Now most of the buyers are mortgage to buy a house, but they regretted it in the process of mortgage. Can the mortgaged house be returned? Let's have a look.

The mortgaged house can be returned. Because according to the civil law, the house bought by mortgage loan can be refunded. According to the law, in any of the following circumstances, the parties may terminate the contract:

1. The purpose of the contract cannot be achieved due to force majeure;

2. Before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

3. One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged;

4. The Contract cannot be realized due to the delay in performance of debts or other breach of contract by both parties;

5. Other circumstances stipulated by law.

As long as the above-mentioned situations occur, such as serious overdue delivery or poor quality, which meets the cancellation conditions stipulated in the law or the house purchase contract, consumers can cancel the house purchase contract according to law, so the house purchased by mortgage loan can be refunded.

What are the precautions for checking out?

1, don't forget the insurance surrender procedures.

When buyers apply for mortgage loans, banks generally require buyers to buy insurance for their houses. According to relevant regulations, if the insured requests to terminate the contract, the insurer may collect the insurance premium from the date when the insurance liability starts to the date when the contract is terminated, and return the rest to the insured.

If the fine is high, it will be low.

According to the relevant regulations, if the liquidated damages are not enough to make up for all the actual losses, the developer will continue to compensate the difference. If the penalty is higher than the actual loss, the developer will compensate directly according to the penalty.

3. Double the deposit.

If the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the terms of liquidated damages or deposit, but not both. If the house is returned due to the buyer's reasons, the developer has the right not to refund the deposit; But if it is the responsibility of developers, property buyers can get double indemnity.

Can I check out the house I bought with a loan?

Legal analysis: the house bought by mortgage can be refunded. According to the law, if the seller's breach of contract leads to the failure to achieve the purpose of the contract, or due to reasons not attributable to both parties, the buyer may apply to terminate the contract. If the buyer returns the house for his own reasons, he shall bear the corresponding liabilities for breach of contract. The house bought by mortgage loan is refundable. Return a house is the right of the majority of property buyers, but this right is restricted by law rather than absolute and cannot be exercised arbitrarily. Check-out is actually the result of the contract being deemed invalid, cancelled or dissolved. Because according to the contract law, the house bought by mortgage loan can be refunded. In any of the following circumstances, the parties may: 1. The purpose of the contract cannot be achieved due to force majeure; 2. Before the expiration of the performance period, one party clearly indicated or indicated by its own behavior that it would not perform the contract; 3. One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged; 4. The Contract cannot be realized due to the delay in performance of debts or other breach of contract by both parties; 5. Other circumstances stipulated by law. As long as the developer has the above situation, such as serious overdue delivery or poor quality. , and in line with the conditions stipulated by law or these regulations, consumers can terminate the purchase contract according to law.

Legal basis: Article 563 of the Civil Law of People's Republic of China (PRC) may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.

Can I check out after I get a house loan?

After the loan comes down, buyers can still return a house if they find there is something wrong with the quality of the house. If you want to check out, you only need to meet the legal check-out conditions, otherwise you need to pay a certain penalty. For example, in this case, the developer changes the housing planning and design without authorization. You can apply for checking out.

Extended data:

Loan means that banks, credit cooperatives and other institutions lend money to units or individuals who use money, and generally agree on interest and repayment date. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.

Mortgage, also called personal housing loan. Personal housing loan is a kind of consumer loan, which refers to the loan issued by the lender to the borrower for the purchase of ordinary housing for personal use. When a lender issues a personal housing loan, the borrower must provide a guarantee. If the borrower fails to repay the principal and interest of the loan at maturity, the lender has the right to dispose of its collateral or pledge according to law, or the guarantor shall be jointly and severally liable for repaying the principal and interest.

The loan object is a natural person with full capacity for civil conduct. The loan conditions are that urban residents use it to buy ordinary houses for their own use, have a house purchase contract or agreement, have the ability to repay the principal and interest, have good credit, and have a down payment of 30% of the funds needed for house purchase and a loan guarantee recognized by the bank.

Personal housing loans are limited to the purchase of self-occupied ordinary housing and urban residents' self-occupied housing, and may not be used to purchase luxury housing. Personal housing portfolio loan refers to a loan issued to the same borrower with housing provident fund deposits and credit funds for the purchase of self-occupied ordinary housing, which is a combination of personal housing entrusted loans and self-operated loans. In addition, there are housing savings loans and mortgage loans.

The borrower shall provide the lender with the following information: identity documents; Proof of stable income of the borrower's family; Letter of intent, agreement or other approval documents of the house purchase contract that meet the requirements; List of collateral or pledge, proof of ownership and proof that the person with the right to dispose of it agrees to mortgage or pledge; Certificate of collateral valuation issued by the competent department; The guarantor agrees to provide written guarantee documents and the guarantor's credit certificate; To apply for housing provident fund loans, you need to hold a certificate issued by the housing provident fund management department; Other documents or materials required by the lender.