If the mortgaged property cannot be transferred, it shall be paid off first.
Second, how to transfer ownership between the father and son of the mortgaged house
(China Merchants Bank) When handling personal housing loans in our bank, you can contact the loan handling bank or the local post-loan service center for consultation and confirmation if you need to handle the formalities related to the real estate license or change the property right during the period, due to the different regulations of each city.
Third, how to transfer the mortgaged house to the family?
The mortgaged house can be transferred after the final payment is paid or the re-mortgage formalities are handled.
The parties concerned shall, with the consent of the mortgagee, issue a loan repayment certificate or an application form for refinancing at the bank, go through decompression procedures at the mortgage registration department, and then go through the formalities of renaming and transfer at the Housing Authority.
4. The mortgage is transferred to the immediate family members.
1. How to transfer the mortgaged house to immediate family members can be directly transferred to relatives by buying and selling. The procedure is as follows: 1. Our simple and direct way to transfer the mortgage is that the seller can use the bank loan to pay the remaining loan. But the premise is that the seller has collateral (such as other real estate) recognized by the bank. In this way, the seller can borrow a certain amount from the bank to pay off the real estate loan he wants to sell and promote the completion of the transaction. As far as I know, this way is that the seller pays off the loan first, and then transfers the ownership with the buyer, and the buyer does not have to bear the risk of foreclosure. 2. The seller pays off the remaining loan with the bank loan. If the buyer is unwilling to buy the outstanding loan, the seller can use the bank loan to pay off the remaining loan. But the premise is that the seller has collateral (such as other real estate) recognized by the bank. In this way, the seller can borrow a certain amount from the bank to pay off the real estate loan he wants to sell and promote the completion of the transaction. As far as I know, this way is that the seller pays off the loan first, and then transfers the ownership with the buyer, and the buyer does not have to bear the risk of foreclosure.
3. Paying off the remaining loan with the buyer's down payment is actually the mode applied in the current second-hand housing transaction. This method is suitable for the case that the original owner's loan amount is low or the remaining loan amount is small after a large amount of repayment. Usually, the buyer will recognize the down payment of 30% to 40% of the total turnover of the property, and the seller can pay off the remaining loan with the down payment of the buyer, and then cancel the mortgage registration of the property and make the next transaction. Article 406 During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor. Second, the immediate family property transfer fee? There are some charges for the transfer of immediate family property, and some do not. There are generally three common ways for immediate family members to transfer ownership, namely, property inheritance, gift transfer and sale transfer. Property inheritance means that the heir can get the property without paying the price of the house itself. In addition, according to the regulations, the successor obtains the decedent's house by inheritance, without paying deed tax, only paying notarization fee and production fee. The transfer of the gift needs to pay 3% more deed tax, and the gift parties need to pay 5/10000 stamp duty respectively, which adds up to tax. If the house is donated and then traded, various taxes and fees will still be collected. The expenses for sale and transfer are mainly business tax, individual tax and deed tax. I arranged the above. We can learn that if the property is transferred between relatives, it can be directly transferred to relatives by buying and selling. When going through the transfer formalities, you need to submit relevant certificates and materials, and you can go through the formalities after review.