Houses with unpaid mortgages cannot be transferred normally because they are in a mortgaged state. Before the mortgage is paid off, the property cannot be transferred, because the transfer requires that the property has no legal disputes, unplanned demolition, no mortgage and other conditions. Even after the divorce, if the mortgage is not settled, it cannot be directly transferred. Pay off the bank loan and redeem the property right before applying for transfer. If one of the two parties is unable to pay off the loan in one lump sum, it can negotiate with the loan bank to change the lender and re-sign the mortgage contract of the house loan, so that the property rights of the house will be transferred after the loan is paid off.
Influencing factors of mortgage loan:
1, mortgage interest rate: affects monthly repayment amount and total repayment cost;
2. Repayment method: equal principal and interest and average capital affect the repayment plan;
3. Loan term: the length of the loan term will affect the total repayment amount and monthly payment;
4. Advance payment: whether advance payment and related expenses are allowed;
5. Credit record: The borrower's credit record will affect the loan approval and interest rate;
6. Policy changes: The adjustment of the national mortgage policy may affect the loan conditions and interest rates.
To sum up, the house with unpaid mortgage cannot be transferred normally, and only after paying off the loan can you apply for transfer. If one party is unable to pay off the loan in one lump sum, it can negotiate with the bank to change the lender and re-sign the contract so as to transfer the ownership after paying off the loan.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 406
During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.