4hw.com.cn: as we all know, when buying a house, you can choose to buy a new house or a second-hand house. Because the price of a second-hand house is lower than that of a new house, many buyers will focus on the second-hand house for the first time. So in the face of the house that has not yet paid off the bank loan, due to the state of being mortgaged, it is unable to transfer the ownership normally. In the real transaction process, the loan can be paid off in advance before the transfer formalities are handled, and the mortgage can be released, so that the transaction can be carried out successfully.
Pay off the remaining loan with the buyer's down payment
This is the most common way in second-hand housing transactions. This model is applicable to the situation that the loan amount of the original homeowner is low or the original homeowner has repaid most of the loans, and the remaining loans are not large. The landlord can use the house purchase and the down payment to pay off the remaining loan, and then cancel the mortgage registration of the property to carry out the next transaction.
However, it should be noted that some banks may have some restrictions on early repayment in the loan contract. For example, if the seller does not meet the conditions for early repayment, it is still difficult to smoothly lift the house mortgage. In addition, if the down payment paid by the buyer is not enough to pay off the loan, a certain proportion of the payment can be negotiated with the buyer, but at this time, the buyer may take this opportunity to bargain.
Let the buyer repay the remaining loan
Refinancing refers to that the buyer of the house continues to repay the outstanding loan of the seller with the consent of the loan bank. However, due to the complexity of mortgage transfer procedures, there are many risks for the loan banks, leading to many banks are not willing to carry out this business, so the operability of this operation mode in practice is greatly reduced.
Using bank loans to pay off the remaining housing loans
If neither of the above two methods works, the seller can consider applying to the bank for a loan with the collateral (such as other real estate) recognized by other banks, and using the loan to pay off the remaining real estate loans, so as to facilitate the successful transaction. After that, wait for the buyer to pay for the house, and then pay off the mortgage.
The Seller shall pay attention to the time when the loan is repaid in advance and the mortgage is released. If the mortgage can't be released in time, so the transfer can't be made on time, it is likely to bear the liability for breach of contract.