Legal analysis: If it can be sold, it can be traded normally as long as it applies to the loan bank for early repayment, obtains other warrants and goes to the Housing Authority for mortgage cancellation. If there is no money to repay in advance, you can also use the down payment of the buyers to repay. If you use a deposit account, you can use the buyer's more money to repay. It is common to borrow money to sell a house.
Legal basis: Article 406 of the Civil Code of People's Republic of China (PRC). During the mortgage period, the mortgagor may transfer the mortgaged property. 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.
Can I sell the house I bought with a loan?
The house bought with the loan can be sold.
Houses with loans can be bought and sold, but the corresponding preparations should be made. When the real estate is transferred, the ownership of the house and the land use right within the scope of the house occupation are transferred at the same time.
The property owner must repay the bank loan before the mortgage can be released smoothly, and then go through the formalities of property right transfer. Specifically, both parties need to reach an agreement on the change of property rights first; Notarization of the original notary office; After the seller pays off the bank loan, Buyang can successfully obtain the real estate license from the bank and cancel the mortgage registration procedures; After that, the two parties shall register the change of property rights in accordance with the established notarization agreement and complete the transfer.
Precautions:
In the second-hand housing transaction, the seller must sell the property rights cleanly, so as not to cause unnecessary troubles to the buyers and sellers and infringe on the rights and interests of both parties and third parties. With bank loans, it is impossible to buy and sell second-hand houses. Therefore, the seller can successfully sell the second-hand house only after completing the mortgage cancellation procedures, which is a key step in the transaction.
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Is there a loan for selling a house?
The house has a loan to sell.
Our housing loans are generally mortgage loans. In the case that the mortgage loan has not been paid off, the property is mortgaged in the bank, and we have no right to buy or sell the house. Only after the loan is paid off, the bank cancels the mortgage and we regain the ownership of the house can we sell the house again. Therefore, before selling the house, if there is a loan, then the house can be sold smoothly only if the loan is paid off first.
Related program
1, remortgage
This is a relatively simple and direct method at present. In the sale of second-hand houses, the individual housing is sold or transferred to a third person, and the individual housing loan is applied to change the loan term, the borrower and other transaction elements.
2. Pay off the remaining loan with the buyer's down payment.
This is the most commonly used mode in second-hand housing transactions at present. This method is suitable for your low housing loan amount or small remaining loan amount. Usually, the buyer will recognize the down payment of 30%-40% of the total turnover of the property, and the seller can pay off the remaining loan with the down payment of the buyer, and then cancel the mortgage registration of the property and make the next transaction.
3. Use bank loans to pay off the remaining loans.
If the seller wants to pay off the loan before selling the property or the buyer is optimistic but unwilling to buy the property with outstanding loan, this method can be adopted. But the premise is that the homeowner can apply for a loan only if he has collateral (such as other real estate) recognized by the bank. In this way, the homeowner can lend a certain amount of money to the bank through mortgage loan to repay the real estate loan he wants to sell, thus contributing to the success of the transaction.
Can I sell the house during the loan period?
The house can be sold during the loan period.
Houses can be bought and sold during the loan period. If the seller has spare money, the best solution to how to sell the house with the loan is naturally the loan left over first, so that there will be no housing problem with the loan. Just go to the bank to make an appointment in advance, then return the remaining loan to the bank in one lump sum, and then you can cancel the mortgage with the settlement certificate.
But if there is no money to repay the loan, how to sell the loan house at this time? At this point, if the buyer's down payment is enough to repay the loan, you can use this part of the down payment to repay the loan after signing the corresponding contract, and then cancel the mortgage after handling the settlement certificate. Or you can choose financial institutions to help. At this time, you should charge some fees, but this is also a good way to deal with it.
Is there a loan for selling a house?
A house with a loan can be sold.
Because the mortgaged house is mortgaged to the bank, it is necessary to pay off the bank loan after signing the house purchase contract before the house mortgage can be lifted. After the mortgage is released, both parties can handle the transfer normally.
Precautions:
1. It usually takes about 10 days to get a loan through an intermediary, but it has been done for nearly three weeks because there are too many loans to buy a house recently. After approval, it will take nearly a month to lend money after getting the real estate license. This is CCB's.
2. If you need to apply for a mortgage to buy a new building, and the pre-sale certificate has been applied, as long as you apply to the bank, the bank will immediately check your credit history with the People's Bank of China. If there is no problem, we will reply to your personal loan application within 3 days, and ask you to submit relevant copies of licenses, income certificates, down payment documents and other materials as required, and sign relevant bank documents and loan contracts.
3. After collecting all the information, the bank conducts internal examination and approval, and then goes to the house management transaction for mortgage registration, which takes about 10- 15 working days. After the transaction is issued with other warrants, the bank will lend money within 3 working days, and return the principal and interest through the designated account from the next month without going through any other formalities.
So much for the introduction of houses with loans.