Off plan unlicensed mortgage Can you change your name or transfer 30

No. To change the name or add the name, you must first have the real estate certificate and the deed tax land certificate in hand.

1. The off-plan mortgage is not clearly stipulated in the "Guarantee Law" and the "Provisions on the Administration of Real Estate Mortgage", but in practice, the off-plan mortgage has become a new type of financing activity commonly used in the operation and development of real estate, 2. The subject matter of the off-plan mortgage is the off-plan house, and during the off-plan mortgage, the building does not actually exist, and the mortgagor cannot obtain the ownership of the pre-purchased building, and the repayment guarantee he provides to the creditor is to obtain the right to the building at a certain time in the future, that is, a right of expectation.

3. When this expectation is not realized, the property owner cannot be changed, that is to say, the off-plan mortgage loan cannot go through the transfer procedures before the real estate certificate is processed.

In the past, if it was a commercial house and the off-plan house was not delivered after the purchase, if you wanted to monopolize it, you could directly change the name, but at present, most of the houses in order to crack down on speculation, when you signed the purchase of the house, or the purchase contract clearly stated that it cannot be monopolized or renamed.

At present, Chengdu is basically like this, and there may be differences in other regions or developers.

Personal advice: find an agent or ask the sales lady, they will give you a detailed explanation of your situation.

1. For off-plan housing and unlicensed housing, if the record is made, the developer can cooperate and apply to the housing authority (there is a certain relationship) to apply for a name change; If there is no filing, it should be possible to change the name and transfer the ownership.

2. The mortgage house can be renamed and transferred after obtaining the consent letter issued by the bank.

No. You can't transfer the house without the property ownership certificate, and the mortgaged house can't be transferred, and you both occupy it all. Wait for the loan to be paid off, the mortgage will be released, and the property ownership certificate will be transferred again.

If you can't change your name or transfer your ownership, you can only do it after you have applied for a real estate certificate!

It is not possible to transfer the ownership, and it is possible to change the name! Go to the developer to cancel the contract, it is estimated that it will cost thousands, you ask to put it.

It is not possible to change the name of the family.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 406 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.

Measures for the Administration of Real Estate Mortgages of Urban Housing Bureaus

Article 35 When a mortgage contract is changed or the mortgage is closed and destroyed or terminated, the mortgage party shall, within 15 days from the date of modification or termination, go to the original registration authority to change or cancel the mortgage registration. If the land use right and the ownership of land buildings and other attachments are obtained due to the lawful disposal of the mortgaged real estate, the mortgage party shall, within 30 days from the date of the effective date of the disposition, apply to the local people's real estate management department at or above the county level for registration of the transfer of housing ownership, and apply for registration of the change of land use right to the people's land management department at the same level with the changed house ownership certificate.

The mortgage house cannot be transferred without a title deed. The real estate certificate is the proof of ownership of the property, and the house without the property ownership certificate has the obstacle of no property right certificate, and it is not possible to register and receive the ownership certificate and handle the transfer procedures of the house in accordance with the law.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions for closing the mu as provided for in Article 39 of this Law;

2) Judicial and administrative organs lawfully rulings or decides to seal up or otherwise restrict real estate rights;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: It is impossible to transfer ownership without a real estate certificate.

Legal basis: Article 6 of the Administrative Provisions on the Transfer of Urban Real Estate The following real estate shall not be transferred: (1) the land use right is obtained by way of transfer but does not meet the conditions specified in Article 10 of these Regulations; (2) Where judicial or administrative organs make rulings in accordance with law and decide to seal up or otherwise restrict real estate rights; 3) recovering the right to use land in accordance with law; 4) Co-ownership of real estate, without the written consent of the other co-owners; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws or administrative regulations prohibit transfer.

Article 7 The transfer of real estate shall be handled in accordance with the following procedures: (1) the parties to the transfer of real estate sign a written transfer contract; (2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; (C) the real estate management department to provide the relevant documents for review, and within 7 days to make a written reply on whether to accept the application, within 7 days without a written reply, deemed to agree to accept; (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed; (5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; (6) The real estate management department shall handle the registration procedures for the ownership of the house and issue the real estate ownership certificate. Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 38 Those who apply for registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:

1) Certificate of ownership of immovable property; (2) Contracts for sale, exchange, or gift; (3) Materials inherited or bequeathed; (4) Split or merger agreements; (5) Legal documents effective by the people's courts or arbitration commissions; (6) The approval documents of the people** or the competent departments with the right to approve; (7) Proof of payment of relevant taxes and fees; (8) Other necessary materials. If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

The mortgage house cannot be transferred without a real estate certificate. The real estate certificate is the proof that the owner of the house has all the right to answer the chain, and the house without the real estate certificate has the obstacle of no property right certificate, and it is not possible to register and receive the ownership certificate and go through the house transfer procedures according to the law.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

(2) Where judicial or administrative organs make rulings in accordance with law and decide to seal up or otherwise restrict real estate rights;

3) recovering the right to use land in accordance with law;

4) Jointly owned real estate without the written consent of the co-owners of other burials;

5) Disputed ownership;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

A mortgage house without a title deed cannot be transferred. The real estate certificate is the proof of ownership of the property, and the house without the real estate certificate has the obstacle of no property ownership certificate, and it is not possible to register and receive the ownership certificate and go through the house transfer procedures according to the law.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

(2) Where judicial or administrative organs make rulings in accordance with law and decide to seal up or otherwise restrict real estate rights;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.