Mortgage refers to the legal act that the debtor or the third party takes certain property as the guarantee for paying off debts to creditors. Mortgage-supported houses refer to houses that are mortgaged to others and registered as mortgages in order to obtain funds. Whether a house that has obtained a real estate license and has been mortgaged by a loan can be transferred should be treated differently according to different situations. Those who meet certain conditions can go through the transfer procedures such as buying, selling, inheriting and changing registration. The following example illustrates:

1. If the house is mortgaged, it needs the bank's approval, and the buyer, the seller and the mortgagee (bank or financial institution) * * * apply for transfer. You can also go through the transfer formalities after paying off the mortgage with the consent of the bank.

2. The house during the mortgage period belongs to the * * * property acquired by the husband and wife after marriage, and the husband and wife and the mortgagee (bank or financial institution) apply for * * * with the consent of the bank. During the mortgage period, the house belongs to the property acquired by the husband and wife after marriage. If it is to be renamed after divorce (divorce analysis), it needs the consent of the bank, and the original husband and wife and the mortgagee (bank or financial institution) jointly apply.

2. What are the procedures for the transfer of mortgaged property?

1. Generally speaking, the transfer process of mortgaged real estate includes verification, house inspection, appraisal, signing agreement, notarization, mortgage registration, loan issuance, debt service and cancellation of registration. When pawning a house, the information of the pawned house needs to be checked and kept by the pawnshop. After the pawnshop looks at the house, the two parties determine the price, sign the mortgage loan and mortgage contract, notarize, go through the mortgage registration formalities and obtain other warrants, and then the mortgage loan can be issued.

If all the above goes well, the formalities can be completed in a few working days, which is very fast and convenient. When the pawn loan expires, the pawnshop should go through the formalities of renewing or repaying the loan in time to avoid unnecessary losses; After the pawnshop returns the loan, it should ask the pawnshop to cancel the mortgage registration in time, retrieve the property information and safeguard its own rights and interests.

3. Relevant materials required for the transfer of mortgaged real estate include ID cards of both parties, household registration books of obligee and spouse, marriage certificate of obligee, income certificate, birth certificate of minor children, original bank loan contract and later bank statement. In order to improve the loan pass rate, please try to provide other family property certificates and ensure the authenticity of the information.

3. What does it cost to transfer the divorced property?

Husband and wife divorce real estate transfer only charge the handling fee of change registration, and there is no additional charge. For the change of property rights between husband and wife due to divorce, which belongs to real estate rights, according to the provisions of relevant laws and regulations, divorce analysis is exempt from transaction taxes and fees. The procedures for the transfer of divorce property rights are as follows:

1. Go to the notary office for property analysis and notarization (the cost is about 500-800 yuan) (note: if there is a divorce judgment, this step can be omitted, that is, notarization is not needed);

2. Go to the trading center to transfer paintings (usually on the same day);

3. Apply for deed tax relief at the Housing Authority (about 10 working days);

4. Go through the registration formalities of production analysis (about 7 working days) and pay the registration fee of 50 yuan;

5. Obtaining evidence (paying stamp duty on 5 yuan license)

The above is the legal knowledge about how to transfer a house with a mortgage after divorce. A divorced house cannot be transferred if it is mortgaged. Couples who want to transfer ownership after divorce must first go through the formalities of property analysis, and then choose to pay off the loan or refinance the mortgage to transfer ownership.