Legal analysis: There are four ways to transfer the mortgaged property: first, the seller pays off the bank loan personally, cancels the mortgage, and then goes through the formalities of property right transfer. The two sides first reached an agreement on the change of property rights, and then notarized it at the notary office. After the seller pays off the bank loan, the buyer can take out the real estate license from the bank and cancel the mortgage registration procedures. The buyer and the seller are handling the registration of property right change and completing the transfer according to the notarization agreement. Method 2: The Buyer and the Seller negotiate and issue a written agreement on the change of house property rights to the bank. This method requires the consent of the bank. 1. If the bank can agree to the change of property rights and the borrower is changed from the seller to the buyer, the bank will issue a certificate and handle the change registration under the condition that the house has been mortgaged. At this time, the buyer and the seller can borrow the real estate license from the bank, and then bring the certificate issued by the bank, the real estate license, the ownership change agreement, the household registration book and the ID card and other materials related to the real estate transaction to the real estate management department where the house is located to register the property right change and successfully complete the property transfer. 2. If the bank does not agree to the change, the buyer and the seller need to transfer the ownership according to method 1. Redeem the building from the bank first, that is, pay off the money owed to the bank first If the owner is short of funds, you can ask the guarantee company to redeem the building for you and then transfer the ownership. Method 3: Redeem the building. The seller looks for a guarantee company to guarantee, then pays off the balance, takes out the real estate license, then goes through the transfer registration, and then the seller repays the guarantee company. Method 4: Chinese laws do not support signing agreements to transfer ownership. If buyers and sellers think this way is not good, they can find a reliable intermediary company to deal with it. Buyers and sellers need to pay a certain fee to let the intermediary advance the loan. The seller gets the real estate license, transfers the property to the other party's name, and the buyer mortgages the funds of the intermediary company.
Legal basis: Article 14 of the Provisional Regulations on the Registration of Real Estate applies for the registration of real estate for sale, mortgage, etc. , both parties should apply at the same time.
In any of the following circumstances, the parties may apply unilaterally:
(a) unregistered real estate for the first time to apply for registration;
(2) Inheriting or accepting bequests to acquire real estate rights;
(three) the establishment, alteration, transfer or elimination of real estate rights by effective legal documents or decisions of the people's government;
(four) the name, ownership or natural conditions of the obligee have changed, and the application for registration of change has been made;
(five) the loss of real estate or the right holder to give up real estate rights and apply for cancellation of registration;
(six) to apply for registration of correction or objection;
(seven) other circumstances stipulated by laws and administrative regulations that can be unilaterally applied by the parties.