Current location - Loan Platform Complete Network - Loan intermediary - Can I sell the mortgage if I can't pay it back?
Can I sell the mortgage if I can't pay it back?
Legal analysis:

You can sell the house before paying the mortgage. You can ask the seller to help pay off the loan first, and then transfer the ownership. If the buyer is unable to repay the loan, he can pay a certain percentage of the guarantee fee, and the third-party guarantee company will pay off the loan before the transaction is transferred. You can go to the loan bank to ask if you can refinance the mortgaged property. If you can, you can transfer the loan owed to the bank to the buyer's name. Transfer the outstanding remaining loans to new buyers, but this requires going through the formalities of mortgage transfer and obtaining the consent of the bank. The seller needs to submit the borrower's loan information to the bank in advance. If property buyers don't want to continue mortgage, they can also pay off the bank loan directly after improvement without bearing the loan interest. If the banking department does not allow mortgage, you can find a formal guarantee company to redeem the deed. Redemption is equivalent to canceling the mortgage relationship of the original house. In this case, the house can be traded.

Legal basis:

Article 209 of the Civil Code of People's Republic of China (PRC) establishes, changes, transfers and extinguishes the real right of immovable property, which shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Natural resources owned by the state according to law may not be registered.

Article 393 In any of the following circumstances, the security interest shall be extinguished:

(1) The principal creditor's rights are extinguished.

(2) the realization of security interests;

(3) The creditor waives the security interest.

(4) Other circumstances in which the security interest is extinguished as stipulated by law.

Article 70 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate is under any of the following circumstances, the parties may apply for cancellation of mortgage registration with the necessary materials such as the real estate registration certificate and the materials on which the mortgage right is extinguished:

(1) The principal creditor's rights are extinguished.

(2) The mortgage right has been realized;

(3) The mortgagee waives the mortgage right;

(4) Other circumstances in which the mortgage right is extinguished as stipulated by laws and administrative regulations.

Derivative problem:

Can the mortgage be repaid in advance?

Mortgage can be repaid in advance, and mortgage users can pay off the remaining outstanding debts in one lump sum in advance. In addition, mortgage users can also choose to repay in advance. If the mortgage user pays off the debt in advance, the loan interest shall be calculated to the date when the user pays off the debt. For the prepayment part of the mortgage user, the interest will continue to be calculated according to the original loan contract. However, repaying the mortgage in advance may result in liquidated damages. Usually, most banks stipulate that if the repayment period of housing loans is less than 1 year, liquidated damages will be paid for early repayment. Different banks have different standards for liquidated damages, and the specific situation shall be subject to the bank regulations.