How to deal with the house being bought and sold first and then mortgaged

After the sale of the house, if the seller mortgages the house, causing the buyer to be unable to transfer the ownership, it is a fraudulent act, and the buyer may apply to the court to rescind the sales contract and require the buyer to compensate for losses.

Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.

The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

Legal basis. Civil Code of the People's Republic of China

Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 157:After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of that act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

After the house is sold first, if the original seller disposes of the property again and mortgages the property, it is a property law without the right to dispose of, and the lack of right to dispose does not affect the validity of the contract. 1.Transferee of third party in good faith 2

The disposer does not have the right to dispose of property 3Reasonable consideration 4There was an error in the registration of ownership in the immovable property register.

How to be repaid after the house is mortgaged.

1) If the seller fails to notify the mortgagee or fails to inform the purchaser of the mortgage of the mortgage, the mortgagor may transfer the mortgaged property during the mortgage period in accordance with Article 406 of the Civil Code [Disposal of the Mortgaged Property]. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall 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, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.

The mortgagee may claim that the transfer of the house is invalid. The purpose of registration is to ensure the stability of the property and the security of the transaction, and the consumer should check the ownership status of the house through the register, and the loss caused by its negligence should not be passed on to the mortgagee.

Even if the seller fails to notify the mortgagee or the purchaser of the creation of a mortgage on the mortgage, the validity of the sales contract is not affected by this, the mortgagee can still exercise the right of recovery in rem against the registered mortgage to realize its claim, and the transferee can also exercise the right of removal to obtain ownership of the mortgage, so that regardless of to whom the house has been transferred, even if it has been transferred to the consumer, the consumer's ownership cannot be used against the mortgage on the house, and the transferee can pay all its debts on behalf of the debtor. to obtain ownership of the house and then recover from the mortgagor the price paid to remove the burden on the house.

2) If the seller has notified the mortgagee and the consent of the mortgagee has been obtained for the disposition of the thing, the mortgagee may realize its creditor's rights in advance; If the buyer has been informed of the mortgage and the buyer still buys it, it is a voluntary risk borne by the buyer, and there is no basis for remorse and legal protection.

What happens to the house after it is bought and sold and then mortgaged? This kind of words, because your own words are bought and sold, the words that are mortgaged, then what you can definitely say, that is, what you say in terms of selling people, that is, what they say as partners, if they want to mortgage, they must be evaluated.

Yes, the mortgaged house can be bought and sold, but it is necessary to notify the mortgagee who has lost the mortgage, and the mortgagee can prove that the transfer of the mortgaged house may damage the mortgage right, and the mortgagor may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the price transferred by Shengdalu in excess of the amount of the claim shall be owned by the mortgagor, and the shortfall shall be repaid by the debtor. Article 394 of the Civil Code of the People's Republic of China: Where the debtor or a third party does not transfer possession of the property but mortgages the property to the creditor in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property. Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph. Article 400 To establish a mortgage, the parties concerned shall conclude a mortgage contract in written form. Mortgage contracts generally include the following clauses:

1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee. Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

According to the provisions of the Civil Code, if the seller is fraudulent and there is no early notification to the buyer that the house is mortgaged, the buyer can apply for the cancellation of the purchase contract, and after the cancellation of the purchase contract, the buyer can request a refund of the purchase price and require the other party to compensate for the loss. Regarding the question of how to deal with the mortgage of the house that is being bought and sold, I will answer it for you in detail below.

1. How to deal with the mortgage of the house that is being sold

1. If the house is mortgaged, it shall be handled according to the following circumstances:

1) If the seller is fraudulent and does not inform the buyer that the house is mortgaged, the buyer can apply for cancellation of the purchase contract, and after the cancellation of the purchase contract, he can request a refund of the purchase price and require the other party to compensate for the loss;

2) If the buyer knows that the house is mortgaged and still buys the house, the consequences shall be borne by both the buyer and the seller.

2. Legal basis: Article 148 of the Civil Code of the People's Republic of China.

2. Is the contract for the sale and purchase of the house mortgaged before the house is valid?

Since the value of real estate is generally large nowadays, it is necessary to be careful when buying a house to avoid buying a house that has been mortgaged first. However, if there is an intention to mortgage the house that has been mortgaged, or if you do not know that the house has been mortgaged in advance, it will directly affect the validity of the house sale contract.

In fact, the house can be sold before it is mortgaged, but the seller needs to fulfill the following obligations:

1. When signing the house sale contract, the mortgagee should be notified first, and the mortgagee should agree to sell the mortgaged house. For example, if the house is mortgaged to the bank, then if the seller wants to sell the house, it needs to notify the bank first, and then obtain the bank's consent before selling. If the obligation to notify is not fulfilled and the consent of the mortgagee is not obtained, then the contract of sale and purchase of the house will be invalid.

In addition, if the mortgagee agrees to sell the house after being notified, the mortgagee shall pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance, and the mortgagee shall not exercise the mortgage right in respect of the house unless otherwise agreed by the parties.

2. The seller should inform the buyer in advance of the fact that the house has been mortgaged, otherwise the buyer will realize it later, which will lead to the invalidity of the house sales contract.

However, once the seller has paid off the mortgage debt, the validity of the contract for the sale of the house will no longer be affected.

According to the provisions of the Civil Code, if the seller has committed fraud and has not informed the buyer that the house has been mortgaged, the buyer can apply for the cancellation of the purchase contract, and after the cancellation of the purchase contract, he can request a refund of the purchase price and ask the other party to compensate for the loss.