The house is owned with a bank’s mortgage transfer to buyer

According to the provisions of Clause 5, Article 321 of the 2015 Civil Code, the mortgagor has the right: "To sell, exchange, or donate mortgaged assets that are not goods circulated in the process of production, business, if agreed by the mortgagee or as prescribed by law".

Therefore, if the house is mortgaged at the bank with the bank’s consent, the Parties can carry out the above transfer and the agreement between the Parties will not violate the law.

In this case, the Transferor, together with the Transferee and the Bank receiving the mortgage, can establish a three-party agreement regarding the payment of transfer fees between the Seller and the Buyer as well as the payment of debt. Loan to the Bank (principal and interest). This agreement must be made in writing and notarized according to the provisions of law. The bank will carry out procedures to remove the mortgage and return the land use right certificate to the seller. The two parties will agree to pay the remaining transfer amount, after deducting the amount owed to the Bank (if any). Immediately upon receiving the Certificate of Land Use Rights, the Seller and the Buyer must sign a Land Use Rights Transfer Contract at the Notary Office, pay personal income tax and real estate registration fees at the Tax Department. District where the real estate is located and carry out procedures to register and transfer home ownership at the competent authority to the Buyer according to the provisions of law./.

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