If the house is mortgaged, you can check out. According to Article 563 of the Civil Code, the parties may terminate the contract under any of the following circumstances:

(a) 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.

What is the process of buying a house and checking out?

The first step is for the buyer to issue a return notice.

Buyers can make requests to developers by registered mail, fax or telephone. If the return of the house is caused by the developer's responsibility, the developer shall bear the losses caused by the return of the house, including loan interest, down payment deposit interest, house purchase tax, etc. If the house purchase contract stipulates to return the house, it shall be handled according to the contract. If the compensation standard agreed in the contract is not enough to make up for the loss, it may claim compensation separately; If the buyer does not approve and the parties to the contract cannot reach an agreement on the payment method, the developer will not be liable for compensation.

Step two, complete all kinds of formalities within 15 days.

Within/0/5 days after the Buyer requests to cancel the house purchase, the developer shall return all the house payment paid by the Buyer, and be responsible for handling all the procedures for the cancellation or termination of the contract between the Buyer and the loan bank. Before the above procedures or documents are signed, the developer shall pay the monthly principal and interest to the loan bank on behalf of the buyer.

The third step is for the developer to refund the house payment.

The developer shall return all the purchase money to the buyer after the buyer sends out the return notice, and complete the repayment procedures of the management agency or the loan bank. If the above contents cannot be completed, the developer shall pay the corresponding amount to the Buyer on a daily basis from the16th day after the Buyer sends out the delivery rejection notice to the date when the Buyer obtains all the house payment.