How do I add my name to a mortgage title deed? There are several scenarios

Can a mortgaged house be named on the title deed?

Xinwo.com: The house in the mortgage cannot be directly named, and the co-owners need to be added after the loan is settled, and the mortgage registration is released. The registration fee for adding co-owners between husband and wife is only 80 yuan, and related or non-related persons other than husband and wife can only add co-owners by buying and selling shares.

Specific process: 1. Apply to the bank for early repayment.

2. Handle early repayment, receive settlement certificates, other warrants and other materials.

3. Take the information issued by the bank, the real estate certificate and the ID card of the property owner to go through the procedures for unencumbering with the lending bank at the Housing Authority.

4. The current property owner and co-owner should bring their ID cards, household registration booklets, and marriage certificates to the Housing Authority to go through the procedures for changing the name or transferring the co-owners.

Legal analysis: Before the mortgage loan is paid off, the name cannot be added to the real estate certificate.

Legal basis: Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.

The scope of unified registration, registration bodies and registration methods shall be prescribed by administrative regulations.

Legal analysis: If you want to add a name to the mortgaged house, you must obtain the consent of the mortgagee. This is because such an act may increase the risk of creditors realizing their claims.

If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance.

Legal basis: Article 406 of the Civil Code of the People's Republic of China During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement.

If the mortgaged property is transferred, the mortgage right shall 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, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance.

The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.

Mortgage title deeds cannot be named. After taking out a loan to buy a house, if it is still in the period of repaying the mortgage, the name cannot be added to the real estate certificate. Because the name of the real estate certificate belongs to the registration of the change of ownership of the house, and the premise of the change registration is that the house cannot be in a state of restriction of rights, but the house purchased with a loan is in a state of mortgage, so there is naturally no way to add the name on the real estate certificate.

According to the relevant legal provisions, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

After buying a house in Shenzhen and applying for a mortgage loan, how to add the name of the mortgaged house? Can I close the mortgage of a house? Can a mortgage be transferred together?

What do I need to do? I've sorted it out and answered it for you. After buying a house in Shenzhen and applying for a mortgage loan,How do you add a name to a mortgaged house?

Can I close the mortgage of a house? Can a mortgage be transferred together? What do I need to do?

I've sorted it out and answered it for you.

Can the mortgaged house be transferred?

The mortgage can be transferred, but the premise is that the bank loan must be paid off before the transfer can be completed. The transfer needs to be withdrawn first, the mortgage money is repaid, and then the transfer is carried out, and even if it is a gift, you need to repay the mortgage in full.

The house must be transferred without legal disputes, without planning for demolition, and without mortgage, which means that the loan must be paid off before the transfer. If you can't repay the loan temporarily, you can apply to another bank for a remortgage in your own nameHow do you add a name to a mortgaged house? After the mortgage certificate is released, go to the transfer of ownership.

However, due to the troublesome procedures for refinancing, most banks have stopped this business. The bank gives two suggestions, one is to transfer the ownership through the normal transaction process, re-pay the deed tax, and assess the guarantee fee; The second is to go to the notary office to handle the notarization of the property, and continue to use the bank card of the previous head of the household to pay the loan. Generally, the second way has more residents.

Prepayment procedure

How do you add a name to a mortgaged house? You can apply for early repayment first, ** mortgage, and then go through the relevant procedures, if you are unable to repay the loan, you can pay off the loan with the buyer's down payment, or find a guarantee company.

The procedure is as follows: first make an appointment with the bank for the repayment time - the bank repayment ends - get the house book - go to the local housing management to stamp the mortgage release seal.

Closing costs

Gifts between immediate family members do not need to pay 20 tax when they are sold in the future, and personal income tax is 1.

If your house is less than 5 years after the purchase, there will be business tax and 1 personal income tax, so it is more appropriate to handle the gift.

If the house is more than 5 years old, it is very cost-effective to handle the transfer directly. Gifts between immediate family members do not need to pay 20 tax when they are sold in the future, and personal income tax is 1.

Therefore, the premise of the transfer of the mortgaged house in Shenzhen is to pay off the house payment, cancel the mortgage, whether it is in the form of the buyer's down payment or the guarantee company, obtain the house capital, and go to the housing authority to stamp the mortgage seal after the transfer can be handled, and the mortgage of the house should consider the number of years and save costs.

1. Pay a transaction fee of 3 yuan per square meter; It is close to the 3 square kilometers business center comprehensive service area and the Beihu Ecological Wetland Park, with a good ecological environment, and the area is currently under development and has great potential for future development. We all want to live and work in peace, and if we want to realize this good wish, we must have a house. Then the question of the title deed will be in front of us.

In life, we often encounter this problem of "adding other names to the real estate certificate", so how to handle it? If you have obtained the title deed, you need to add your name, which is legally speaking, "adding the co-owner of the house". To add "co-ownership of the house", the current law provides for three ways:

Donation of real estate rights, purchase and sale of houses, and registration of property dissolution. We usually involve a kind of common concern, and at the same time, we are also very concerned, the general situation is that parents should add the name of their child to the real estate certificate, or add the name of the other party between husband and wife. How do you add your name to the title deed of the mortgaged house?

Do you dare not know that it is so important?

1. The real estate certificate for buying the house in full plus the names of the wife, children and parents.

1. Prepare three certificates (marriage certificate, ID card, real estate certificate) and their copies;

2. Handle it at the housing transaction center, and the window staff will review the submitted materials;

3. It takes 110 yuan to add the name on the real estate certificate: 80 yuan handling fee, 25 yuan registration fee, and 5 yuan sticker cost.

2. Add your name to the real estate certificate of buying a house with a mortgage.

1. You need to go to the bank to change the mortgage procedures first;

2. The required expenses: In addition to the 110 yuan handling fee mentioned above, if the loan is a provident fund, an additional 100 yuan is required, and if it is a portfolio loan (provident fund loan commercial loan), a fee of 200 yuan is required;

3. The other steps are the same as the previous process without loan cracking.

3. The real estate certificate and name of the two parties who are not directly related by blood will be very complicated for such a situation, because it will be regarded as a house sale, and the following fees need to be paid:

1. Pay a transaction fee of 3 yuan per square meter;

2. If the purchase is less than 5 years old, the business tax of 5 6 plus 1 personal income tax (the time period is from the date of issuance of the property certificate to the date of the transaction), and it is not required for 5 years;

3. Stamp duty of 5/10,000 of the total house price;

4. This contract, about 5 yuan per book (different trading centers in various places);

5. The man transfers 50, and all taxes are calculated according to the market, if the tax value of the house is 1 million, it is 500,000;

6. If there are several people on the property certificate who transfer, the rights and interests of the property certificate shall be divided equally. It is still complicated to add a name to the real estate certificate, so when you buy a house, you should try to consider who should write the name on the real estate certificate, and add the desired name from the time you sign the purchase contract.

1. The process of buying a house in full and adding the names of his wife, children, and parents to the real estate certificate of the whole house:

1. Prepare three certificates (marriage certificate, ID card, real estate certificate) and their copies;

2. Handle it at the housing transaction center, and the window staff will review the submitted materials;

3. It takes 110 yuan to add the name to the real estate certificate: 80 yuan for the handling fee, 25 yuan for the registration fee, and 5 yuan for the sticker.

Second, the mortgage purchase certificate and name process:

1. You need to go to the bank to change the mortgage procedures first;

2. The required expenses: In addition to the 110 yuan handling fee mentioned above, if the loan is a provident fund, an additional 100 yuan is required, and if it is a portfolio loan (provident fund loan commercial loan), a fee of 200 yuan is required;

3. The other steps are the same as the previous process without a loan.

Civil Code of the People's Republic of China

Article 214:Where the creation, alteration, transfer, or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded and hidden in the immovable property register.

Article 216 The immovable property register is the basis for the ownership and content of real rights.

The immovable property register is managed by the registration authority.

Urban Real Estate Management Act

Article 63: Where the people of provinces, autonomous regions, or municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by a single department, they may make and issue a unified certificate of real estate rights, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.