Is it Possible to Buy a House Being Used as Collateral for a Bank Loan?

I have a question and would like the Editorial Board to advise me:Currently, I want to buy a house that includes a house and homestead land, but the red book (land use right certificate) of that house is currently mortgaged at a bank for VND 2 billion. The interest payment deadline is approaching, and if not paid, it will be sealed. However, the homeowner (the husband) borrowed money from Mrs. A to gamble, and Mrs. A has filed a lawsuit. If I buy that house for VND 1.5 billion, is it possible? The homeowner wants to sell the house to repay the bank. Please kindly respond to me, thank you!

Based on Clause 1, Article 118 of the 2014 Housing Law stipulating the conditions of houses participating in sale transactions must ensure the following conditions:

- Have a certificate according to legal regulations.

- Not under dispute, complaint, or litigation concerning ownership rights, and within the ownership period in case of time-limited house ownership.

- Not being seized for execution of a judgment or not being seized to comply with an effective administrative decision of a competent authority.

- Not classified as land subject to a recovery decision, with eviction, demolition notices issued by a competent authority.

Therefore, based on the above regulation, you can still purchase this house as there is no decision to seize it by a competent authority, and Ms. A’s lawsuit against the homeowner concerns a loan-related issue rather than ownership rights. Thus, the house meets all the conditions under the aforementioned regulation, allowing you to fully purchase this house in accordance with the 2014 Housing Law.

The above is the advisory content from the Editorial Board sent to you.

Sincerely!

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