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?

Houses with mortgages are generally not mortgaged. According to the law, property that cannot be mortgaged includes property whose ownership and use right are unknown or controversial.

Housing mortgage loan is a kind of loan provided by the bank to ensure the safety of the loan. The borrower's real estate, securities and other documents can legally obtain the lien and pledge of the borrower's property through certain contracts. This kind of loan is actually a loan method in which the debtor (mortgagor) legally transfers the property ownership to the creditor (mortgagee) to obtain a loan. During this period, if the debtor fails to repay the loan principal and interest on schedule, the creditor has the right to dispose of the collateral and get priority compensation. This loan method can reduce the loan risk of creditors and provide the most effective guarantee for creditors to recover their loans. The use of mortgage loan in housing credit is based on the security, liquidity and profitability of bank operating funds. Because the borrowers of this kind of housing loan are mostly individual residents, and it is impossible for banks to clearly understand the financial strength and credibility of borrowers, which increases the risk of bank loans, and mortgage loans provide creditors with effective protection to recover loans just under the condition of high loan risk. Therefore, most banks use mortgage loans when granting housing loans to individual residents.

nature

Mortgage housing loan actually refers to the variety of commercial housing that customers already have that can be listed and circulated with mortgage bank loans. Unlike second-hand housing loans and first-hand housing loans, customers already own real estate, not about to own it. Mortgage housing loans need to have clear loan purposes and cannot be used for purposes explicitly prohibited by laws and regulations, such as real estate speculation and stock speculation. It is required that mortgage housing loans should be earmarked for special purposes and be supervised by lenders and regulatory agencies. If violations are found, the bank has the right to recover the loan.

Can a house with a loan be mortgaged?

Buying a house by loan is the concept of consumption in advance, but this method is still very useful for the real estate market. Buying a house with a loan is a very worthwhile thing. For some ordinary families, only a few people pay the house price in one lump sum, and some even need mortgage loans. So, can a house with a loan be mortgaged? Let's take a look with Bian Xiao.

1. Can a house with a loan be mortgaged?

1. According to normal requirements and procedures, a house with a loan cannot apply for a mortgage loan. Moreover, as far as the regulations of major banks are concerned, many will not accept individuals to handle the secondary mortgage business of houses.

2. Before the loan is fully paid off, the borrower can apply for the mortgage of the house again. If the mortgaged property is mortgaged first through reasonable and legal procedures, you can apply for a mortgage loan again.

3. If the applicant intends to personally arrange the mortgage of the property to apply for a loan, the most reasonable way is to find relatives and friends with relatively abundant funds, and then collect enough mortgage money, then go to the bank to pay off the remaining loan of the property, mortgage the property, and then mortgage the mortgaged property to the bank.

At present, there are many intermediaries or guarantee companies in the market that can handle mortgage loans for mortgaged properties. However, borrowers are also very cautious in their choices, so as to avoid the irregular operation of some intermediary companies, which leads to falling into the trap and paying heavy economic costs.

Editor's summary: Can a house with a loan be mortgaged? I believe everyone knows something after reading the article. I hope the above contents can bring some help and suggestions to friends who want to know whether a house with a loan can still be mortgaged. For more information, please continue to follow us.

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 the house being repaid be mortgaged?

If you need to apply for a personal consumption loan, the collateral shall meet the following conditions:

1. The borrower himself has legal and complete ownership, the mortgaged property (including houses and commercial buildings) conforms to the provisions of the Guarantee Law, and the farmers' housing property rights conform to the provisions of the Measures for the Administration of Farmers' Housing Property Rights Mortgage Loans of Bank of China, and have not been mortgaged to other creditors (they have been mortgaged to Bank of China according to previous loan contracts, except those that should be handled by the original agency).

2. When applying for a personal consumption loan with collateral owned by a third party or shared by the borrower and a third party, the owner of the collateral or the same owner must present his valid identity certificate to the Bank of China to sign all relevant documents in person. If there are * * * shares, the applicant shall provide proof of ownership and indicate its share; For those owned by * * * and * * *, the applicant shall provide other written documents unanimously declared by * * *.

3. Commercial houses used as collateral must have independent property rights and can be disposed of separately (please refer to local BOC outlets for specific standards).

4. If the borrower has multiple mortgages, he can apply for one mortgage revolving line or multiple mortgage revolving lines respectively, but multiple mortgage revolving lines cannot use the same mortgage.

Please consult the local branch of Bank of China for details.

The above contents are for your reference. Please refer to the actual business regulations.

So much for the introduction of houses and mortgages.