Can I donate the house with outstanding loan?

Of course. If it's mortgage to buy a house, the buyers have to repay the loan, and the owner can give it to others. If the house loan is not paid off, the owner of the house has not obtained full ownership of the house. But you can give the house to others, but you can't register the transfer.

Can the house with outstanding loan be transferred?

1. The house whose loan has not been paid off cannot be transferred because the ownership is still mortgaged in the bank. Only after paying off all the bank loans and getting a mortgage can we go to the Housing Authority to handle the transfer procedures, and finally we can prove that the house is really in hand.

The house has not been paid off, and the loan is still mortgaged. Without the consent of the mortgagee, it shall not be sold in the market. Unless the loan of the house is paid off, if you want to transfer the house for resale, you can negotiate with the buyer, and the buyer will pay off the loan and get the other warrants, and then go to the Housing Authority to go through the mortgage formalities, so that you can trade in the market and finally transfer the ownership successfully.

What are the procedures for house donation?

1. Sign a gift contract. The gift of the house must have a gift contract, so before going through the formalities, the donor must sign a written gift contract with the recipient.

2. notarization. The donee shall go through the notarization formalities at the notary office with relevant materials to prove that the gift contract is legal and valid.

3. Housing evaluation. The donor and the recipient need to entrust a professional appraisal institution to appraise the value of the house and issue an appraisal report.

4. Pay taxes and fees. The donee and the donor pay the corresponding taxes and fees to the Housing Authority with the house ownership certificate, ID card and gift contract, and obtain the tax payment certificate.

5. Go through the formalities of property right transfer. After paying taxes and fees, the donator and the donee can go through the formalities of housing rights transfer, and then they can get a new real estate license.

6. deliver the house. The donator delivers the house to the donee, and the house donation formalities are completed at this time.

Can I give it to my children if the house loan is not paid off?

If the housing loan is not paid off, the owner of the house has not obtained full ownership of the house. However, you can give the house to others, but you can't register the transfer.

Article 38 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate stipulates that if applying for the registration of the right to use state-owned construction land and the transfer of house 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 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.

legal ground

Article 38 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate shall apply for the registration of the right to use state-owned construction land and the transfer of house ownership, and the following materials shall be submitted according to different circumstances: (1) the certificate of real estate ownership; (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 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.

Is there a loan to give away a house?

Legal analysis: 1, the house has a loan, as long as the property ownership can be given. However, because the mortgage loan has the repayment responsibility, it still needs to be handled accordingly. You can repay the loan first and then give it to the donor. If the donor is still responsible for repayment, then the donor must provide a new guarantee to the lender.

2. If the loan is not paid off, the consent of the lending bank must be obtained. If the responsibility for repaying the loan is transferred to the donee at the same time as the house is donated, it must be made clear to the donee. At the same time, we should also make it clear to the loan bank. Because banks agree to mortgage loans, they should not only consider the mortgaged property in their hands, but also consider the lender's repayment ability.

3. Therefore, if the bank knows that the donee's credit and repayment ability are good after investigation, it can make changes. If the bank does not agree with the recipient to repay the loan, the donor cannot transfer the responsibility (obligation) of repaying the loan to the recipient.

Provisions on housing donation

1. The donor must be the owner of the house property and have full capacity for civil conduct. 2. Donated houses must have legal ownership certificates and no property rights. 3. Both the donor and the recipient are voluntary, with a written donation agreement (contract) and notarized. 4. Donated houses must be registered and examined by the real estate management authority, and the property rights transfer formalities shall be handled. 5. The donee must pay taxes and fees in accordance with relevant regulations. 6. In a word, house donation shall not harm the public interest or the legitimate rights and interests of others.

Legal basis: Article 38 of People's Republic of China (PRC) Urban Real Estate Management Law The following real estates 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.

Can the house that is still repaying the bank loan be given away or transferred?

As long as there is a loan, the house cannot be given or transferred, and it must be paid off before it can be given or transferred.

Gift notarization can be done, but the transfer of real estate should be based on the completion of real estate transfer, and the transfer is not accepted by the housing authority of the loan real estate, so it cannot be transferred. Whether it is a sale transfer or a gift transfer, if the gift notarization is completed without the gift transfer, the gift is not completely completed.

According to Article 39 of the Property Law of People's Republic of China (PRC), the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.

Article 191 stipulates that during the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, he shall pay off the debt to the mortgagee in advance or deposit the proceeds from the transfer. 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.

During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debts and extinguishes the mortgage on his behalf.

Extended data:

The house that is still repaying the bank loan, because the bank mortgage loan, the bank is still the mortgagee, and the house is in a mortgaged state and cannot be disposed of (including buying, selling, giving, etc.). ) Without the consent of the bank. You must repay the bank loan first and then cancel the mortgage before you can go through the relevant formalities of giving away.

The transfer formalities of the gift of real estate shall be notarized in the notary office where the real estate is located, and the notarized kinship certificate, application for registration of real estate transfer, identity certificate and original property right certificate shall be submitted for the transfer formalities.

The certification materials submitted by overseas parties shall be certified by lawyers recognized by the Ministry of Justice or notarized by Chinese embassies (consulates) abroad. Go through the transfer formalities at the housing management department with notarial certificate, property right certificate and original ID cards of both parties.

In addition, according to Article 7 of the Detailed Rules for Notarization of Gifts issued by the Ministry of Justice, if the gift of real estate is notarized, it shall be registered with the relevant departments in time for ownership transfer, otherwise the gift will be invalid. The notary hereby reminds that the notarization of house gift must be handled in time after notarization, otherwise the gift will be invalid.