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Can I buy or sell a house during the loan period?

Legal analysis: A house that has not paid off its loan is still in a mortgage state and cannot be listed for trading. However, in reality, it can be achieved through some methods. Method 1: Remortgage. The so-called "remortgage" refers to selling or transferring a personal home to a third party and applying for a personal housing loan to change the loan period, change the borrower, or change the collateral. However, it is understood that there are currently very few banks that can remortgage, and some cities such as Beijing have stopped remortgaging a long time ago, so this method is currently rarely used. Method 2: Use the buyer’s down payment to pay off the remaining loan. This is the most commonly used model in current second-hand housing transactions. It is suitable for situations where the original homeowner’s loan limit is low or the remaining loan amount is not large after a large amount of repayments. Normally, the buyer will agree to a down payment of 30% to 40% of the total transaction value of the property. The seller can use the buyer's down payment to pay off the remaining loan, then cancel the mortgage registration of the property and proceed to the next transaction. Method 3: Use bank loans to pay off the remaining loan. If the above two methods do not work, the seller can consider using the collateral in his name (such as other properties) to apply for a mortgage loan from the bank to pay off the mortgage loan. Wait until the buyer pays the full price of the house before paying off the bank mortgage.

Legal basis: "The People's Republic of China and the Civil Code"

Article 667: The loan contract means that the borrower borrows money from the lender, and returns the loan and pays when due interest contract.

Article 680: Lending at high interest rates is prohibited, and the interest rate for borrowing must not violate relevant state regulations. If the loan contract does not stipulate the payment of interest, it will be deemed that there is no interest. If the loan contract does not clearly stipulate the payment of interest, and the parties cannot reach a supplementary agreement, the interest will be determined according to local or party transaction methods, transaction habits, market interest rates and other factors; if the loan is borrowed between natural persons, it will be deemed to have no interest.