Mortgaged second-hand houses can be purchased. According to the law, during the mortgage period, the mortgagor may transfer the mortgaged property, and shall inform the mortgagee in time. If the mortgagee can prove that the transfer of mortgaged property may damage the mortgage right, he may require the mortgagor to return the property in time. In the second-hand housing transaction, many properties are mortgaged. When we were trading, neither the intermediary nor the buyer and seller considered the need to obtain the consent of the bank. We need to know that when dealing with mortgaged property, a necessary step is to cancel the mortgage. The sale of the mortgaged property must be approved by the mortgagee's bank, so after we pay off the loan of the house, the bank will automatically lose the status of the mortgagee. So after paying off the loan, the bank will issue a loan settlement certificate, and we will take this certificate to the housing management department to understand the mortgage procedures. At this time, the property traded belongs to the complete property right without burden of defects, so you can trade with confidence.

legal ground

Article 406 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 in advance with the mortgagee. 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.