Legal analysis: After obtaining the consent of the mortgagee and paying off all the bank loans, the transfer of mortgaged real estate needs to go through the mortgage registration cancellation at the housing management trading center with the original title certificate and the original certificate of other rights, and then go through the transfer registration at the real estate trading center after the cancellation.

The transfer process of the loan house is as follows:

1. The seller can go through the formalities of property right transfer after paying off the bank loan and canceling the mortgage. The two sides first reached an agreement on the change of property rights, and then notarized it at the notary office. After the seller pays off the bank loan, the buyer can take out the real estate license from the bank and cancel the mortgage registration procedures. The buyer and the seller are handling the registration of property right change and completing the transfer according to the notarization agreement.

2. The buyer and the seller negotiate and issue a written agreement on the change of house property rights to the bank. This method requires the consent of the bank.

3. If the bank can agree to the change of property rights and the borrower is changed from the seller to the buyer, the bank will issue a certificate and handle the change registration under the condition that the house has been mortgaged.

4. If the bank does not agree to the change, the buyer and the seller need to transfer the ownership according to method 1. Redeem the building from the bank first, that is, pay off the money owed to the bank first If the owner is short of funds, you can ask the guarantee company to redeem the building for you and then transfer the ownership.

5. Redeem the building. The seller looks for a guarantee company to guarantee, then pays off the balance, takes out the real estate license, then goes through the transfer registration, and then the seller repays the guarantee company.

6. The laws of China do not support the signing of an agreement to transfer ownership. If buyers and sellers think this way is not good, they can find a reliable intermediary company to deal with it. Buyers and sellers need to pay a certain fee to let the intermediary advance the loan. The seller gets the real estate license, transfers the property to the other party's name, and the buyer mortgages the funds of the intermediary company.

Legal basis: Measures for the Administration of Urban Real Estate Mortgage

Article 35 If the mortgage contract is changed or the mortgage relationship is terminated, the parties to the mortgage shall go to the original registration authority to change or cancel the mortgage registration within 05 days from the date of change or termination. If the mortgaged real estate is punished according to law and the land use right and the ownership of buildings and other attachments on the ground are obtained, the mortgagor shall, within 30 days from the effective date of the punishment, apply to the real estate management department of the local people's government at or above the county level for the registration of the transfer of house ownership, and apply to the land management department of the people's government at the same level for the registration of the change of land use right by virtue of the changed house ownership certificate.

General principles of loans

Article 53 The lender shall require the borrower who transfers the property right with compensation or applies for dissolution to pay off the loan debt before the property right transfer or dissolution.

Measures for housing registration

Thirty-second in any of the following circumstances, the parties shall apply after the relevant legal documents come into effect or the facts occur.

Registration of house ownership transfer:

(1) buying and selling;

(2) Interchange;

(3) gift;

(4) Inheritance and bequest;

(five) the division and merger of houses, resulting in the transfer of ownership; (six) to invest in housing;

(seven) the division or merger of legal persons or other organizations, resulting in the transfer of housing ownership.

Moved;

(ten) other circumstances stipulated by laws and regulations.

How to apply for a mortgage loan when buying a second-hand house?

The specific transfer procedures for buying and selling second-hand houses and handling mortgage loans are as follows: 1. Submit the materials and apply on 1 day, and the buyer and the seller bring all relevant materials to the bank. Receive and fill in the application form of personal loan for second-hand housing, and submit all materials to the staff for review after filling in. The staff will make a preliminary evaluation of the materials and give an approximate loan amount and years. Finally, the three parties agreed on the time, and the bank contacted the designated real estate appraisal agency for house inspection and evaluation. 2. Day 2-7 Evaluation According to the agreed time, the real estate appraisal agency will go to the housing management office for evaluation. Upon completion, the appraisal agency will issue an appraisal report to the bank. The time-consuming of this stage will depend on the agreed situation, and it can generally be completed within 3-5 working days. Require the counterparty to pay the 500 yuan assessment fee. 3.8-10, the bank approved the qualification of the loan applicant. After meeting the requirements, the bank will approve the loan amount and term according to the housing appraisal price and the qualification of the comprehensive lender. The approval process usually takes about 5 working days, but the Zhongguancun Sub-branch of Minsheng Bank and the loan approval department work in the same office building, so the approval speed is fast, and the approval time for each business can be completed in 1-2 days. 4. Pay the down payment on11-33. After the transfer is passed, the buyer will pay the down payment to the seller. Then the buyers and sellers and bank staff go to the real estate exchange to handle the transfer of housing property rights with the down payment certificate, mortgage application review commitment letter issued by the bank and other materials. It can be completed on the day of transfer, and the buyer can get the real estate license after waiting for about 20 working days. 5. Complete mortgage registration and insurance procedures from 34th to 35th. After the bank loan buyer gets the real estate license, he completes the mortgage registration and insurance, and the insurance premium is about 2000 yuan. Then, after the loan is issued, the bank deposits the house payment into the seller's account, and the buyer starts to repay the current period on schedule according to the contract.

What is the process of second-hand housing mortgage loan?

No matter whether you choose a new house or a second-hand house, if you have a mortgage loan, you can only follow the process. Then relatively speaking, it will be more troublesome to apply for second-hand housing mortgage loans. First, we must go to the Housing Authority to find out the ownership of the house and whether there is a loan. The following small series will introduce you to the second-hand housing mortgage loan process.

1. Submission of materials, application: Before going to the bank, buyers and sellers should bring some relevant materials. And fill in the information is the second-hand housing personal loan application form, and then hand over the materials to the staff for review. At this time, the staff will make a preliminary evaluation of the materials submitted by you, and will give an approximate loan amount and term. Then the three parties agreed on the time, and the bank contacted the designated real estate appraisal agency to inspect the house and make an evaluation.

2. Evaluation: According to the agreed time, the evaluation agency will come to your home for evaluation. Upon completion, the appraisal agency will submit an appraisal report to the bank. How long it will take depends on the actual situation. Generally speaking, it can be completed in 3 to 5 working days, and traders have to pay an evaluation fee.

3. Bank approval: Banks also need to examine the qualifications of loan applicants. After meeting the requirements, the bank will also examine and approve the loan amount and term according to the appraised price of the house and the qualification of the lender. Generally speaking, the approval process takes about 5 working days.

4. Pay the down payment and handle the transfer: after the approval, the buyer pays the down payment of the house, and then the buyer and the seller and the bank staff go to the real estate exchange to handle the transfer of the house property right with the down payment certificate and the mortgage application issued by the bank. It can be completed on the day of transfer, and the buyer can get the real estate license after waiting for 20 working days.

5. The buyer goes through the mortgage registration and insurance procedures, and the bank lends money: after receiving the real estate license, the mortgage registration and insurance can be started at this time. Then, the loan can be issued, and the bank will deposit the house payment into the seller's account at this time, and the buyer will start the current repayment according to the contract.

Summary: There are so many mortgage loan procedures for second-hand houses. Just follow the above procedures, and pay special attention to some details when buying one step.

Here's how to apply for mortgage lending.