate release: Auction houses are generally mortgaged with private individuals or institutions. Because they are overdue, they will be sealed by the court. Therefore, after the seizure is resolved, you still have to go to the corresponding housing authority, archives bureau, real estate bureau, etc. to release the property.
Pay taxes: Foreclosure houses are the same as second-hand house sales, and you need to pay deed tax, business tax, personal income tax and other related taxes. Therefore, it is necessary to find out the previous transaction information of the property and the original owner’s house information.
Transfer: After paying various taxes and fees, the transfer procedures will be carried out based on all documents (auction success documents, court unsealing documents, tax payment vouchers, etc.).
Cost:
Normal foreclosure houses generally only have deed tax and personal tax.
Deed tax: 1% for first house less than 90 square meters, 1.5% for more than 90 square meters and less than 140 square meters, 2% for more than 140 square meters, 2% for second house, 3% for third house and above.
Personal tax: No matter how many houses there are, the personal tax is 3%.
Legal basis: Article 250 of the "Civil Procedure Law": For forced eviction of a house or forced withdrawal of land, the president shall issue an announcement ordering the person subject to execution to perform within a specified period. If the person subject to execution fails to perform within the time limit, enforcement will be enforced by the execution officer.
During compulsory execution, if the person subject to execution is a citizen, the person subject to execution or his adult family member shall be notified to be present; if the person subject to execution is a legal person or other organization, his legal representative or principal responsible person shall be notified. turn up. Refusal to be present will not affect execution. If the person subject to execution is a citizen, his or her work unit or the grassroots organization where the house or land is located should send people to participate. The enforcement officer shall record the enforcement situation in a record, which shall be signed or sealed by the person present.
The property that has been moved out of a house due to forced eviction shall be transported to the designated place by personnel sent by the people's court and handed over to the person subject to execution. If the person subject to execution is a citizen, the property can also be handed over to his adult family members. The loss caused by the refusal to accept shall be borne by the person subject to execution.