Of course. Mortgaged houses can be sold and belong to second-hand housing transactions. Banks usually stipulate that loans for less than one year should pay liquidated damages, and loans for more than one year should not be paid. The seller can use the down payment paid by the buyer to go to the bank to repay the loan in advance, go through the mortgage formalities, and then handle the transfer. Measures for the Administration of Commercial Housing Sales Article 30 A real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyer on schedule. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.
The house is still paying the loan. Can you sell it?
1, the house can be sold after the loan is repaid, but it cannot be transferred. First of all, we should know that if the house with outstanding loan is sold, the property right cannot be changed, that is to say, the buyer can't get the property right certificate, and can only transfer the ownership after paying off the loan.
2. You can apply for prepayment, and then sell the remaining loan after it is repaid. The homeowner can consult the loan bank and apply for early repayment. After the loan repayment is completed, mortgage to buy a house can handle the sale and house renaming. During the mortgage repayment period, the words "real estate mortgage" exist on the property ownership certificate. The owner needs to wait until the bank loan is paid off, bring the certificate of other rights and loan repayment provided by the bank, and exchange it for the real estate license without the words "real estate mortgage" at the local housing management center before he can handle the transfer normally.
In addition to the homeowner's own mortgage repayment, you can also find a buyer who can pay the full amount. By leaving the last payment in the transaction, the homeowner pays off the loan with the money paid in advance, and then changes his name to transfer ownership. But in this case, the buyer can only pay the full amount in one lump sum and cannot apply for a loan from the bank. For the amount of the balance, the buyer and the seller can negotiate specifically, and specify the balance and how to rename it in the sales contract. However, there are great risks in the sale of houses with outstanding loans. It is best for the buyer and the seller to sign three parties through an intermediary, and write the negotiation results into a supplementary agreement to avoid risks as much as possible.
Can you sell more information about the house being repaid? Go to: See more.
Can I sell the house that is still paying the mortgage?
First, the house that is repaying the loan can be sold:
1. Go to the bank and check the loan principal. After finding a new buyer, let the new buyer subtract the loan principal from the agreed house price in cash, go to the bank to go through the mortgage transfer formalities, and transfer the house and loan to the new owner.
2. Take money or borrow money to repay the loan, then sell the house and repay the loan after it is sold.
If the buyer has enough cash, let the buyer take part of the money to repay the loan first. After the mortgage was cancelled, it was renamed and the balance was paid off.
Second, the process of buying and selling houses for loan repayment:
1. First, the buyer and the seller sign the house sales contract, then the buyer and the lawyer sign the security guarantee contract for the sub-mortgage transaction, and then the buyer pays the seller 30% or the agreed down payment.
2. The seller applies to the original loan bank (called Bank A) for early repayment, obtains the confirmation letter issued by Bank A, and after receiving the bank's opinion of agreeing to early repayment, the seller delivers the house to the buyer, and the buyer applies to Bank B with the house sales contract, and submits relevant information such as the nature of the house and the lender's repayment ability recognized by Bank B before the loan can be started.
3. The bank loan is directly transferred to the seller's account. After the seller repays the loan from Bank A with this money, he will release the property and deliver it to the buyer for use, and jointly handle the transfer with the buyer and lawyer to mortgage the property to the buyer's loan bank.
4. When the seller needs to end the ownership of the house, the buyer begins to have the right to use the house and start to repay the loan. After the loan is repaid, the property will be released and owned.
Three, mortgage application materials:
1. The borrower's valid ID card and household registration book;
2. Proof of marital status, unmarried persons need to provide proof of unmarried, and divorced persons need to issue a court civil mediation or divorce certificate (indicating that they have not remarried after divorce);
3. If you are married, you need to provide your spouse's valid ID card, household registration book and marriage certificate;
4. The borrower's income certificate (salary income certificate or tax payment certificate for half a year);
5. Real estate title certificate;
6. Guarantor (ID card, household registration book, marriage certificate, etc. Is required).
Extended data
First, don't forget to surrender the loan in advance.
When the lender handles the loan, the bank will cancel the pledge. For example, if it is necessary to go through the prepayment procedures, Hefei Small Loan Bank normally requires the lender to submit a written or telephone request 15 working days in advance, and the bank will accept the loan. If it is a lender who settles the full balance, Hefu Microfinance is prepared to make a remaining loan line after the bank, so that the lender can take out the remaining money and repay the loan in advance.
Second, we can't ignore the oath.
The danger of the owner's falling price after the down payment is paid off. After the borrower settles the full amount in advance, the bank will show the settlement confirmation, and the lender will plan after keeping the copy of the loan settlement confirmation issued by the bank and the original system of each bank.
Third, prepayment needs preparation.
At present, some banks will release the pledge by themselves. After the pledge is released, the lender himself needs to go to the bank to get a house book. There will be changes. Banks stipulate that early repayment should be several times of 65,438+0,000, and some banks still need to charge a certain amount of non-repayment. If the depositor pays off the loan, he must not forget to pledge a certain loan and cannot ask for surrender.