Housing donation mortgage is still borne by the purchaser. Giving away a property requires paying off the loan. Real estate can be donated, but the transfer formalities can only be handled with the consent of the bank. If the housing loan is not paid off, it will not affect the signing of the housing gift contract by both parties. However, before the loan is paid off, the housing registration cannot be handled, and the housing loan is still borne by the buyers.

However, if there is a bank mortgage loan, the bank is still the mortgagee, and the house is in a mortgaged state and cannot be disposed of (including buying, selling, giving, etc.). ) Without the consent of the bank. You must return the bank loan first, and then you can go through the relevant formalities of giving away the mortgage.

Therefore, according to the relevant national laws and regulations, the house cannot be transferred during the mortgage period; Only after the mortgage is released can the relevant house be transferred.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 2 15

A contract concluded between the parties on the establishment, alteration, transfer and elimination of the real right of immovable property shall come into effect upon the establishment of the contract, unless otherwise provided by law or agreed by the parties; Failure to register the real right shall not affect the validity of the contract.

Article 657

A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.

Article 659

If the donated property needs to go through registration or other formalities according to law, it shall go through the relevant formalities.

"People's Republic of China (PRC) City Real Estate Management Law"

Article 38

The following real estate shall not be transferred:

(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 38 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.