Can I sell a house that has not paid off the loan?
1. In the sale of second-hand houses, it is relatively simple if the buyer buys them in full. The seller only needs to apply to the bank for prepayment and then release the house. However, if the buyer also needs a loan, then it needs to apply for re-mortgage, that is, the buyer of the house will continue to repay the mortgage of the seller.
2. Because the seller's house is "in debt", that is to say, its property is still mortgaged in the bank, and it is necessary to pay off the remaining house price before lending, then when selling such properties, the intermediary will generally advise the buyer to pay the down payment to repay the loan for the seller, which is also the current practice in the industry. After the mortgage is lifted, buyers can continue to apply for loans, and after the loans are passed, they can go through the transfer procedures.
3. Although it does improve the turnover efficiency of assets, it may hide three major risks: first, the seller reneges on the price; Second, during the period when the buyer has paid the mortgage of the property, but has not yet handled the transfer, the landlord has a dispute over creditor's rights and debts; The third is the seller's malicious fraud.
In order to avoid such risks, many people rely on notarization. Many buyers also believe that this move has legal effect. In fact, housing notarization can only prove that there is a buying and selling relationship between the two parties to the transaction, which does not mean that the house will be returned to the buyer after notarization.
In other words, the property right of the house still belongs to the seller before the property right is transferred. During this period, if the seller sells the house to a third person privately, the property right of the house will be changed; If the seller has a dispute over creditor's rights and debts, the court will freeze the property, and even if the buyer has paid the house price, he can't protect his rights and interests.
What should I pay attention to when selling a house?
1, we cooperate with intermediaries: many sellers hang their houses in intermediary companies for sale, and many more customers will be listed for sale in the name of intermediary companies. However, it should be noted that as a seller, when cooperating with an intermediary company, it is necessary to clarify the entrustment method and listing period of the intermediary company. In addition, as a seller, don't easily collect the deposit from the intermediary, because some intermediary companies often book houses in the name of their own insiders, but in the end they sign contracts with others.
2. Need for deposit: The seller must pay attention to the deposit before signing the contract with the buyer. After the seller accepts the deposit, if the buyer reneges, the deposit can be confiscated by the seller. If the seller goes back on his word, he must pay the buyer twice. This is the key point to pay attention to. Be sure to know each other's information when selling a house. After signing the contract, both parties should prepare ID cards, seals and deposit receipts, so that you can confirm the sale and payment.