If the house is mortgaged to someone else, does the other person have the right to sell it?

The house is mortgaged to someone else, and the other person has no right to sell it, because your house is only mortgaged to him. There are usually two results of the mortgage, one is to be able to repay the borrowed money and get the house back, and the other is to repay the borrowed money and give the house to him.

1. A mortgage does not mean giving him the house

We borrow money from the mortgagee and only temporarily mortgage the house, house tickets, certificates, etc. to someone else. It does not mean that we give the house to him, and the other party has no right to dispose of the house we mortgaged before the loan term expires. Moreover, the sale of the house still requires the consent and signature of the owner of the house, and the mortgagee has no right to sell the house directly without going through the owner of the house.

If you mortgage your house, no one has the right to make a decision to sell the house before the loan date has expired. Because the owner of the house may repay the loan and get the house back, he is just temporarily mortgaging the property here. Of course, if the owner of the house can't afford it, then that's a different story.

2. The law stipulates that the sale of a house must be agreed by the owner of the house

Although the house is mortgaged to someone else, the law stipulates that the owner of the house must be present and agree to sell the house. The person who receives the mortgaged house only lends the money to the person who mortgages the house, and in the process he does not have any right to sell the house, and if he sells the house, he is breaking the law. This can sue him, the mortgage does not mean that the house is given to him in full, if the money is not paid, then the house can be given to him as a price.

This kind of thing is very detailed in the law, if the person who receives the mortgage sells the house without permission, it is the first time to hold him accountable and sue him. There is nothing to hesitate about, there is nothing to doubt, a day before the deadline for repaying the loan is reached, he has no right to dispose of the house, and there must be a contract and justice between the two people.

This is a society governed by the rule of law, where everything has a law to follow and a law to follow, and we can completely follow the legal procedures. Use the law to protect everyone's personal rights and interests, and when you mortgage the house, you must be safe and sign a contract.

Generally speaking, if the house is mortgaged to someone else, others have no right to sell it, and the right to use the house also belongs to the owner himself, and only the owner of the house is qualified to buy and sell the house.

If the house has been mortgaged to someone else, it belongs to someone else's property, and someone else has the right to buy and sell the house.

I don't think there is, it's just a mortgage, it's not sold to him, he doesn't have the right to sell.

If you pay the money in full, you can sell, or if you owe him a lot of money, you can buy and sell if you do justice.

Can be mortgaged to individuals. For specific procedures, please consult the local real estate registration department, generally mortgage contract, real estate certificate, ID card and other materials. It is necessary to apply for other items to be used as warrants.

If the building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together.

Article 3 of the Civil Code Article 195 The debtor or a third party has the right to dispose of the following property 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 and administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.

Legal Analysis: Mortgaged shacks can be bought and sold. However, the mortgagor shall notify the mortgagee in advance before selling the mortgaged house.

Legal basis: Article 406 of the Civil Code of the People's Republic of China of Lianliang During the mortgage period, the mortgagor may transfer 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 debt shall be owned by the mortgagor, and the debtor shall pay off the shortfall.

Yes, the owner of the house will be subject to the following restrictions after the house is mortgaged:

1. During the mortgage period, when the owner of the house transfers the house, he shall notify the mortgagee in advance, and also inform the buyer of the house that the house has been mortgaged. If the seller does not notify and does not inform in advance of the mortgage, then the contract for the sale and purchase of the house will not be completed, because the contract for the transfer of the house is invalid.

2. If the price of the house is significantly lower than the value of the house, the mortgagee may request the mortgagor to provide the corresponding guarantee. If the mortgagor does not provide security, the house will not be allowed.

3. The price obtained by the mortgagor of the house will be owned by the mortgagor except for the repayment of debts to the mortgagee or the deposit of the third party agreed by the mortgagee, and the remaining part will be repaid by the mortgagor.

Therefore, according to the above provisions, in fact, the mortgaged house can still be transferred, that is, the obligation to notify the mortgagee and inform the buyer must be fulfilled, otherwise, the legal effect of the transfer will be directly affected.

Civil Code of the People's Republic of China

Article 406:During the mortgage period, the mortgagor may transfer 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 of the state mountain model to the mortgagee in advance or deposit the proceeds of the transfer. 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.

Article 407:The mortgage right shall not be transferred separately from the creditor's right or used as security for other creditor's rights. Where the creditor's right is assigned, the mortgage right securing the creditor's right shall be transferred together, except as otherwise provided by law or otherwise agreed by the parties.

Article 408:Where the mortgagor's conduct is sufficient to reduce the value of the mortgaged property, the mortgagee has the right to request the mortgagor to stop its conduct; If the value of the mortgaged property is reduced, the mortgagee has the right to request that the value of the mortgaged property be restored, or to provide security corresponding to the reduced value. If the mortgagor does not restore the value of the mortgaged property and does not provide security, the mortgagee has the right to request the debtor to repay the debt in advance.