5 Ways to check if real estate is being mortgaged by a bank
Real estate is extremely valuable and important to the people. Real estate transactions are common and occur frequently in the market.
One of the major risks when buying a house or land is not knowing if the house or land you intend to buy is mortgaged, because at this time the purchase of the house will encounter legal issues, that is, the purchased property will not be legally recognized. Therefore, buying and selling houses and land is particularly valued by people and carefully considered, especially whether the house or land is mortgaged for bank loans.
1. Check the information on the Land Use Right Certificate
Before buying and selling real estate, you must request the homeowner to show you the original land use right certificate. For real estate mortgaged at a bank, the bank will clearly state directly on the land use right certificate "Has mortgaged the land use right to the bank... under contract number..." or attach a separate sheet (additional page with the overlapping seal of the land registration agency). This information is shown on page 3, page 4, or additional pages of the certificate.
When the assets are legally mortgaged, the mortgagee shall keep the original and have the authorized agency stamp and write the words: "Mortgaged the land use rights to the bank... under contract number...".
In case the seller intentionally hides information about the Real Estate being mortgaged, they may only show you a photocopy or remove the mortgage certificate. If you observe carefully, you will notice that in one corner or edge of the Certificate, there is only half of an overlapping mark or a mark from a paperclip. You need to pay attention to these points.
2. Look up information at the notary office.
With this method, the buyer must first request the seller to provide a photocopy of the Certificate of Land Use Rights (red book/pink book). Then, the buyer takes this photocopy to the notary office to check whether the property is currently mortgaged by a bank or not. Note that depending on the regulations of each notary office, this checking process may be free or may incur a fee.
Even when the house has been verified for mortgage and the bank allows the transaction, the buyer still needs the support of a notary office to avoid mistakes in the transaction. Specifically, the buyer should bring all relevant documents related to buying and selling real estate to the notary office, where the sales contract will be made to be checked and advised on potential risks.
3. Check information at the functional agency.
To know if a house or land is currently mortgaged by a bank, you can check through the Land Registration Offices or branches of the Land Registration Offices where the house or land is located. A photocopy of the Certificate provided by the seller can be used to check the status of whether the house or land is currently mortgaged or not.
4. Check the seller's information through people in the area
To check whether the seller's real estate information is currently mortgaged, you can contact reputable real estate trading floors. You should choose trading floors or brokerage firms with legitimate operating documents, transparent operations, professionalism, and trusted by many customers.
However, to be absolutely sure, before making a transaction, the buyer still needs to carefully check the information about the seller. When the seller mortgages the real estate to hot loan organizations and you cannot verify the information at the authorities, inquiring with the locals in the area is considered an effective way. You can ask them about the information of the seller as well as the property you intend to buy, for example, what kind of person the seller is? Is that real estate really owned by them?...
You can survey, ask the people around in the area to see how the security situation in this area is, if anyone comes to collect debts, if it is true that the house and land are for sale or not... This is also a way to ensure safety, make sure before deciding to buy a house and land.
In addition, if the real estate already has a "red book", typically the legally mortgaged assets are held by the mortgagee and sealed by the competent authority, stating the mortgage of land use rights for someone, as well as information on the removal of the mortgage directly on the red book.
Therefore, before deciding to purchase, the buyer has the right to request the property owner to show the original red book for checking this information.
5. Deposit contract information
When you want to buy a house or land, the buyer must deposit a certain amount of money based on the value of the land or house. Therefore, it is necessary to pay attention to the information in the deposit contract as it is the evidence that helps protect the buyer's rights (usually the deposit amount will not exceed 10% of the purchase price).
Ngoài ra, hợp đồng đặt cọc cần đầy đủ thông tin chính xác và thống nhất như thông tin của hai bên bao gồm: Thông tin giấy chứng nhận quyền sử dụng đất, số vào sổ cấp ngày bao nhiêu, thời gian và địa điểm đặt cọc, đặc điểm nhà đất, giá trị mảnh đất (ngôi nhà), tiền đặt cọc và cách thức thanh toán, xác định bên chịu thuế phí và lệ phí, xử lý tiền đặt cọc khi phát hiện hành vi vi phạm hợp đồng……
In case the seller publicly discloses that the property is being mortgaged by a bank or the buyer discovers that the property they intend to purchase is being mortgaged, the buyer needs to prepare a commitment agreement involving three parties: you (the buyer), the seller (the mortgagor), and the bank (the mortgagee). The minutes will relate to the payment of money between the seller and the buyer and the payment of debts between the seller and the bank. This document will help bind the rights, obligations of all 3 parties in the payment of money, handling contract violations as well as handling assets such as the mortgaged house.