Current location - Loan Platform Complete Network - Loan intermediary - Can I sell a house that has not paid off the loan?
Can I sell a house that has not paid off the loan?
1. Can the house with outstanding loan be sold?

1. Houses with outstanding loans can generally be sold, but the following conditions shall be met:

(1) If the seller is able to repay the loan, the seller should pay off the loan first, release the mortgage and then transfer the ownership;

(2) If the seller is unable to repay the loan, but the buyer is able, the buyer can negotiate to pay off the loan first and then transfer the ownership;

(3) If both the buyer and the seller are unable, they can find a guarantee company, which will pay off the loan and then transfer the ownership, and then pay back the money to the guarantee company.

2. Legal basis: Article 406th of the Civil Code of People's Republic of China (PRC).

During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected.

Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.

Article 668

A loan contract shall be in written form, unless otherwise agreed between natural persons.

The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

2. Can the house with outstanding loan be settled?

As long as you have a real estate license, you can go through the formalities of settlement. After the loan to buy a house, the real estate license will not always be placed in the bank. Generally, after completing the mortgage formalities, the bank staff will mark the mortgage on it and then return it to the lender. Lenders can hold the property ownership certificate, occupancy certificate, ID card, household registration book and other materials, and go through the settlement procedures at the household registration management section of the local police station.