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The house was mortgaged. Can I transfer it?
The house is mortgaged and can be transferred. The mortgagee shall be notified, and the interests of the mortgagee shall not be harmed. After the mortgaged house is transferred according to law, the transfer registration can be handled. If the mortgaged property is transferred, the mortgage right will not be affected. 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 transfer of mortgaged houses needs to go through the following procedures:

1. The house has been registered as mortgage, and it cannot be transferred without cancellation of mortgage. Therefore, if you want to transfer the mortgaged house, you need to cancel the mortgage registration first. If there is not much bank loan left in the house and the seller has enough money, he can pay off the loan at the bank first, and then go through the property transfer formalities after canceling the mortgage registration at the Housing Authority;

2. If the seller does not have enough funds, he can apply to the guarantee company for loan guarantee foreclosure. After paying off the bank loan, he will go through the mortgage cancellation registration, and then the buyer and seller will go through the transfer procedures. After the seller gets the house payment, he will repay the loan of the guarantee company. If you sell a house through an intermediary company, you can apply for an intermediary to cancel the mortgage;

3. Or if the remaining amount of the mortgage is not much, the buyer and the seller can negotiate to use the buyer's down payment to repay the loan first. However, there are certain risks for the buyer. It is best for buyers to go directly to the loan bank for the down payment according to the whole process, and keep relevant information. After the house is released, the transfer formalities should be handled in time;

4. Some banks can handle the formalities of second-hand housing mortgage. After negotiation between the buyer and the seller, the seller applies to the bank for re-mortgage. After the bank approves, the three parties sign an employment agreement. The seller promises to repay the principal and interest of the bank first, and the buyer promises to transfer the house payment to the seller's loan bank account.

Legal basis: Article 406 of the Civil Code of People's Republic of China (PRC).

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.