According to Article 406 of the Civil Code of People's Republic of China (PRC), 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. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
How much is the house bought by loan?
1. If the house is sold by means of sub-mortgage, the consent of the loan bank is required, and the buyer of the house will continue to repay the unexpired loan of the seller;
2. The homeowner can apply for early repayment, and after the loan is paid off, he can go through the formalities of selling the house and renaming it;
3. If it is a one-time payment to buy a house, you can leave the balance in the transaction until the owner pays off the Qianjiang mortgage paid in advance and goes through the transfer procedures.
How much is the second-hand house
1. Looking at the house: When the buyer looks at the house, the buyer and the seller initially negotiate the price, payment method, delivery date and other matters. Generally, all expenses incurred by the buyer and the seller are paid by the buyer and the seller;
2. File search: the buyer and the seller hold the original real estate license or the original mortgage contract to the land department of the archives building for file search;
3. Signing: After the buyer and the seller negotiate the house price, deposit, down payment, fund supervision, loan application time, foreclosure fee, transfer application time, tax payment method, delivery date, tenant situation, commission payment time and proportion, and liability for breach of contract, the buyer and the seller sign a tripartite contract with the intermediary or sign a contract with the intermediary, write the above contents into the contract (Shenzhen Uniform Format Contract), and pay the deposit to the intermediary company.
4. The seller and the guarantee company go to the notary office for notarization, and the seller entrusts the guarantee company to handle related affairs;
5. Fund supervision and loan application: the buyer pays the down payment to the fund supervision account of the mortgage bank (usually the original loan bank, if it is changed to another bank, the cost will be higher). The buyer and the guarantee company sign a fund supervision agreement and related documents with the bank (many of which are unclear, but they are busy signing), and the buyer applies for a loan from the bank. After the bank agrees to the loan, it will issue a loan commitment letter to the buyer (usually the bank directly informs the guarantee company), which will take about 7-8 working days.
6. Redemption: After the buyer pays the guarantee fee to the guarantee company, the guarantee company applies for redemption from the original loan bank, and it takes about 5 working days for the guarantee company to issue a redemption guarantee to go to the bank for redemption and cancellation of mortgage registration;
7. House transfer: The buyer and the guarantee company sign the real estate sales contract at the third floor of the local real estate property registration core, submit the application for house transfer, and the guarantee company receives the receipt, which takes 5 working days;
8. Property buyers and guarantee companies sign in the license window and pay the real estate license fee (remember to make more copies and wait until the loan is paid off). The guarantee company takes out the new real estate license and goes to the mortgage bank at the core of Shenzhen real estate property right registration for mortgage registration, and the bank pays the down payment to the seller. After the mortgage registration of the new real estate license, it takes about 10 working days for the bank to give the seller a loan after deducting the mortgage loan;
9. Delivery: The buyer and the seller handle the delivery of the house, the water and electricity are transferred, and the buyer gets the key.