Buying a house by mortgage refers to the way of buying a house with the purchased house as collateral.
Can the house bought by mortgage loan be refunded?
As long as the buyer and seller reach an agreement through consultation, even if the loan has been approved, they can return the house. However, it should be noted that the termination of the purchase contract does not mean that the loan contract is terminated at the same time. Because the loan relationship between the buyer and the bank is independent of the house sale relationship, that is to say, although the buyer does not buy a house, the creditor-debtor relationship with the bank still exists, and the loan must be repaid.
How to check out after mortgage?
1. If the house purchase contract is terminated, all the house purchase money obtained by the developer from the buyer shall be returned to the buyer.
2. The bank mortgage loan applied by the buyer is also part of the purchase price and should be returned to the buyer together. Then the buyer pays in advance according to the loan contract.
It should be noted that if the seller returns the money to the buyer, but the buyer fails to repay the money to the bank according to the regulations, the bank can only exercise the mortgage right and auction or sell the house purchased by the buyer with mortgage, so that the loser becomes the seller. In order to avoid this situation, the seller can divide the refundable purchase money into two parts, in which the part that belongs to the buyer's down payment is directly returned to the buyer and the part that belongs to the buyer's loan from the bank is directly returned to the bank, which can effectively avoid accidents.
Conditions for buyers to apply for check-out.
According to Article 94 of the Contract Law, the parties may terminate the contract under any of the following circumstances:
The purpose of the contract cannot be achieved due to force majeure;
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;
One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged;
The Contract cannot be realized due to the delay in performance of debts or other breach of contract by both parties;
Other circumstances stipulated by law.