First, the relationship between outstanding mortgage and property transfer
In the case that the mortgage has not been paid off, the ownership of the house usually belongs to the bank or lending institution, and the purchaser only has the right to use it. This is because property buyers borrow money from banks or lending institutions through loans when buying a house, and take the house as collateral. Therefore, in the case of outstanding mortgage loans, buyers are not completely free to dispose of real estate.
Second, the possibility and limitations of the transfer operation
Although buyers may face certain restrictions when the mortgage loan is not settled, in some cases, it is still possible to transfer the property to their families. This usually involves negotiations with banks or lending institutions and possible loan transfer or rescheduling. However, it should be pointed out that such operations are often complicated and may involve additional costs and risks.
Specifically, buyers need to communicate with banks or lending institutions to find out whether to allow the mortgage to be transferred to the family name. If the bank or lending institution agrees, then the buyers and their families need to go through relevant procedures, including signing the loan transfer agreement and handling the transfer procedures. In addition, family members may need to meet certain loan conditions, such as credit history and proof of income.
However, if the bank or lending institution does not agree to the mortgage transfer, then the buyer may need to pay off the mortgage before the transfer operation can be carried out. This may require the purchaser to raise enough funds to pay off the loan at one time, or solve the loan problem by other means (such as selling the property).
Three. Risks and preventive measures
When transferring property, buyers and their families need to fully understand the risks and precautions they may face. For example, taxes, fees and other expenses that may arise during the transfer process; Whether the family can bear the repayment responsibility of the mortgage after the transfer; And possible legal disputes in the future.
In addition, buyers and their families also need to ensure the legality and compliance of the transfer operation and abide by relevant laws, regulations and policies. In case of doubt or uncertainty, it is recommended to consult a professional lawyer or real estate agent to ensure the smooth transfer operation.
To sum up, in the case that the mortgage has not been repaid, the mortgage can be transferred to the family, but the specific operation depends on the regulations of the bank or lending institution and the specific conditions of both parties. During the transfer operation, you should fully understand the possible risks and precautions to ensure the legality and compliance of the operation.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 214 stipulates that the establishment, alteration, transfer and extinction of the real right of immovable property shall take effect when it is recorded in the register of immovable property.
"People's Republic of China (PRC) City Real Estate Management Law"
Article 38 stipulates that the following real estate may not be transferred: (1) The land use right obtained by transfer does not meet the conditions stipulated in Article 39 of this Law; (two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law; (three) to recover the land use right according to law; (four) without the written consent of other people, * * * owns real estate; (five) the ownership is controversial; (6) Failing to register according to law and obtaining the ownership certificate; (seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.
Please note that the above legal provisions are only some relevant laws and regulations, and the specific operation needs to refer to the specific local laws and policies. It is recommended to consult a professional legal person to ensure compliance when transferring property.