Second-hand houses with loans cannot be sold. At present, when buying a house with a loan in China, the lending bank will set up a mortgage on the original house. According to the second paragraph of Article 191 of the Property Law: "During the mortgage period, the mortgagor may not transfer the mortgaged property without the consent of the mortgagee, except where the transferee pays off the debt on his behalf to eliminate the mortgage right." In other words, the property rights of the house A person may not transfer a house without the consent of the bank, unless the buyer is willing to pay off the bank's debt on behalf of the owner of the house.

Because the property rights of a house whose loan has not been repaid cannot be changed, and the person who buys the house cannot obtain the property ownership certificate, the ownership can only be transferred after the loan is repaid.

How to sell a house with a loan? You can apply for early repayment and repay the remaining loan before selling it

Homeowners can consult the loan bank, apply for early repayment, buy the house with a mortgage and wait until the loan is repaid. After that, you can process the sale and change the name of the house. Since during the mortgage repayment period, the word "real estate mortgage" appears on the house property certificate, the homeowner needs to wait until the bank loan is paid off, and then go to the local housing authority with other rights certificates, loan repayment certificates, etc. provided by the bank. Obtain other rights to the house, and then proceed to the normal listing transaction.

The buyer can leave the balance to support the homeowner in repaying the loan early

In addition to the homeowner repaying the mortgage himself, he can also find a buyer who can pay the full amount, and the buyer can leave the balance in the transaction. , the homeowner uses the money paid in advance to pay off the loan, and then handles the name change and transfer. However, in this case, the buyer can only pay the full amount in one lump sum and cannot apply for a loan from the bank. The buyer and seller can negotiate in detail about the amount of the balance payment, and write down the balance payment and how to change the name in the sales contract. However, there are great risks in buying and selling houses where the loan has not been repaid. It is best for the buyer and seller to sign a tripartite agreement through an intermediary and write the negotiation results into a supplementary agreement to avoid risks as much as possible.

Luck competition: remortgage

In addition to finding a new home willing to pay, you can also complete your desire to raise funds to sell your house through a bank remortgage. At present, some banks support remortgage business, while some banks do not. Therefore, whether you can succeed or not depends on your luck.

Loan house sale process

①Sign the "House Sales Contract" and pay the deposit;

②Collect the down payment of the house;

③ Apply for early repayment of the loan;

④Resolve the mortgage and obtain the complete property rights of the house;

⑤The buyer pays the final payment and both parties handle the transfer (fund supervision and management);

⑥ The transfer is completed and the seller receives the balance.