Can the house be transferred in the mortgage, can the mortgaged house be transferred?

Can the mortgaged house be transferred?

The mortgaged house can be transferred, but the mortgagor and the new business must preside over the written agreement on the change of property rights of the house, and go to the bank to go through the transfer procedures together. After the bank agrees to the change of property rights, the borrower of the house will be changed from the original owner to the new owner, and the relevant certificates will be issued, and then the changes and reasons for the changes will be clearly indicated, and the real estate certificate can be lent to the bank for transfer.

If the house has been mortgaged, the transfer can be handled directly without the mortgage being released.

Buying a house is generally borrowed through the bank, and the bank will require the property mortgage procedures, that is, when we pay off the bank's money, the bank can release the mortgage for us, and at the same time, the property can also be listed for sale. And now there is a solution to this problem. The Civil Code of the People's Republic of China, which came into effect on January 1, 2020, has made comprehensive provisions on mortgages in real estate.

According to paragraph 1 of Article 406 of the Property Rights of the Civil Code, "the mortgagor may transfer the mortgaged property during the mortgage period, and if the parties agree otherwise, such agreement shall prevail." If the mortgaged property is transferred, the mortgage right shall not be affected.

Paragraph 2 of Article 406 of the Property Rights of the Civil Code stipulates: "If the mortgagor transfers the mortgaged property, it shall notify the mortgagee in a timely manner. ”

The meaning of these two regulations is that the house has been mortgaged, and the mortgagor, that is, the property owner, can still take the house. That is, the house with a mortgage can be sold, and the mortgage can follow the house, that is, it can be sold with a mortgage. The mortgage does not affect the transaction flow of the property, and the mortgagee's consent is not required to sell the house, but the property owner must notify the mortgagee when selling the house.

You can apply for transfer of ownership during the mortgage period. The owner shall submit the identity certificate of the mortgagee, the written document of the mortgagee's consent to the transfer of the mortgaged house, and the certificate of other rights.

The Measures for Housing Registration stipulate that:

Article 33.

To apply for registration of the transfer of ownership of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Article 34.

During the mortgage period, if the mortgagor transfers the ownership of the mortgaged house and applies for registration of the transfer of ownership of the house, in addition to providing the materials specified in Article 33 of these Measures, it shall also submit the mortgagee's identity certificate, the written document of the mortgagee's consent to the transfer of the mortgaged house, and the certificate of other rights.

1. Can the mortgaged house be transferred?

1. The mortgaged house can be transferred. The transfer of ownership of a mortgaged property is as follows:

1) The seller personally pays off the bank loan and cancels the mortgage, and then can go through the property rights transfer procedures;

2) The buyer and seller negotiate and issue a written agreement to the bank on the change of property rights;

3) The buyer and the seller need to pay a certain handling fee to let the intermediary advance the money to release the loan, the seller gets the real estate certificate, transfers the property to the other party's name, and the buyer then mortgages to repay the intermediary company's funds.

Legal basisArticle 406 of the Civil Code of the People's Republic of China.

During the mortgage period, the mortgagor can 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.

Article 407.

The mortgage may not be transferred separately from the claim or used as security for other claims. Where the creditor's right is assigned, the mortgage right securing the creditor's right shall be transferred together, except as otherwise provided by law or otherwise agreed by the parties.

2. What are the procedures for transferring the house?

1. The seller asks the buyer to conduct a property right investigation;

2. The buyer and the seller sign the purchase contract, and sign the house price, payment method, delivery time and deposit in detail;

3. The real estate management department verifies the declared transaction**, and surveys and evaluates as needed;

4. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

5. The real estate management department shall issue the transfer certificate and obtain the real estate ownership certificate in accordance with the provisions of the law.

Due to the continuous increase in housing prices, many people can only buy a house through a loan to reduce personal pressure, but the house will eventually be owned by the buyer after the transfer. So can the house in the mortgage be transferred, and what is the process of transferring the house in the mortgage, do you understand? Now let's take a look.

1. Can the house under mortgage be transferred?

The mortgage can be transferred, but only if the bank agrees and the property owner and the bank apply for the transfer together. If the bank does not agree with the lender to handle the transfer, the lender needs to repay the loan first, cancel the mortgage, and then go to the Fang Liangsui Management Bureau to go through the transfer procedures.

2. What is the process of transferring the house in the mortgage?

1. If the house under mortgage needs to be transferred, the mortgagor and the owner need to go to the bank for negotiation and issue an agreement on the change of property rights. After verification, the bank staff made a statement on whether to handle the transfer of the house. If the bank does not agree, the transfer will not be processed, which means that the transfer will be delayed.

2. If the bank agrees to the change of property rights, it will change the borrower from the seller to the buyer, and the bank will give the corresponding certificate, indicating the change of the property owner, the reason, and the explanation of agreeing to the change of registration. Then the buyer and seller can bring the relevant documents and materials to the housing authority to go through the relevant procedures for the change of property rights.

3. In case the bank does not agree to the change of property rights, then the buyer and seller are unable to go through the transfer procedures, they need to bring the property rights change agreement and go to the notary office for notarization, only after the buyer's loan is paid off, the real estate certificate is returned, and the mortgage registration procedures are lifted, and then go to the property rights registration procedures.

Regarding whether the house in the mortgage can be transferred, and what is the transfer process of the house in the mortgage, I will introduce it here, do you understand? Whether the house under mortgage needs to go through the transfer procedures depends on whether it can obtain the consent of the bank, otherwise it cannot be handled.