A
mortgaged house or flat can certainly be sold. There are no legal issues for
both the buyer & the seller. There is a procedure to be followed for this.
For
example, if a person wants to buy a mortgaged house or flat out of his
own money, some procedure has to be followed.
- The
seller will have to approach the mortgaged bank and inform about the decision
to sell. He has to obtain the financial statement regarding the loan, the
balance, the principal, etc. He has also to obtain an authorised list of
documents available with the bank.
- He has
to obtain a ’No objection’ certificate from the bank regarding the release of
the house registration document once the loan is paid back.
- The
seller will have to hand over all the bank correspondence and the copy of the
sales deed and copies of all documents related to the flat/house to the buyer.
- The
buyer will have to show these documents to his/her lawyer and then pay an
advance to the seller. After this, the buyer & the seller will make
the sales agreement document and sign it in the registration office.
- The
seller will pay the balance due to the bank after the receipt of money from the
buyer. He has to obtain a letter from the bank that the account is closed.
- The
seller has to hand over all the bank documents to the buyer and get a receipt.
The buyer will have to give the cash document to the seller and then register
in the registrar’s office.
Mortgaged
house loan
You do
not have ready money on hand. You need to obtain a loan from the bank for a
buying a mortgaged house/flat. Even for this situation, some procedures can be
followed:
The
first 3 steps described above should be carried out by the seller. Let us what
the buyer needs to do:
- ThThe
buyer will have to hand over all the documents to the bank giving the loan. He
has to submit an address proof with photo, identity proof with photo, income
proof, and the inspection report of the bank. The duly filled loan application
should be submitted.
- The
bank will issue a loan release acceptance letter after the verifications. There
may not be an undue delay as anther bank has already carried out all the
checks.
- The
bank will now directly pay the bank where the house/flat had been mortgaged.
- The
mortgaged bank will now hand over the documents in its possession to the bank
releasing the loan.
- The
loan advancing bank will now pay the seller the balance amount after the
principal & interest. Finally, the buyer can register the purchase in the
registrar’s office.
If the
buyer of the mortgaged house/flat takes his loan from the same bank, the
procedure will be even simpler saving considerable time & hardship.