A Study On The Registration Of Changes In Real Estate Rights In Judicial Auctions

In our country,the acquisition of the real right of the real estate traded through judicial auction is different from the general principle of publicity of real rights.therefore,whether the real estate of judicial auction can be transferred in time and whether the change registration can be made public smoothly,it directly affects the realization of the buyer’s right of re-disposition of the real estate after the transaction of the judicial auction of the real estate.This paper probes into the problems of the payment of taxes and fees involved in the registration of the change of ownership of the real estate after the judicial auction,such as the identification of the subject of tax and fee payment,whether the transfer clause of tax and fee is reasonable and legal,and the calculation method and standard of the amount of tax and fee payment,etc.,and sort out the background and purpose of the local purchase restriction policy from the restrictions and resistance to the transfer of ownership of "foreclosure" in the restricted area of real estate purchase.Based on the analysis of the market performance and social influence of "foreclosure" in the current real estate market,this paper discusses the restrictions of the local purchase restriction policy on the acquisition of the real right of "legal auction house" and the public behavior of changing registration,which reflects the impact of the instability of the local purchase restriction policy on judicial power.The above practical problems reflect the lack of relevant legal norms and procedures in the publicity of the change of real right after the completion of the judicial auction of real estate in our country.It reflects that a unified and coordinated cooperative linkage mechanism has not been formed between judicial and administrative departments in the transfer of real estate in judicial auction,which can not provide effective legal support for the solution of the above problems.Therefore,it is urgent to improve the relevant legislation on the registration of the change of a real right in the judicial auction of real estate.It is also urgent to improve the registration procedure of the change of real right in the judicial auction of real estate,standardize the duties and rights of all participants,strengthen the pre-auction review of real estate and the examination and release of the contents of the announcement.At the same time,it is suggested that combined with social practice,social professional forces should be introduced to make up for the deficiency of court work,and the due diligence service of judicial auction of real estate should be carried out in order to reduce the risk in the registration of change of real right;insurance mechanism is introduced to ensure the security of registration of change of real right after the transaction of judicial auction of real estate.