Houses with outstanding mortgages can be bought and sold.
According to the provisions of Article 38 of the Urban Real Estate Management Law, the following real estates may not be transferred:
(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;
(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;
(three) to recover the land use right according to law;
(four) * * * has the property right of the house without the written consent of others;
(five) the ownership is controversial;
(6) Failing to register according to law and obtaining the ownership certificate;
(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.
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Can houses and loans be bought and sold?
Houses with outstanding loans can be bought and sold, but the premise is that they must obtain the property right certificate recognized by the state, because the second-hand housing transaction is subject to the property right certificate. For the houses with outstanding loans, those who have obtained the real estate license can sell or transfer their personal houses to a third person, and apply for personal housing loans to change the loan term, change the borrower or change the mortgage. This is the simplest and direct transaction method for mortgaged houses: 1. The buyer and the seller sign a house sales contract. 2. The buyer, the seller and the lawyer sign the security guarantee contract for the sub-mortgage transaction. 3. The buyer pays the down payment. 4. The Seller's loan bank agrees in writing to prepay the loan in one lump sum and issues a confirmation letter. 5. The buyer applies to the loan bank for the second-hand house mortgage loan and submits relevant materials. 6. The seller actually delivers the house to the buyer. 7. Lend money after the approval of the bank, and the money will be transferred to the seller's loan bank account. 8. After receiving the payment, the seller cancels the loan contract and mortgage registration with the original loan bank, handles the transfer with the buyer and lawyer, and mortgages the house to the buyer's loan bank. 9. The buyer's loan bank will pay the down payment to the seller. Article 6868 of the Civil Code establishes, changes, transfers and extinguishes the real right of immovable property, and takes 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.
Is there a loan for selling a house?
The house has a loan to sell.
Our housing loans are generally mortgage loans. In the case that the mortgage loan has not been paid off, the property is mortgaged in the bank, and we have no right to buy or sell the house. Only after the loan is paid off, the bank cancels the mortgage and we regain the ownership of the house can we sell the house again. Therefore, before selling the house, if there is a loan, then the house can be sold smoothly only if the loan is paid off first.
Related program
1, remortgage
This is a relatively simple and direct method at present. In the sale of second-hand houses, the individual housing is sold or transferred to a third person, and the individual housing loan is applied to change the loan term, the borrower and other transaction elements.
2. Pay off the remaining loan with the buyer's down payment.
This is the most commonly used mode in second-hand housing transactions at present. This method is suitable for your low housing loan amount or small remaining loan amount. Usually, the buyer will recognize the down payment of 30%-40% of the total turnover of the property, and the seller can pay off the remaining loan with the down payment of the buyer, and then cancel the mortgage registration of the property and make the next transaction.
3. Use bank loans to pay off the remaining loans.
If the seller wants to pay off the loan before selling the property or the buyer is optimistic but unwilling to buy the property with outstanding loan, this method can be adopted. But the premise is that the homeowner can apply for a loan only if he has collateral (such as other real estate) recognized by the bank. In this way, the homeowner can lend a certain amount of money to the bank through mortgage loan to repay the real estate loan he wants to sell, thus contributing to the success of the transaction.