People’s legal awareness has increased, but many people do not fully understand the specific issues of property inheritance. If it is a mortgaged house, inheritance will be even more troublesome. Can the mortgaged property be inherited? How to inherit a mortgaged property?
Can a mortgaged property be inherited?
1. If the mortgage lender dies during the loan repayment period, his heirs can change the borrower. It is necessary to prepare a notarization of inheritance rights first. All of your father's heirs - parents, spouse, children - go to the notary office to have the inheritance notarized. Whether they will be inherited by a certain person or jointly inherited, please consult the notary office for details.
2. If it is a one-time payment, just pay off the money with a notarized certificate and go through the bank repayment procedures. If you continue to take out a loan without applying for a real estate certificate, you need to provide new loan procedures and follow the bank's requirements; if you obtain a real estate certificate and have mortgaged, continue to repay the money. After paying off the loan, cancel the mortgage and transfer the property with a notarized certificate.
How to inherit mortgage property?
1. House appraisal: First, the market value of the house must be evaluated through an appraisal company. The appraisal company will conduct professional price analysis and property price evaluation based on important factors such as the road section, orientation, floor level, and age of the building, and determine an accurate market value of the property.
2. Notarization of inheritance: The applicant should go to the notary office where the house is located to apply for notarization of inheritance and receive the notarization of inheritance. When applying for notarization, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if there is a will) made by the original owner of the house must also be submitted. The original will should also be submitted. If some legal heirs voluntarily give up their inheritance rights, they must provide proof of their commitment to give up their property.
3. House surveying and mapping: Applicants must go to the real estate surveying and mapping department to apply for house area surveying and mapping or transfer procedures, and receive surveying and mapping results or attachment registration: Applicants hold real estate rights certificates, inheritance notary certificates, house surveying and mapping, etc. Proof goes to the real estate transaction center to apply for inheritance registration procedures. After filling out the "Real Estate Property Rights Registration Application Form" and submitting the above information, the case handler will accept the case and issue a receipt. After all the information has been reviewed, a property certificate of the changed owner will be issued.
The above is an introduction to whether the mortgaged property can be inherited and how to inherit the mortgaged property. Real estate inheritance requires a notarized inheritance certificate. If the house with a loan requires repayment of a bank loan, the mortgage registration must be cancelled. After all these procedures are completed, you can proceed to change the real estate certificate.
(The above answers were published on 2017-01-06, please refer to the actual relevant current home purchase policies)
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