You can sell it, but you can't buy or sell it directly before the loan is repaid. First of all, you need to apply for the documents of the house, including the real estate license and land certificate. The following methods can be adopted: 1. Mortgage: In the sale of second-hand houses, it is popular to sell or transfer personal housing to a third person, apply for personal housing loan to change the loan term, change the borrower or change the collateral. 2. Pay off the remaining loan with the buyer's down payment: this is the most widely used mode in second-hand housing transactions at present. This method is suitable for the case that the original owner's loan amount is low or the remaining loan amount is small after a large amount of repayment. 3. Use bank loans to pay off the remaining loans. If the seller wants to pay off the loan before selling the property or the buyer is optimistic but unwilling to buy the property with outstanding loan, this method can be adopted. Secondly, go to the bank to pay off the loan and get his warrant back. Then, take other warrants to the Housing Authority for cancellation. Finally, according to the procedures stipulated by the local housing management department.

Legal basis:

Article 38 of the People's Republic of China (PRC) Urban Real Estate Management Law The following real estates may not be transferred: (1) The land use right obtained by transfer does not meet the conditions stipulated in Article 39 of this Law; (two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law; (three) to recover the land use right according to law; (four) without the written consent of other people, * * * owns real estate; (five) the ownership is controversial; (6) Failing to register according to law and obtaining the ownership certificate; (seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.

Can a mortgaged house be sold?

A mortgage house is a house whose loan has not been paid off, so you need to know clearly when buying it. Can a mortgaged house be sold? PChouse, let's take a look.

Houses with mortgage loans can be sold. First of all, it needs to be clear that houses with outstanding loans can be bought and sold, but the premise is that they must have obtained nationally recognized housing warrants, because second-hand housing transactions require real estate licenses.

If you have bought a house with a loan, but the house is still under construction, you can transfer the house by changing the name of the contract. You need to negotiate with the developer first. After obtaining the consent, you can cancel the original contract for filing first, and then let the buyers and developers re-sign the contract and file it.

There are two ways:

1. The transaction is conducted by sub-mortgage, and the debts of the seller shall be borne by the buyer.

2. By settling the loan in advance, the seller can settle the loan in advance and then trade with the buyer after completing the mortgage cancellation procedures.

Can a house with a mortgage be sold?

Can a mortgaged house be sold?

Houses that are still mortgaged cannot be sold, because it is necessary to ensure that when the Housing Authority handles the transfer procedures, the houses cannot be mortgaged. If you want to sell a house, you need to pay off the loan first, let the house go, and then cancel the mortgage at the Housing Authority. After you get the real estate license, you can buy and sell in the market, and then you can go through the transfer formalities. We can refinance the mortgage, or the buyer can pay off the remaining loan, or you can pay it off before trading.

How much is the house mortgaged?

1. If the house is in the process of mortgage and you want to sell it, there are two situations. One is that if you have money, you can pay off the loan first, and you can choose to repay it in advance. After paying off the remaining principal, a settlement certificate will be issued. You can go to the Housing Authority to cancel the contract and go through the transfer formalities with the buyer.

2. If we have no money to repay the loan, we can ask the buyer to pay off the remaining house payment first, then cancel the house mortgage, and finally handle the transfer. If the buyer also borrows money, it also needs the bank's approval before it can refinance.

3. If the bank is not allowed to refinance the mortgage, as a seller, you can find a formal guarantee company, and after the mortgage relationship of the original house is lifted, you can trade normally, but you need to charge a certain fee.

4. You can also find a formal intermediary company to pay off the loan in the form of buyer's advance payment. You also need to go to the notary office for notarization, and you need certain procedures.

Can a mortgaged house be sold?

Houses with outstanding mortgages can be bought and sold.

According to the provisions of Article 38 of the Urban Real Estate Management Law, the following real estates may not be transferred:

(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;

(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(three) to recover the land use right according to law;

(four) * * * has the property right of the house without the written consent of others;

(five) the ownership is controversial;

(6) Failing to register according to law and obtaining the ownership certificate;

(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.

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Can a mortgaged house be sold?

The mortgaged house can be sold with the consent of the mortgagee. Since the bank has not fully recovered the loan and loan interest, if the owner transfers the collateral, it will inevitably affect the realization of the bank's creditor's rights. Therefore, the mortgagor is generally required to settle the bank loan after the mortgage right is eliminated and transfer the house to others.

legal ground

Article 406 of the Civil Code

During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.