After some consumers buy commercial housing through mortgage, they sometimes have such confusion: can they return a house with mortgage loan? The answer is yes, and there is a legal basis. Article 94 of the Contract Law stipulates that in any of the following circumstances, the parties may terminate the contract: (1) the purpose of the contract cannot be achieved due to force majeure; (two) 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; (3) One party delays the performance of the main debt \ x0d \ x0d \ and fails to perform it within a reasonable period after being urged; (four) the parties delayed the performance of their debts or other breaches of contract, which made the contract impossible to realize; (5) 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. \ x0d \ x0d \ Need to remind consumers that the loan relationship between the house purchase and the bank is independent of the house purchase and sale relationship, so the cancellation of the house purchase contract does not mean that the loan contract is cancelled at the same time. In other words, although the buyer does not buy a house, the loan must be repaid because the creditor-debtor relationship with the bank still exists. How can I return it? First of all, due to the cancellation of the purchase contract, all the purchase money obtained by the developer from the buyers should be returned to the buyers. Then, the buyer shall negotiate with the bank to repay the remaining loan principal and interest in advance (part of which has been repaid on a monthly basis) according to paragraph 5 of Article 32 of the General Rules for Loans: if the borrower repays the loan in advance, it shall negotiate with the lender. \x0d\ In fact, this repayment method is a theoretical practice, which is very difficult to operate in practice, because the house purchased by the buyer has been mortgaged to the bank. If the buyer does not return the money to the bank after receiving it, the bank can only exercise the mortgage right and auction or sell the house purchased by the mortgaged buyer. But at this time, the house is no longer owned by the buyer, and the disposal of the house will harm the interests of the developer, and the developer will never suffer. Therefore, the developer can only divide the refundable purchase price into two parts, and the part that belongs to the down payment of the buyers is directly returned to the buyers. The part that belongs to the loan borrowed by the buyer from the bank is directly returned to the bank, 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. \x0d\ Article 52 of China's "Guarantee Law" stipulates: "The mortgage right coexists with the secured creditor's right, and if the creditor's right disappears, the mortgage right will also disappear." After the termination of the loan contract, the mortgage right disappears, and the parties concerned shall go through the relevant procedures for canceling the mortgage registration. \x0d\ When buying a house with a mortgage loan, the buyer is generally required to take out insurance for the house, and the beneficiary of the insurance is the loan bank. The termination of the contract for selling houses will inevitably involve insurance issues. Because the legal relationship of insurance is another independent legal relationship besides the relationship between house purchase and sale and the relationship between loan and loan, the insurance problem has its own characteristics. \x0d\ According to Article 14 of the Insurance Law of People's Republic of China (PRC): "Unless otherwise stipulated in this Law or in the insurance contract, the applicant may terminate the insurance contract after the insurance contract is established." In other words, if the insurance contract signed by the buyer does not have the words "no surrender", the buyer can cancel the insurance contract at the same time as canceling the purchase contract. \x0d\ Article 38 of People's Republic of China (PRC) Insurance Law stipulates: "Before the commencement of insurance liability, if the applicant requests to terminate the contract, he shall pay the handling fee to the insurer, and the insurer shall refund the insurance premium. After the commencement of the insurance liability, if the applicant requests to terminate the contract, the insurer may collect the insurance premium from the commencement date of the insurance liability to the termination date of the contract, and return the rest to the applicant ". Therefore, consumers can go through the formalities of surrender and refund in accordance with the above provisions.