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 there is no property right dispute. 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.