Legal analysis: Giving up property rights has nothing to do with whether the mortgage has been paid off. Giving up the property rights of a house requires notarization, and you can also entrust a lawyer to be a witness.
Legal basis: "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"
Article 1 Private lending as mentioned in these regulations refers to natural persons, legal persons and unincorporated organizations The act of financial intermediation between. This provision does not apply to disputes arising from the granting of loans and other related financial services to financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business.
Article 2 When a lender files a private loan lawsuit with the People's Court, it shall provide IOUs, receipts, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of the legal relationship between the loan and the loan. If the creditor's rights certificates such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights certificates files a private loan lawsuit, the People's Court shall accept it. The defendant raised a fact-based defense against the plaintiff's creditor qualifications. After review, the People's Court held that the plaintiff did not have creditor qualifications and ruled to dismiss the lawsuit.
Article 24 If the lender and the borrower have not agreed on interest, and the lender claims to pay interest, the people's court will not support it. If the interest agreement on a loan between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, if the loan interest agreement between the borrower and the borrower is unclear and the lender claims interest, the people's court shall determine the interest rate based on the content of the private loan contract and the local or parties' transaction methods, transaction habits, market quotation interest rates and other factors. Interest.
Article 25 If the lender requests the borrower to pay interest according to the interest rate stipulated in the contract, the people's court shall support it, but if the interest rate agreed by both parties exceeds four times the one-year loan market quotation rate when the contract is established, except. The "one-year loan market quoted interest rate" referred to in the preceding paragraph refers to the one-year loan market quoted interest rate published monthly by the National Interbank Funding Center authorized by the People's Bank of China since August 20, 2019.