Let the owner pay off the house loan himself first, and then go to the real estate bureau to cancel his rights. After cancellation, you can go through the transfer procedures.
However, there are two things to be reminded of such a transaction: 1. The owner has no money to repay the loan, so he asks you to pay part of the house payment first, and he will use it to repay the loan. Otherwise, he won't sell the house to you on the grounds that he has no money to repay the loan. Doing so is very risky for you: the owner may get the house payment out of thin air, and will not cooperate with you to handle the transfer formalities after paying off the loan, and there will be disputes after paying off the loan because you don't know the details of the transaction. So you'd better not pay the house yet. But if you value this house very much, the owner really has no money to repay the loan. If you think he can't fool you, you can take a risk. But the transaction contract must be strictly signed. It's best to find a reputable intermediary in your local area as a third party to trade. Because if he wants you to repay the loan for him, you can find an intermediary to trust and repay the loan, and the three of you will go together when you go to clear the loan in the future to avoid some risks.
Question 2: Can I buy a mortgaged house? First of all, it needs to be clear that the mortgaged property can be transferred according to law. According to Article 3 of the Measures for the Administration of Urban Real Estate Mortgage, the mortgage of the project under construction refers to the act that the land use right obtained by the mortgagor in a legal way, together with the investment assets of the project under construction, is mortgaged to the loan bank as a guarantee for repayment of the loan. It can be seen that it is legal to mortgage the property under construction to the bank. However, according to the relevant laws and regulations, the sale of mortgaged real estate must meet two conditions: first, notify the mortgagee and obtain his consent. The second is to tell the buyer truthfully. In practice, there are several legal trading modes: First, developers gradually repay mortgaged houses and sell them step by step. Repay first, then sell, and ensure that the commercial housing sold is in a state of mortgage cancellation. 2. At present, the common practice in Guangzhou is that after the developer signs the real estate sales contract on the premise of fulfilling the notice, the mortgagor will raise funds by himself, return the corresponding house payment in advance at one time, and the housing management department will handle the mortgage registration cancellation, and then handle the sales contract registration. Before the mortgagor obtains full property rights, most of the house payment of the buyer has not been paid, so the buyer's funds are safe. 3. After the contract is signed between the buyer and the developer, the buyer, the developer and the lender (bank) agree that the buyer will deposit the purchase price into the account designated by the bank, which will be specially used to repay the loan that the real estate developer should pay to the bank. The bank issued a mortgage cancellation certificate. Four. If the purchaser makes a mortgage loan for part of the purchase price after purchasing the house, the purchaser transfers his property again before the loan is paid off, and the original purchaser applies to the bank for mortgage transfer after signing a contract with the inferior purchaser (this business is not available in all banks). However, in order to sell smoothly, some developers conceal the fact that they have mortgaged their houses and sell them. This sales contract is invalid because it is fraudulent not to tell the mortgage facts.
Question 3: How to buy and sell mortgaged houses and transfer mortgaged houses is a very typical model in real estate transactions. Usually, the original owner buys a house by applying for a loan from the bank and mortgages the house to the bank as a loan repayment guarantee. During the mortgage period, if the landlord wants to transfer the house, the transaction method is very different from the transfer of the house without mortgage. The real estate trading center will judge whether the traded house can be transferred according to whether the mortgagee agrees to transfer the collateral or whether the mortgage registration has been cancelled, so as to protect the legitimate rights and interests of the bank and ensure the safety of the whole real estate trading system. Generally speaking, in practice, there are the following transaction methods that are both legal and operable for buyers and sellers to choose: (1) prepayment and mortgage cancellation. After the two parties sign the Real Estate Sales Contract, the original owner will return all the loan balance owed to the bank in advance, and then the bank will cancel the mortgage right and the real estate trading center will cancel the mortgage registration. In this way, the original owner will get the full property rights of the house, and then both parties can complete the transaction according to the general second-hand housing sales process. The advantage of this method is that the buyer does not pay the house payment before the landlord obtains full property rights, so the buyer's funds are highly secure; The disadvantage is that it is not the most economical solution to completely raise money to repay the loan by the landlord, which requires the landlord to have strong financial strength or financing ability, and to make full use of the buyer's down payment to participate in the loan repayment. (2) Handling refinancing. After both parties sign the real estate sales contract, both parties * * * apply to the original loan bank of the original owner for re-mortgage. The advantage of this method is that there is no need to raise funds to repay the loan in advance, and there is no financing pressure. Instead, the original repayment obligation of the landlord is transferred to the buyer, and the mortgagor is changed from the landlord to the buyer by changing the mortgage registration. The disadvantage is that the mortgage-to-mortgage procedures are complicated, and not all banks have this business. If property buyers need to apply for a loan in another bank, there will be a problem of inter-bank mortgage to mortgage, which is complicated to operate. (3) Buying a house repays the loan in advance for the original owner. After the two parties sign the real estate sales contract, the buyer uses the down payment to help the landlord return the loan balance. The advantage of this method is to make full use of the liquidity value of funds, revitalize the buyer's down payment, and the two sides work together to solve the biggest obstacle to the transaction; The disadvantage is that the buyer's down payment has certain risks. If the original owner uses the buyer's funds to help him repay the loan, and then obtains the full property rights of the house, and then sells the house to others to escape, the buyer can neither obtain the property rights of the house, nor let the down payment be lost. At that time, if he can only recover through other legal channels, it will be very passive. The above is about the transfer of mortgaged houses. If a property buyer wants to transfer the house mortgaged in the bank, he must notify the bank and go through the relevant formalities. Otherwise, once the transfer contract is invalid, they must bear the relevant responsibilities to the bank, and the bona fide new buyers should also bear the liability for breach of contract, so they should act cautiously.
Question 4: Can a house with a mortgage in the bank be sold? The sale of collateral must be approved by the mortgagee. If CCB agrees to sell, you can sell. If they don't agree to sell, there is no way to transfer ownership. Unless you repay the loan in advance, but you have agreed not to repay the loan in advance within one year, you will have to wait until the expiration of one year. During this period, it cannot be sold unless CCB agrees.
Question 5: Can I buy a house mortgaged to a bank loan? Buying such a house is risky. 2. Buying a house loan has nothing to do with us. This agreement is valid because the loan should be returned by the original owner of the house. 3. "If you buy a house, the original owner can't afford the loan." If the bank exercises the mortgage, it will auction the house you bought. Because the bank enjoys the mortgage of the house. 4. The loan of the original house has not been repaid, so the transfer formalities cannot be handled. You can't transfer the ownership of the house until the mortgage is lifted unless you use your house purchase money instead of the original owner to repay the bank loan. The above suggestions are for reference only! A Sichuan lawyer
Question 6: Can the house bought by loan be mortgaged in the bank? Yes, you can still get a loan.
Some banks have such loans, usually mortgage loans.
Suitable area: Beijing interest rate: 10%
Purpose: The longest loan term for personal comprehensive consumption:10; Maximum loan amount:100000; Loan conditions: Beijing real estate mortgage.
Home equity loan:
Refers to the additional loan service provided to borrowers who are repaying mortgage loans. After repaying a certain mortgage, the borrower needs funds for personal consumption or business, and the difference between the mortgage value of the house and the original loan balance can be used as a mortgage to apply for a loan.
Net loan: appraised value * loan ratio-loan balance (maximum100000)
Loan ratio: 60% for residential buildings (commercial buildings) and 50% for commercial buildings (shops and office buildings).
Question 7: Can a mortgaged house be sold? It can be bought and sold, and the mortgage must be cancelled before the transfer. There are two concepts to set up mortgage, one is the normal mortgage loan of the bank, and the other is the short-term loan of the people (as the saying goes, it is another certificate). 1, only the normal bank mortgage loan can the next family sign a sales contract and apply for a bank loan. After the loan is approved, the original mortgage is cancelled and a new mortgage is applied for the next home. Some trading centers can open on the same day. 2, private lending is proved to be done in real estate, and the next home can also sign a sales contract (the next home is risky). The next home must cancel the mortgage first, then approve the bank loan and then approve the new loan. If this house has two mortgages, then take your time and cancel the private mortgage first.
Question 8: What are the risks of mortgage to the bank? 1. The risks of purchasing a mortgaged house are as follows:
(1) If the developer fails to inform the bank or the buyer, the transfer is invalid.
According to Article 149 of the Guarantee Law and the laws related to real estate mortgage, when the developer transfers the mortgaged house, it shall notify the mortgagee and inform the buyer that the house has been mortgaged. If the developer fails to inform the bank or the buyer, the transfer is invalid. This is a restriction on the transfer of mortgaged houses.
According to these regulations, the developer must inform the bank in advance and inform the consumer of the fact that the house has been mortgaged, otherwise the transfer will be invalid.
(two) the bank can exercise the mortgage right according to law and repay the loan by auctioning the house.
In addition, if the developer has problems in providing guarantee to the bank or repaying the loan, the bank can exercise the mortgage right according to law and repay the loan by auctioning the house. Therefore, for property buyers, buying a mortgage house is more risky. In this case, it is very important to connect the housing transaction procedures between developers and buyers and the mortgage cancellation procedures between developers and banks. Specifically, property buyers should get a clear commitment from the bank before signing a house sales contract with the developer. That is, the bank will cooperate closely to ensure that the mortgage will be issued after receiving the corresponding amount of house payment. The ideal scheme is to sign the sales contract and release the custody at the same time, so as to minimize the time difference between the two procedures. In short, as long as buyers can master the reasonable connection between paying the house price and canceling the mortgage, they can minimize their own risk of buying a house.
2. Whether the mortgage house transfer contract is valid.
(1) The transfer of mortgaged houses is allowed, but certain conditions are attached to the transfer of mortgaged houses.
Generally speaking, the first thing is to allow the transfer of collateral, not the old idea that the transfer of collateral is invalid. Secondly, the transfer of mortgaged property must meet certain conditions, and the change of ownership of mortgaged property will only happen when the transfer conditions are met. In addition, the legal provisions on the transfer of collateral are aimed at the administrative nature, not the mandatory provisions on the validity of the mortgage transfer contract. According to the house purchase and sale agreement, on the premise that the transferee pays the price as agreed in the contract, the transferor has the obligation to register the change of house property rights in the name of the transferee, including making the transferred house meet the transfer conditions, including releasing the mortgage of other rights of the house (unless otherwise agreed by the parties to the contract). It may be because the transferor thinks the price is low and wants to break the contract, so he claims that the commercial housing sales agreement is invalid because the mortgaged house is not allowed to be sold or transferred. In fact, the transferor does not make the transferred house meet the transfer conditions and does not apply for transfer registration on the grounds of non-performance of the agreement.
(two) do not meet the transfer conditions, the house will not be registered.
If the transferred house cannot be transferred because of mortgage, it should be understood as the result condition of the change of house property rights, not the cause condition. If the house does not meet the transfer conditions, the house transfer registration will not be handled and the property right transfer will not occur, but the transfer agreement itself should not be affected, and the agreement is still valid. This is stipulated in Article 15 of the Property Law: "A contract concluded between the parties on the establishment, alteration, transfer and elimination of the real right of immovable property shall come into effect upon the establishment of the contract, unless otherwise stipulated by law or the contract; Failure to register property rights does not affect the validity of the contract. "
Question 9: Can a developer buy a mortgaged house? Mortgaged property can be transferred according to law. According to Article 3 of the Measures for the Administration of Urban Real Estate Mortgage, the mortgage of the project under construction refers to the act that the land use right obtained by the mortgagor in a legal way, together with the investment assets of the project under construction, is mortgaged to the loan bank as a guarantee for repayment of the loan. It can be seen that it is legal to mortgage the property under construction to the bank.
However, according to the relevant laws and regulations, the sale of mortgaged real estate must meet two conditions: first, notify the mortgagee and obtain his consent. The second is to tell the buyer truthfully.
In practice, there are several legal trading modes:
1. The developer gradually repays the mortgaged house and sells it gradually. Repay first, then sell, and ensure that the commercial housing sold is in a state of mortgage cancellation.
2. At present, the common practice is that after the developer signs the real estate sales contract under the premise of fulfilling the notice, the mortgagor will raise funds by himself, return the corresponding house payment in advance at one time, and the housing management department will handle the mortgage registration and cancellation, and then handle the sales contract registration and filing. Before the mortgagor obtains full property rights, most of the house payment of the buyer has not been paid, so the buyer's funds are safe.
3. After the contract is signed between the buyer and the developer, the buyer, the developer and the lender (bank) agree that the buyer will deposit the purchase price into the account designated by the bank, which will be specially used to repay the loan that the real estate developer should pay to the bank. The bank issued a mortgage cancellation certificate.
4. After buying a house, the buyer took out a mortgage loan for part of the purchase price, but before the loan was paid off, the buyer transferred his property again. After signing the contract with the inferior buyer, the original buyer applies to the bank for mortgage transfer (this business is not available in all banks).
Question 10: Is it OK to borrow money from a bank in mortgage to buy a house? If you have a mortgage, you can borrow directly.