How can you protect your rights and interests when buying and selling a mortgaged house?

You can choose a real estate agency that has the strength to operate legally, and it costs intermediary fees, but it is more convenient, and there are supporting contracts.

The main risks are who bears the obligation to redeem the property and the transfer of the real estate certificate.

Mainly in the way of transfer, assuming you are the buyer: one is a direct way to change the name (that is, the seller on the rest of the mortgage of the house you originally did not move, and then return the down payment and the difference to the seller), this is the most convenient, but this procedure is very troublesome, the need for real estate administrative departments (such as the exchange or property rights registration center), banks, sellers, buyers, and sometimes the developer needs to cooperate with each other to operate the way, but it is very difficult to convene these parties at the same time. So there are the following ways::

You help the seller to repay the balance of the bank first, and then go through the transfer and mortgage procedures after the house is released, but in this case, your risk will be greater, because there is a situation where the landlord regrets and does not want to sell the house after the house is released, so the procedure for recovering your mortgage money is very troublesome (often go to the court), and some people even sell the house while fighting a lawsuit, and there are people who cannot recover the money at all.

Therefore, in this way, it is best not to advance money by yourself, but to go to a real estate guarantee company, and they will provide funds as an intermediary to operate, which is safer, and the seller cannot take the money if the transaction is not successful. However, in this case, the guarantor company will be charged a certain amount of the guarantee (interest on the guarantee).

The last one should be said to be the best, that is, the landlord has his own spare money, he can release the mortgage first, and then sign a contract with you at the same time, and then transfer the mortgage and handle the mortgage after the mortgage is released, as well as the liability for breach of contract. In this way, when his property right certificate is issued, your risk is much smaller, but there are also cases where the release of the mortgage is not timely, and it has been delayed, so it should be clearly written in the contract to prevent and avoid it as much as possible. From the landlord's point of view, he will increase the amount of the deposit, so that you will not be able to regret it, and if he releases the deposit and you do not buy it, then you will have to pay double the deposit.

Hope it helps, hope!

Legal analysis: If the developer fails to notify the mortgagee and the buyer of the mortgage when mortgaging the commercial housing to the banquet consumer**, the transfer is invalid. In other words, the contract for the purchase and sale of commercial housing signed between the buyer and the developer is invalid.

Therefore, the mortgagee, as the mortgagee, has the right to realize the mortgage in accordance with the relevant provisions of the law if the debtor (developer) delays in performing the repayment obligation.

Legal basis: Article 153 of the Civil Code of the People's Republic of China: Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Your question can be divided into 2 situations:

1.You can repay the loan and release the mortgage and take out the title deed. You can put the information of the house you want to sell to the intermediary company, they will help you find a buyer, you will sign the sales contract, agree on the relevant transfer time, you can go to the bank where you buy a house for mortgage, apply for repayment and obtain certificates, and then you can transfer the property and collect the remaining payment for your sale of the house.

2.You can't repay the loan yourself. After finding the buyer, you also have to sign the sales contract, and let the buyer take the money to help you repay the mortgage payment from the bank.

In this case, your house should be repaid to the intermediary fairly, so that they can take the buyer's money to help you go to the bank to repay the loan and collect the certificate) Also, you can handle it, some banks have this kind of business, (according to the specific situation of the local bank, generally CCB can do it), and you can transfer the ownership after obtaining the certificate.