1. A house with a loan is a house with a mortgage. Selling a house means the transfer of ownership of the house, which needs to be released or recognized by the mortgagee, that is, the bank. Houses purchased in the form of loans are invalid if they are resold directly before the mortgage is paid off.
2. If the loan is not paid off and the real estate license is in the bank, it is impossible to handle the transfer procedures and the legitimate rights and interests of the buyers cannot be protected. The state implements a unified registration system for real estate. The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect.
3. Selling a house must be transferred, and the transfer must have a real estate license. Only after the mortgage is settled can the mortgage be released, the real estate license be obtained and the house be sold.
1. What notarized materials are available for the entrusted house sale?
1. If the owner of the house is married, and one of them can't go to the scene to conduct the transaction together, it is necessary to notarize the marriage relationship and the entrustment certificate that one of them can't be present at the local notary office. The marital status is proved by 80 yuan, and the power of attorney is notarized by 500 yuan.
2. The owner of the house property right cannot handle the real estate transaction, and when the guardian needs to handle the transaction formalities, he needs to go to the local notary department to notarize the relationship between the guardian and the owner and entrust the transaction. Notarization of kinship 500-800 yuan, notarization fee of power of attorney 500 yuan.
3. Customers who accept the transaction of the head of household need to bring the marriage certificate or single certificate of the head of household. The cost of issuing a single notarial certificate is the same as that of married identity notarization, which is the cost of 80 yuan.
4. If the head of the household has passed away, the house shall be bought and sold by the inherited relatives or people who have the relationship of maintenance, support and maintenance. It is necessary to notarize the will, the death certificate of the head of the household, and the notarization of the property owner giving up the property right or sharing the income equally.
To sum up, we can understand that the loan must be paid off before selling the house. Selling a house is to transfer the ownership of the house, which requires the mortgagee, that is, the bank to cancel or approve it.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Civil Law
Article 209
The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.
Article 2 10
The registration of real estate shall be handled by the registration agency where the real estate is located. The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.