Housing mortgage can be transferred, but there are certain restrictions, as follows:
1. During the mortgage of the house, 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 shall not be affected:
(1) The parties have not agreed to prohibit the transfer: if the transfer contract is valid, the transferee can obtain the ownership of the house;
(2) The parties agreed to prohibit the transfer, but the agreement was not registered in the real estate registration agency: the transfer contract is valid and property rights can be obtained; In other words, the agreement between the parties cannot be against the registered assignee;
(3) The parties agree to prohibit the transfer and register with the real estate registration agency: if the transfer contract is valid, the property right cannot be obtained; In this case, without the cooperation of the mortgagee, it is impossible to handle the transfer registration;
2. The mortgagor shall notify the mortgagee in time when transferring the mortgaged property. 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;
3. If the mortgaged real estate is transferred, the transferee shall be informed of the mortgage registration of the real estate.
How long does it usually take for the mortgage to be lifted?
It usually takes about a month to lend money after the real estate license is mortgaged. The borrower prepares the loan demand after opening a current deposit account in the bank; Bank face-to-face, bank filing and approval; After approval by the bank, the bank will notify the borrower of the approval result and sign a loan contract with the borrower; Go to the Construction Committee for mortgage registration; Other warrants issued by the Construction Committee; Handle insurance, notarization and other formalities as appropriate; Waiting for a loan.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 38 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate.
To apply for the registration of the transfer of state-owned construction land use rights and housing ownership, the following materials shall be submitted according to different situations:
(1) Certificate of ownership of immovable property;
(2) Contracts for sale, exchange and gift;
(3) materials inherited or bequeathed;
(4) Separation and merger agreements;
(5) Legal documents that come into force by the people's court or the arbitration commission;
(six) the approval documents of the people's government or the competent department with the power of examination and approval;
(7) Relevant tax payment vouchers;
(8) Other necessary materials.
If the real estate sales contract should be filed according to law, the applicant shall submit the filed sales contract when applying for registration.
Article 406 of the Civil Code
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.