Property notarization is a measure to make the house completely your own. People who are worried that their property will be taken away by others will do this. However, some properties are still in the process of repaying loans, and they have not paid off the full amount. So can the real estate loan be notarized if it is not paid off? The following small series mainly introduces you to the relevant knowledge of real estate loans. Can the real estate loan be notarized if it is not paid off? The outstanding house property rights have been mortgaged to the bank, and you have no right to transfer the house property rights and rename it by mortgage sale! The notary office will not accept the notarization of real estate without proof of property rights. But ~ ~ you can write an agreement, indicate your above requirements, go to the notary office together, and notarize your signed handprint! Attention; It's a notarized signature, not an agreement that is notarized according to the number of pieces and does not exceed that of 200 yuan. Property notarization has legal effect. Property notarization is accepted by the notary office where the property is located or where one party to the property contract is located or where the property contract is signed. The legal effect of real estate notarization is: (1) Real estate notarization can guarantee the authenticity of real estate transactions. The authenticity of civil behavior includes two meanings: first, the behavior is indeed done by the actor; Second, the actor's behavior is the expression of his true meaning. In real estate transactions, there is basically no problem for traders to conduct transactions in person, and even if there is a problem, it is easy to be found and corrected; The problem is that the trader's behavior is based on his misunderstanding of the transaction. China's Civil Code (202 1, 1 came into effect) stipulates that contracts signed by the parties due to major misunderstanding and contracts signed under misunderstanding due to fraud are false representations and revocable civil acts. Accordingly, in real estate transactions, the buyer signed the pre-sale contract of commercial housing based on the untrue propaganda of the real estate agent, and the transferee signed the house transfer contract because he was unaware of the defects of the house, which is not true. However, this situation exists in a large number of real estate transactions at present. Just because most parties are unfamiliar with the law, they mistakenly think that they can't change the fait accompli by signing and sealing the contract. Therefore, there are not many cases of bringing a lawsuit to the court to cancel the transaction. However, with the further popularization of social legal knowledge and the further expansion of lawyers' business, the number of lawsuits in this area will definitely increase greatly. However, if the real estate transaction is notarized, such problems can be effectively avoided through the strict and meticulous inquiry, notification, examination procedures and evidence preservation measures of the notary office, so that traders can exchange relevant information honestly and in detail, express their opinions comprehensively and concretely, and ensure the authenticity of the expression of will. (2) Notarization can guarantee the legitimacy of real estate transactions. Real estate transaction involves many laws, and its behavior is regulated not only by special real estate laws, regulations and rules, but also by China's Civil Code, Company Law and other laws. To ensure that the real estate transaction is legal, the most difficult thing is to ensure that the transaction does not conflict with any legal provisions. Most traders can't have such a high legal level. Taking notarization as a necessary procedure for some real estate transactions, and allowing professional legal persons who have the ability to fully grasp and correctly understand relevant laws and regulations to examine the transaction behavior can ensure the legitimacy of the transaction behavior. If the real estate loan is not paid off, it is difficult to apply for legal aid. If you don't meet the application for legal aid and need the help of a lawyer, you can find a lawyer online.
Legal objectivity:
Article 209 of the Civil Code of People's Republic of China (PRC) establishes, changes, transfers and extinguishes the real right of immovable property, which shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.