If the mortgaged property cannot be transferred, it shall be paid off first.
Second, how can the ownership of mortgaged houses be transferred between father and son?
(China Merchants Bank) If you apply for a personal housing loan 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 go through 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?
Mortgaged houses can be transferred by paying the final payment or going through the re-mortgage procedures.
The parties concerned shall obtain the consent of the mortgagee, issue a loan repayment certificate or an application form for lending at the bank, go through decompression procedures at the mortgage registration department, and then go through the name change and transfer at the Housing Authority.
Four. Transfer the mortgaged house to 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 mortgage transfer method 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 by mortgage to pay off the real estate loan he wants to sell and promote the completion of the transaction. As far as I know, in this way, the seller pays off the loan first and then transfers the ownership with the buyer, so the buyer does not have to bear the risk of foreclosure. 2. The seller uses the bank loan to pay off the remaining 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 by mortgage to pay off the real estate loan he wants to sell and promote the completion of the transaction. As far as I know, in this way, the seller pays off the loan first and then transfers the ownership with the buyer, so 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 use the down payment of the buyer to pay off the remaining loan, 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 mortgaged property may damage the mortgage right, he may request the mortgagor to pay off the debt in advance or deposit the proceeds from the transfer 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? Some immediate family members do not charge for the transfer of real estate, while others do not. There are generally three common ways to transfer the ownership of immediate family members, namely, property inheritance, gift transfer and sale transfer. Property inheritance means that the heir can obtain property without paying the price of the house itself. In addition, according to the regulations, the heir obtains the decedent's house through inheritance, without paying deed tax, only paying notarization fee and production fee. The transfer of the gift needs to pay more than 3% deed tax, and both sides of the gift need to pay stamp duty of five ten thousandths respectively, which adds up to tax. When the house donation is used for re-transaction, various taxes and fees will still be charged again. The expenses required 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 passing the examination.