How to check out in mortgage to buy a house?
Buying a house with a loan is becoming the most popular choice, but some friends want to check out after buying a house with a mortgage loan. Compared with buying a house in full, this check-out procedure is relatively complicated, so what procedures should mortgage to buy a house take to check out, what legal issues should be paid attention to when checking out, and what matters should be paid attention to when checking out by mortgage? The Contract Law stipulates that in any of the following circumstances, the parties may terminate the contract: the purpose of the contract cannot be achieved due to force majeure; Before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged; The Contract cannot be realized due to the delay in performance of debts or other breach of contract by both parties; Other circumstances stipulated by law. It can be seen that as long as the developer has the above situation, such as serious overdue delivery or poor quality. , and meet the termination conditions stipulated by law or agreed in the purchase contract, the buyer may terminate the purchase contract according to law. Return the mortgage loan to cancel the mortgage, and divide the house payment that the developer should return into two parts, of which the part that belongs to the down payment of the buyer is directly returned to the buyer. For the part borrowed by the buyer from the bank, the buyer will negotiate with the bank to repay the remaining loan principal and interest to the bank in advance (part of the principal and interest has been repaid monthly before), and it is deemed that the buyer has repaid the loan to the bank in advance. According to Article 30 of the Measures for the Administration of Individual Housing Loans of the People's Bank of China: "After the mortgagor or pledgor pays off all the loans as agreed in the contract, the mortgage or pledge will be returned to the mortgagor or pledgor, and the loan contract will be terminated", so as to accept the repayment and terminate the loan contract. After the termination of the loan contract, the mortgage right is extinguished, and the parties concerned shall go through the relevant procedures for canceling the mortgage registration.
What's the procedure for checking out in mortgage to buy a house? In the process of buying and selling second-hand houses, due to different defaulting parties and different stages, the check-out procedures are also different: in the down payment (down payment or down payment) stage, the sales contract between the two parties has not yet been established. Strictly speaking, there is no problem of checking out, but actually a problem of refunding the deposit. The contract has been signed, but it has not been actually performed. In this case, if one party wants to check out, it must first negotiate with the other party to see if an agreement can be reached. If both parties reach an agreement, it shall be expressed in writing and a formal agreement shall be signed to terminate the contract. After the two parties reach an agreement, if either party fails to perform the contents of the agreement, the other party has the right to require it to perform, or it may require the other party to perform through litigation or arbitration. If one of the buyers and sellers breaches the contract and cannot reach an agreement, then if the buyer claims to terminate the contract, it shall notify the other party. When the notice reaches the other party, the contract will be terminated. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract.
What details should I pay attention to when checking out in mortgage to buy a house?
The contract has been signed and partially fulfilled. After the buyer and the seller signed the contract, the buyer has paid the house price and moved in, but the real estate license has not been processed yet. At this stage, the termination of the contract is due to the reasons of the buyer and the seller. This stage meets the above requirements, but it also involves problems such as property, decoration loss and moving out time. If the seller breaches the contract, the decoration loss shall be assessed and determined by the real estate appraisal agency, and the buyer shall also sign a contract with the property management company to terminate the property management. If no agreement can be reached, the buyer may bring a lawsuit to the court or an arbitration institution or apply for arbitration. At the stage when the real estate license is completed, the ownership of the house has been transferred. Unless there is an agreement in the contract, the buyer can't return the house in general. If the seller has handled the real estate license for the buyer, but the seller or the intermediary company has advanced the funds, and the buyer refuses to perform the payment obligation as agreed in the contract, the seller may propose to terminate the contract and ask the buyer to return the house and bear the corresponding losses. In addition, serious quality problems can also be checked out after the real estate license is completed. In this case, both parties need to go to the real estate license issuing authority to handle the transfer or cancellation procedures of the real estate license. For friends in mortgage to buy a house, if you have the idea of checking out when buying a house, it is recommended to see if you meet the conditions for checking out first, and know what penalties will be imposed if you check out, so as to be prepared.
In Bian Xiao's article above, I told you how to handle the mortgage loan to buy a house. The situation in the real estate market is different, and local governments may have corresponding regulations. I hope everyone can understand clearly in practice.