Mortgaged houses can be transferred, but the following points should be noted:
1. Bank agrees: If the house has outstanding loans, it needs the bank's consent before it can be transferred. Before the transfer, it is necessary to pay off the mortgage or negotiate with the bank to transfer the loan, otherwise the bank cannot agree to the transfer;
2. Payment of taxes and fees: All taxes and fees payable, including deed tax and personal income tax, should be paid before the transfer. Before paying taxes, the ownership of the house cannot be transferred to the new owner's name;
3. Sign the transfer agreement: The buyer and the seller need to sign the transfer agreement to clarify the rights and obligations of both parties. The transfer agreement needs to indicate the detailed information of the house, the transaction price, the transfer time and method, etc. ;
4. Handling the transfer formalities: On the premise of satisfying the bank's consent, paying taxes and signing the transfer agreement, the buyer and the seller need to handle the transfer formalities at the local real estate management department. Need to prepare complete transfer materials, including real estate license, identity certificate, transfer agreement, tax payment certificate, etc.
The general process of house transfer is as follows:
1. The seller and the buyer sign a transfer agreement, specifying the rights and obligations of both parties, transaction price, payment method, etc.
2. Confirm the information of the house owner and the house loan. If the house has outstanding loans, it needs the consent of the bank before it can be transferred;
3. Both parties pay taxes such as deed tax and personal income tax, and handle the tax payment certificate;
4. Material preparation: The seller needs to provide real estate license, identity certificate, transfer agreement, tax payment certificate, house condition description, house inspection report and other materials. The buyer needs to provide identification certificate, transfer agreement, tax payment certificate, proof of housing fund source and other materials;
5. Go through the transfer formalities with the local real estate management department, submit relevant materials and pay relevant fees;
6. Transfer approval: the real estate management department will review the information and issue the title certificate if there is no problem;
7. New title certificate: The new title certificate changes the name of the seller to the name of the buyer, and indicates the time of property right change.
To sum up, it is necessary to ensure the authenticity of information, ensure the timely and standardized payment of taxes and fees, and abide by relevant laws and regulations. At the same time, the procedures involved in house transfer are complicated, so it is suggested to choose a professional real estate agent or law firm to assist in handling it, so as to ensure the smooth completion of the transfer process.
Legal basis:
Article 209 of the Civil Code of People's Republic of China (PRC)
The establishment, alteration, transfer and extinction of the real right of immovable property 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.
Article 2 10
The registration of real estate shall be handled by the registration agency where the real estate is located. The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.
Article 2 1 1
When applying for registration, the parties concerned shall provide ownership certificate, property boundary, area and other necessary materials according to different registered items.
Article 2 14
The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.