First, how to judge whether the target house is mortgaged?
It is suggested that buyers can check whether there is a mortgage registration stamp stamped by the real estate registration center on the real estate license. Of course, the simplest and most effective way is that buyers can go to the real estate registration center to check and consult.
Second, if the house is mortgaged, what should I pay attention to when trading?
For a mortgaged house, the mortgage loan must be repaid first, and the transaction can only be carried out after the mortgage is lifted. Moreover, the buyer also needs to clearly stipulate the specific time for the seller to repay the mortgage in the supplementary agreement.
1, registered personal mortgage
When the seller uses the house as a guarantee in the personal loan relationship and sells the house with mortgage registration, the buyer should ask the seller to go to the Housing Authority to verify the mortgage details with the original real estate license and ID card in advance. And sign it? Got a mortgage? The supplementary agreement clearly stipulates the specific time for the seller to repay the mortgage loan.
2. Unregistered personal mortgage loan
Although some sellers use the house as a guarantee, they have not registered the mortgage. This situation is difficult to verify, and sellers need to take the initiative to inform them when selling. If the seller intentionally conceals or delays the term of the house sales contract, he shall bear the corresponding liability for breach of contract.
If the mortgagee exercises the mortgage right before the transfer, the house without mortgage registration can still be sealed up and the transfer is restricted. Therefore, even if there is no mortgage registration, should it be signed? Got a mortgage? The supplementary agreement stipulates the specific time for the seller to repay the mortgage loan.
The debtor or the third party is the mortgagor, the creditor is the mortgagee, and the property provided as guarantee is the collateral. For example, there is a house under the name of A, which was mortgaged to Bank B in May 2065438+2005. Then A is the mortgagor, the bank is the mortgagee and the house is the collateral.
3. Registered bank mortgage (mortgage)
If the seller buys a house by mortgage, he usually sets up a mortgage registration when issuing the title certificate. The seller needs to go to the bank to verify the remaining unpaid mortgage amount, and stipulate the specific time of repayment and mortgage cancellation in the supplementary agreement.
If the seller wants to repay the mortgage with the buyer's down payment, the buyer and the seller need to go to the bank in advance to determine the time for bank deduction. And deposit the down payment into the repayment account the day before the deduction, and the buyer requires the seller to give the bank card to himself for safekeeping.
Let the seller cooperate to modify the password of the bank card, stop the online banking business of the bank card, and prevent the seller from taking the money and using it for other purposes before the bank deducts the money.
Third, the house is mortgaged, can it be repaid in advance?
If the seller wants to repay the mortgage of the house in advance, he needs to know the rules of the loan bank about prepayment. Major banks have different regulations on prepayment, and some banks will stipulate that prepayment is not allowed within one year. Therefore, buyers and sellers need to do their homework in advance and consult the loan bank in advance according to the specific situation.
Buyers need to be extra careful when dealing with mortgaged houses. If the seller uses the buyer's down payment to solve the mortgage loan, the buyer must ensure that the relevant funds are used for repayment through contract agreement and actual operation, and the seller is not given the opportunity to misappropriate them.