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Can a mortgage house be transferred?
How to transfer the mortgaged house?

The transfer method is as follows:

You can transfer the house to others by refinancing, or you can transfer the house to others by paying off the loan in advance. Due to the complicated mortgage transfer procedures, it is suggested that qualified owners choose to pay off the loan in advance and understand the mortgage procedures before trading and handling the transfer procedures.

Is there a loan to transfer the house?

1. Can the house be transferred by loan?

Commercial housing during the loan repayment period cannot be transferred, and now it can be mortgaged for sale.

Mortgage to mortgage refers to a borrower who has applied for a personal housing loan in a bank, asking the original lending bank to extend the loan period or sell or transfer the personal housing mortgaged to the bank to a third person, and applying for a personal housing loan to change the loan period, the borrower or the collateral.

Re-mortgage means that when the loan is not paid off, the purchaser can transfer or sell the property; People who buy real estate can apply for second-hand housing loans from banks.

If property buyers buy a cheap house because of their low income and insufficient repayment ability, they will resell the first suite to others and buy a house with better conditions after their income increases and their repayment ability improves.

Article 209 of the Civil Code of People's Republic of China (PRC)

Provisions on effective registration of real estate rights and exemption of ownership; The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Natural resources owned by the state according to law may not be registered.

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Second, can the property with outstanding loans be added?

I can't. Before the house loan is paid off, you can't add a name to the real estate license, thinking that the real estate license is still in a mortgage state, you must repay the loan in advance, and you can add a name to the real estate license by going through the decompression procedures in the bank.

Process of adding real estate license:

First of all, the original property owner and the new property owner signed the "House Property Rights Change Agreement";

Secondly, prepare the original title certificate, as well as the original and photocopy of the original and new property owner's ID card, household registration book and other related materials;

Finally, the original property owner and the new property owner go to the real estate transaction department to register the change of property rights.

The purchased house has not paid off the bank loan, which means that there is still a mortgage on the house at this time. And handling the house transfer means that the ownership of the house will be transferred. Because there is mortgage first, then there is transaction, according to the provisions of China's civil code, the consent of creditors, that is, banks, is often needed. From the practical point of view, most banks do not agree to do so.

Can the loan house be transferred?

Ownership can be transferred. As long as the lending bank agrees, customers can buy and sell. Personal housing mortgage loan refers to a loan in which the borrower who has applied for personal housing loan in the bank requests the original lending bank to extend the loan term or sell or transfer the personal housing mortgaged to the bank to a third person, and applies for personal housing loan to change the loan term, borrower or collateral.

Decision of the Ministry of Construction on Amending the Regulations on the Administration of Urban Real Estate Transfer Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

(a) the parties to the real estate transfer signed a written transfer contract;

(two) the parties to the real estate transfer shall, within 90 days after the signing of the real estate transfer contract, declare the transaction price to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents;

(three) the real estate management department to review the relevant documents provided, and make a written reply whether or not to accept within 7 days, 7 days without a written reply, as agreed to accept;

(four) the real estate management department to verify the declared transaction price, and according to the need to conduct on-the-spot investigation and evaluation of the transferred real estate;

(five) the parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the provisions;

(six) the real estate management department shall go through the formalities of housing ownership registration and issue the certificate of real estate ownership.

People's Republic of China (PRC) City Real Estate Management Law Article 60 The State practices a system of registration and certification of land use rights and house ownership.