According to the law, the mortgagor should obtain the consent of the mortgagee when disposing of the mortgaged property, that is to say, the mortgaged property can be traded, but according to the law, it should be approved by the bank. However, in our daily transactions, it may be easy to ignore this problem. In the second-hand housing transaction, many properties are mortgaged. When we were trading, neither the intermediary nor the buyer and seller considered the need to obtain the consent of the bank. We need to know that when dealing with mortgaged property, a necessary step is to cancel the mortgage. As the name implies, to remove the mortgage is to remove the mortgage. Here, we take a more direct approach. According to the law, the sale of mortgaged property requires the consent of the mortgagee's bank, so after we pay off the loan of the house, the bank will automatically lose the status of the mortgagee. So after paying off the loan, the bank will issue a loan settlement certificate, and we will take this certificate to the housing management department to understand the mortgage procedures. At this time, the real estate traded belongs to complete property rights, and there is no burden of defects, so you can trade with confidence. Here, lawyers remind everyone that when selling or buying mortgaged properties, we should consider the issue of mortgage payment. Because of the existence of high leverage, mortgages often account for a large proportion, and paying for decompression is a great burden for both buyers and sellers.

Second, the second-hand housing transaction buyer can unilaterally cancel the mortgage loan?

You can still get a loan if you have a mortgage, because the house can be mortgaged twice. The second mortgage is more convenient than the first mortgage, and the loan speed is faster, but the interest rate is higher. The requirements are as follows: 1. The house used for secondary mortgage must be an existing house; 2. The property has been registered as a mortgage, and the handling bank is from housing mortgages; 3. The real estate license is managed by the customer himself; 4. The loan balance of the second mortgage amount of the property is lower than 70% of the current house price; 5. The borrower has full capacity for civil conduct, stable income and good credit; 6. The property should be high-quality housing and commercial housing with great market development potential. Although two mortgage has effectively increased the amount of loans, it should be noted that there should be some loanable space for housing in two mortgage. In other words, if the amount of the first loan only reaches 30% of the assessed value of the mortgaged house, it is undoubtedly possible to choose a second mortgage.

3. Can I buy a second-hand house by mortgage?

A second-hand house with a mortgage can be bought. If you are worried about the risk, you can ask the landlord and the bank to make an appointment to repay the loan, to ensure that the down payment is really used to repay the landlord's loan, or to issue a cash promissory note to the bank to repay the loan with the landlord to avoid the risk. It is suggested that after the mortgagor settles the bank loan and the mortgage disappears, the ownership transfer transaction should be carried out to prevent the mortgage from being infringed.

Matters needing attention in buying second-hand houses 1. Whether the property right is reliable: it is necessary to pay attention to whether the name on the property right certificate is consistent with the owner, the nature and content of the property right, including the area, address, the distribution ratio of the standard house, etc. At the same time, we should also check the original and check the authenticity of the property right certificate.

2. Is the land situation clear? Second-hand housing buyers should pay attention to the nature of land use, whether it is allocated or sold. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house.

3. Whether there is a private building: Pay attention to whether it occupies public space, whether it changes the internal structure of the house, and whether there are structural changes involving area calculation. These factors should be taken into account when purchasing, and the excess area should be excluded from the calculation of house prices.

4. Is there any impact of municipal planning? Some homeowners may have learned that the second-hand houses for sale are planned, or that high-rise buildings will be built near the houses, which may affect the municipal planning such as lighting or price. Therefore, as a buyer, you should fully understand when purchasing.

5. Confirm the accurate area of the purchased second-hand house: the building area is generally indicated on the property certificate, and the buyer also needs to know the usable area and the actual indoor area.

6, carefully observe the internal structure of the house, pay attention to whether the apartment is reasonable, whether there are too many pipelines, whether the second-hand house is decorated, and the landlord needs to provide the internal structure of the house for future decoration.

7. Is the contract clear? Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clarify some details, such as the contract subject, rights protection, house price, transaction method, liability for breach of contract, settlement, signing date and so on.

8. Inquire about the management level of the property, including the content and level of providing services, the level of security, cleaning and greening, and the management of basic living facilities.

9. Investigate the supporting facilities of the house: mainly including water, electricity, gas and heating.

4. Can I buy a second-hand house with a mortgage loan?

; According to the law, the mortgagor should obtain the consent of the mortgagee when disposing of the mortgaged property, that is to say, the mortgaged property can be traded, but according to the law, it should be approved by the bank. However, in our daily transactions, it may be easy to ignore this problem. In the second-hand housing transaction, many properties are mortgaged. When we were trading, neither the intermediary nor the buyer and seller considered the need to obtain the consent of the bank. We need to know that when dealing with mortgaged property, a necessary step is to cancel the mortgage. As the name implies, to remove the mortgage is to remove the mortgage.

Here, we take a more direct approach. According to the law, the sale of mortgaged property requires the consent of the mortgagee's bank, so after we pay off the loan of the house, the bank will automatically lose the status of the mortgagee. So after paying off the loan, the bank will issue a loan settlement certificate, and we will take this certificate to the housing management department to understand the mortgage procedures. At this time, the real estate traded belongs to complete property rights, and there is no burden of defects, so you can trade with confidence. Here, lawyers remind everyone that when selling or buying mortgaged properties, we should consider the issue of mortgage payment. Because of the existence of high leverage, mortgages often account for a large proportion, and paying for decompression is a great burden for both buyers and sellers.