China's civil code stipulates that the mortgagor may transfer the mortgaged property during the mortgage period; Unless otherwise agreed by the parties, such agreement shall prevail; If the mortgaged property is transferred, the mortgage right will not be affected; Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. So the house has a mortgage to buy and sell.

There are two ways to buy and sell a mortgaged house: one is to pay off the loan in advance. As long as the house pays off the loan, the owner can get the full property right of the house. Therefore, the applicant can pay off the mortgage, cancel the mortgage registration and then sell the house. You can also sign a sales contract with the buyer, and then go through the formalities of buying and selling second-hand houses after the owner pays off the loan.

The second is to apply for a mortgage loan. The method of mortgage transfer is to change the real estate mortgage registration and change the mortgagor from the landlord to the buyer. There is no need to raise money to repay the mortgage, and the pressure is less.

Matters needing attention in buying and selling mortgaged houses

1. Confirm whether the house is mortgaged: before buying and selling the house, it is necessary to confirm whether the house is mortgaged. Therefore, before buying and selling, it is necessary to remove the mortgage of the house. If the mortgage loan is not repaid on schedule, the mortgagee may exercise the mortgage right according to law, recover the house or auction the house.

2. Confirm the ownership of the house: When buying and selling the mortgaged house, it is necessary to confirm the ownership of the house. If the house is mortgaged, the mortgagee may restrict the ownership of the house or control it in other ways.

3. Abide by relevant laws and regulations: When buying and selling mortgaged houses, you need to abide by relevant laws and regulations, such as house transaction contracts and mortgage loan contracts.

4. Carefully choose intermediaries: When buying and selling mortgaged houses, you need to choose reputable intermediaries for transactions.

Reference to the above content: Baidu Encyclopedia-Civil Code