Legal analysis: If it can be sold, it can be traded normally as long as it applies to the loan bank for early repayment, obtains other warrants and goes to the Housing Authority for mortgage cancellation. If there is no money to repay in advance, you can also use the down payment of the buyers to repay. If you use a deposit account, you can use the buyer's more money to repay. It is common to borrow money to sell a house.

Legal basis: Article 406 of the Civil Code of People's Republic of China (PRC). 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.

Is there a loan for selling a house?

If the house has a loan to sell, it can be sold in the following ways:

1. Mortgage refers to the sale or transfer of personal housing to a third person, and at the same time, apply for a loan to change the loan term, borrower or real estate.

2. Pay off the remaining loan with the down payment of the buyer: this method is suitable for the situation that the original owner's loan amount is low or the remaining loan amount is not large after a large amount of repayment. Usually, the buyer will recognize the down payment of 30% to 40% of the total turnover of the property, and the seller can pay off the remaining loan with the down payment of the buyer, and then cancel the mortgage registration of the property and make the next transaction.

3. Use the bank loan to pay off the remaining loan: 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.

But the premise is that the homeowner can apply for a loan only if he has collateral (such as other real estate) recognized by the bank. In this way, the homeowner can lend a certain amount of money to the bank through mortgage loan to repay the real estate loan he wants to sell, thus contributing to the success of the transaction.

Matters needing attention in buying a house with a loan:

1. Verify real estate information.

Before buying a house, buyers must go to the local housing management department to inquire about the loan and seizure of the house. You can't simply communicate with your host, you should master the method and get the correct source of information.

Property buyers can go to the Housing Authority to check the books and see if there are any outstanding loans under the name of the house. Specifically, it is to verify the ownership of real estate by taking any one of the conditions of real estate address, land number, real estate certificate registration number and real estate certificate number as the index.

2. Pay attention to the safety of funds

Generally, when buying a house without repayment of the loan, the seller will let the buyer repay the mortgage first. If the buyer doesn't trust the seller and is worried about the safety of funds, he can trade through a third-party supervision account instead of the seller's personal account.

If the seller is tough, afraid of trouble and refuses to supervise the funds, and the buyer wants to help contribute, then he would rather spend money to find a third-party company to contribute, and the third-party company will investigate and evaluate the reliability of the owner, so as to spend some money to transfer the risk.

3. Register in advance to prevent one room and two sales.

Advance notice registration is to prevent buyers and sellers from signing a house purchase contract, but the transfer has not yet been handled. During this period, the property right certificate remains in the hands of the seller, and the owner can still mortgage the house secretly. After the advance notice registration is completed, the owner has no right to mortgage or guarantee the house or change the owner of the house without the consent of the purchaser.

Can the house with loan be sold?

Houses with outstanding loans can be bought and sold, but the premise is that they must obtain the nationally recognized house ownership certificate, because the second-hand housing transaction is based on the real estate license. Houses with outstanding loans can be transferred in three ways if they have obtained real estate licenses:

1, remortgage

In other words, it is a simple and direct transaction method 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 method is suitable for the situation that the original owner's loan amount is low or the remaining loan amount is not large, and it is widely used in the second-hand housing transaction at present.

3. Use bank loans to pay off the remaining loans.

If the buyer is unwilling to contribute to help the seller pay off the loan, the seller can choose to use the bank loan to pay off the remaining loan, but only if there is collateral recognized by the bank. If it meets the requirements, the seller can lend a certain amount of money to the bank by way of mortgage, which can be used to pay off the loan of the transaction house and lift the mortgage of the property, thus facilitating the transaction.