When buying a house, most people will choose the way of bank mortgage, and most will choose the loan term of 20 or 30 years. After all, the currency will depreciate in the future. But usually in the process of repaying the loan, the owner wants to sell the house because of a series of reasons such as rising house prices or changing the area of the house. Then, can the house with outstanding loan be sold?

1. Pay off the remaining loan with the buyer's down payment.

Second-hand housing transaction is the most common and convenient way. Applicable to the case that the original owner's loan amount is low or the remaining loan amount is not large. Usually, the buyer will recognize the down payment of 30% to 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.

Note: Buyers and sellers need to know whether the bank has the requirement of prepayment. Some banks have restrictions on repaying loans in advance. If the seller does not meet the conditions of early repayment or has to pay liquidated damages for early repayment, it is still difficult to cancel the mortgage. If the buyer's down payment is less than the outstanding loan amount, the seller can also negotiate with the buyer to increase the down payment and reduce the price appropriately.

2. Mortgage (transfer the loan to the buyer)

Mortgage means that the borrower sells the house as collateral, and the buyer of the house continues to repay the unexpired loan of the seller with the consent of the loan bank. In other words, if you want to borrow money to sell a house, you need to transfer the mortgage of the house to the buyer, so that the buyer can continue to repay the seller's mortgage loan. The procedure of refinancing is quite complicated, including interbank refinancing and interbank refinancing. There are many restrictions on the use of this method, and few banks can refinance at present.

3. Borrow again to pay off the remaining loan.

Assuming that the above two methods are not feasible, the seller can consider using the collateral (such as other real estate) in his name to apply for mortgage loan from the bank or fund supervision institution to settle the mortgage loan. The buyer pays off the bank mortgage loan after paying the full amount, but it needs interest or handling fee.

How to avoid the risk of buying a house with outstanding loans?

1. House Advance Notice Registration

Before signing a house purchase contract, the buyer can register in advance, which means that the parties sign an agreement on the sale of houses or other real estate rights. In order to ensure the realization of future property rights, they can apply to the registration authority for registration in advance according to the agreement. The Property Law promulgated in 2007 established the legal effect of advance notice registration. Article 20 of the Property Law stipulates that "after the advance notice registration, if the property is disposed of without the consent of the right holder of the advance notice registration, the property right effect will not occur." After both parties complete the advance notice registration, what the seller can't do includes: transferring property rights, using real estate as collateral and real estate as guarantee. If the seller still signs a real estate mortgage contract with a third party after the advance notice registration, the mortgage right of the third party is not established. However, after the advance notice registration, the seller can continue to rent the house to obtain income.

That is to say, after the advance notice registration, the seller has no right to dispose of the house without the consent of the buyer, which can prevent the owner from selling the house in one room and two halls and protect the rights and interests of both buyers and sellers.

It should be noted that the validity period of advance notice registration is only three months. "After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, the advance notice registration is invalid." Therefore, real estate registration must be completed within three months of advance notice registration. It doesn't matter if time is really too late. You can repeatedly apply for advance notice registration. At present, laws and regulations do not limit the number of advance notice registrations. Local registration agencies are also allowed to apply for advance notice registration for the same matter many times. In addition, second-hand affordable housing cannot be registered in advance.

2. Make clear the ownership and payment method of the house in the contract.

When signing a house purchase contract, it is necessary to make clear the house price, ownership, tax and fee bearing mode, payment mode, delivery period and liability for breach of contract, so as to restrain the behavior of both parties and avoid unnecessary disputes.