If the house has a loan, it can be mortgaged again. If the house has a loan, it can be called a secondary mortgage. But if the property value is the loanable amount-mortgage balance, there must be a residual value. Generally speaking, when banks and non-bank financial institutions make a second mortgage, they must require that the first mortgage of the house is bank mortgage or bank mortgage, not personal mortgage or non-bank financial institution mortgage. If the first mortgage is a personal mortgage or a mortgage of a non-bank financial institution, generally speaking, no financial institution or individual is willing to make a second mortgage. According to Article 400th of the Civil Code of People's Republic of China (PRC), the parties concerned shall conclude a mortgage contract in writing when establishing a mortgage right.

A mortgage contract generally includes the following clauses:

(a) The type and amount of the secured creditor's rights;

(2) The time limit for the debtor to perform the debt;

(3) The name and quantity of the mortgaged property;

(4) the scope of the guarantee.

Can the house be mortgaged with a loan?

A house with a loan cannot be mortgaged. Because the house is not yours, you have no right to sell it. You don't have a real estate license either. You can use your money to help your parents repay the mortgage first, then use it as collateral to get the down payment and use the provident fund loan. For details of provident fund loans, please refer to the following: loan conditions 1, urban permanent residence or valid residence status; 2 have a stable occupation and income, good credit, and the ability to repay the principal and interest of the loan; 3. There is a purchase contract or agreement; 4. Be able to pay a deposit of not less than 50% of the national defense evaluation price after full purchase; 5. Agree to use the purchased house as collateral, or provide assets recognized by the loan bank as collateral or pledge, or have a unit or individual with guarantee qualification and sufficient compensation capacity as a guarantor to repay the principal and interest of the loan and bear joint liability; 6. Other conditions stipulated by the lending bank. Loan amount, term and interest rate The maximum amount of second-hand housing mortgage loan usually does not exceed 50% of the purchased house price or the appraised price. The loan term shall not exceed 15 years minus the service life of the house, and the longest term shall not exceed 20 years minus the service life of the house. The loan interest rate is the individual housing loan interest rate stipulated by the People's Bank of China. Application procedure 1. The borrower submits a written loan application and provides the following information: (1) the house transaction contract signed by the buyer and the seller and signed by the competent department; (2) the property right certificate of the house purchased and the document that someone agrees to sell the house; (3) the borrower's family property certificate and income certificate (including personal income certificate, tax payment certificate, bank deposit certificate, real estate license, securities, etc.). Issued by the work unit); (4) The borrower's legal and valid identity certificate (referring to the resident identity card, household registration book or other valid residence certificate) and proof of marital status; (5) The document that the borrower and the * * * people agree to mortgage the purchased house. 2. The buyer and the seller open an account in the loan bank, and the buyer deposits the down payment in full into the account designated by the loan bank. 3. After investigation and approval by the lending bank, the borrower and the lending bank sign a loan contract and a transfer deduction authorization. 4 for housing transfer, insurance, notarization, mortgage registration and other procedures. 5. Proof of property right transfer. The borrower shall submit the house ownership certificate, house ownership certificate and insurance policy (original) of the purchased house that has gone through the mortgage registration formalities to the loan bank for mortgage. 6. Transfer loans. After the above procedures are completed, the loan bank will transfer the loan to the account opened by the borrower in the loan bank, and then transfer the loan from the borrower's account to the seller's account at one time according to the authorization of the Power of Attorney for Deduction. The above is the relevant content of whether the house can be mortgaged.

Can a house with a loan be mortgaged?

The house on loan can be mortgaged. A mortgaged house can be mortgaged. There are generally two ways: 1, through bank loans. Usually, it is necessary to repay the loan in advance, and then mortgage it in other banks after paying off the remaining loan of this property. However, in some banks, mortgage houses can be directly mortgaged. 2. Loans through guarantee companies. There is no need to prepay, but the loan amount generally cannot exceed the residual value of the mortgaged property. Article 35 of the Commercial Bank Law: Commercial banks should strictly examine the borrower's loan purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval.