Can a house be transferred with a loan?

Abstract: A house can be transferred with a loan, but certain procedures are required, mainly in the following ways: 1. The seller pays off the loan from the bank and cancels the mortgage before going through the formalities of property right transfer; 2. The buyer and the seller negotiate and issue a written agreement to the bank on the change of property rights. < br >

Legal analysis: the house can be transferred with a loan, but it needs to go through certain procedures, mainly in the following ways: 1. The seller pays off the loan from the bank and cancels the mortgage before going through the formalities of property transfer; 2. The buyer and the seller negotiate and issue a written agreement to the bank on the change of property rights of the house. < br >

1. Pay off the loan personally < br >

If there are sufficient funds, you need to pay off the loan first. In this way, you can transfer the ownership normally under the condition of paying off the loan. < br >

The owner can consult the loan bank and apply for prepayment. After the loan repayment is completed, mortgage to buy a house can handle the sale and rename the house. During the mortgage repayment period, the words "real estate mortgage" exist on the house ownership certificate, so the owner needs to wait until the bank loan is paid off, bring his other rights certificate and loan repayment certificate provided by the bank, and exchange it for the property certificate without the words "real estate mortgage" at the local housing management center, and then he can handle the transfer normally. < br >

In addition to the homeowner's own repayment of the mortgage, you can also find a buyer who can pay the full amount. Through the transaction, the buyer keeps the balance, and when the homeowner pays off the loan with the money paid in the previous period, he can change his name and transfer the ownership. However, in this case, the buyer can only pay the full amount in one lump sum, and can't apply for a loan from the bank. For the amount of the balance, the buyer and the seller can negotiate specifically, and write the balance and how to rename it in the sales contract. However, there are great risks in the sale of houses with outstanding loans. It is best for buyers and sellers to sign three parties through intermediaries and write the negotiation results into supplementary agreements to avoid risks as much as possible. < br >

Second, the bank issues an agreement < br >

If you can't make up the money to repay the loan yourself, you can find a financial institution to "advance the money" and pay back the house payment after the successful transfer. If the house with outstanding loan is sold, the property right cannot be changed, that is to say, the buyer can't get the property right certificate, and can only transfer the ownership after repaying the loan. < br >

At present, there are some formal guarantee companies involved in the work of real estate mortgage. You can choose a guarantee company to help you "release the mortgage" through the recommendation of a formal intermediary, and then repay it to the guarantee company to complete the "release the mortgage" process. < br >

Legal basis: Article 46 of the Civil Code of the People's Republic of China, 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 mortgaged property may damage the mortgage right, he may request the mortgagor to pay off the debt or deposit the proceeds from the transfer to the mortgagee in advance. The part of the transferred price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor. < br >

Can a bank loan be transferred to someone else's name?

loans cannot be transferred to other people's names. Loans handled by individuals cannot be transferred to others at will. Only after consultation with others, others will apply for loans from the bank and then use the loans to help you pay off the debts, the debts may be transferred to others' names.

unless both parties have reached an agreement and signed a new contract for the outstanding part of the loan with the consent of the original loan bank, it can be transferred to someone else's name, which is equivalent to refinancing. The bank will not handle such business and will directly refuse it.

if the house loan needs to be transferred to someone else's name, you need to go through the transfer procedures, so that you can re-apply for the loan. Only when the house has been registered can the mortgage be repaid. The process is as follows: after the loan contract is signed by the bank and approved by the bank, the previous loan repayment will be made, and then the new property right certificate will be handed over to the bank for loan, and the buyer will repay the transaction every month.

Mortgage-to-mortgage loan is a general term for personal housing loan, and whether it can be handled depends on whether the bank and the lender agree through consultation. If the bank allows, it can be handled according to the following steps:

1. The seller applies to the mortgage issuing bank and waits for the bank's approval

2. If the bank has passed the examination, the bank, the seller and the new buyer sign an agreement, and the bank agrees that the seller will transfer the house, and the buyer promises to give priority to repaying the bank loan and authorize the bank to directly deduct the outstanding loan principal and interest from the account opened in the bank. The buyer promises to transfer the house payment to the account opened by the seller in the bank

3. The seller and the buyer sign a house transfer contract

4. The buyer applies for a new loan from the bank. The calculation formula is: the loan amount is the market price of the house purchased × the percentage of the second-hand house loan. The general mortgage loan amount is about 7% of the house price. If it is guaranteed, it may be higher. The loan amount for shops is about 5%. About 6% of the office buildings and 5% of the factory buildings

5. After the bank agrees, it will sign a new loan contract and mortgage contract with the buyer

6. The bank and the seller will go through the mortgage cancellation registration formalities in the real estate management department, and then go through the new loan mortgage registration formalities with the buyer.

Can the house with bank loan be transferred

It can be transferred, but it must be handled in the form of sale.

According to the Regulations on the Administration of Urban Real Estate Transfer, the following procedures should be followed:

1. Sign a written transfer contract.

2. Within 3 days after signing the contract, apply to the housing management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction price.

3. The housing management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days.

4. The housing management department shall review the declared transaction price and conduct on-site survey and evaluation of the transferred real estate as required; The parties involved in the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations.

5. The real estate management department issues the transfer order.

6. The parties shall go through the formalities of property right transfer with the transfer form and obtain the certificate of real estate ownership.

Extended information:

There are two ways to buy a mortgaged second-hand house:

One way is for the buyer to pay off the mortgage loan of the bank in one lump sum, terminate the original loan contract, and go through the formalities of canceling the mortgage registration, so that there are no other rights obstacles in the house, and then the owner of the second-hand house and the buyer of the second-hand house go through the formalities of property transfer.

in the case of paying off the bank mortgage in one lump sum, in order to prevent risks, it is best for the buyer to agree with the seller to directly pay the house purchase price to the repayment account of the mortgage bank.

the second way is to buy a second-hand house with a mortgage loan. That is, the buyer also applies for a mortgage loan from the bank to buy a second-hand house. The buyer can apply for a refinancing from the seller's original mortgage loan bank or from other banks.

Notes on the transfer of the loan house:

1. The property right of the mortgaged house is clear, and there is no repeated mortgage, lease, etc.

2. The mortgaged customer has reached an agreement on the purchase and sale of the house and signed a sales contract;

3. The original borrower's credit standing is good, and the loan is not overdue or delinquent;

4. The original borrower has obtained the right certificate of the relevant house;

5. The new borrower has good credit standing, meets the loan requirements, and can provide relevant application materials.