Can I sell if I am still paying off my home loan?
Yes. It is one of the most common situations. On the day of the deed, the mortgage discharge (distrate) takes place: part of the sale price is used to settle the amount you still owe the bank, the bank issues a statement confirming the debt has been cleared and cancels the charge, and the rest is yours. All of this happens at the same time, in a coordinated way.
What if the property has a lien (penhora)?
A lien (penhora) — for example, arising from tax debts or debts to third parties — works in a similar way: the amount owed is confirmed with the creditor and settled as part of the deed, with the remainder handed over to the owner. The difference is that each lien requires a prior legal review to confirm the amounts, the entities involved and the procedures for lifting it.
What happens if the debt exceeds the value of the property?
It can happen, especially where several liens have accumulated. In such cases, the solution requires negotiation with the creditors and a case-by-case analysis. There is no single answer, but there is almost always a way forward — the important thing is to assess the situation early, with concrete figures.
Selling with associated debts involves waiting for creditors' response times. Starting to gather the information early (amount owed, creditor, references) speeds up the transaction considerably.
Why a direct purchase helps in these cases
Situations involving a mortgage or a lien tend to put off private buyers, who fear the complexity. A buyer who regularly handles this type of transaction can coordinate the mortgage discharge and the settlement of encumbrances directly at the deed, and set a realistic timeline — reducing the uncertainty for the seller.