What happens if the borrower transfers the house to his son?

If he borrowed money and then transferred the house to his son, you can sue him in court to enforce it.

If the parents borrow money and transfer the property to the child's name, the creditor can exercise the right of revocation and need to file a lawsuit with the people's court. 2. Article 538 of the Civil Code [Exercise of the Creditor's Right of Revocation in the Case of Gratuitous Disposition] If the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of the creditor's rights, transferring the property without compensation, etc., or maliciously extends the performance period of the due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts. Article 539:[Exercise of the Creditor's Right of Avoidance in Unreasonable Transactions] If the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.

If the Lai Lai divorced inexplicably when he was in debt, and left the house for obviously unreasonable reasons, and the Lai Lai's spouse knew about the situation. At this time, it can be inferred that the spouse has bad faith and has harmed the rights and interests of the creditor, and the creditor can exercise the right of revocation to revoke the divorce agreement between the spouse and the spouse. In this way, the old man's strategy of fake divorce will not succeed.

The borrower transferred the house to his son, what should he do? You can borrow money again, if the house has not been over before, you can file a lawsuit, and then you have to return the money to the house, and take the IOU to the court to sue, just think that when you borrow money, the house has not come to see, and it will be repaid after the end.

If the borrower transfers the house to his son. This can only go to the court to sue the other party and make the other party pay back. This behavior of the other party is obviously a transfer of its own assets. So if he doesn't pay back, go to court to sue.

What happens if the borrower transfers the house to his son? This is a deliberate transfer of property, which can be intervened through the legal department.

Legal Analysis: Closing the loan can only be done after the loan is paid off. According to the existing policy, if the house still has a loan that has not been paid off, the loan must be paid off, and the mortgage can be cancelled before the transfer can be made. After the loan has been repaid, the parents can transfer the property to their children in the form of a sale or gift.

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

Article 210 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 laws and administrative regulations.

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

Legal Analysis: Yes, it can be transferred as a gift or sale, and it is subject to tax.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time (2) the immovable property rights are acquired by inheritance or bequest (3) the legal documents effective by the people's courts and arbitration commissions or the effective decisions of the people are established, altered, transferred, or extinguished (4) the name or title of the right holder or the natural conditions are changed, and the application for modification of registration is applied for, (5) the immovable property is lost or the right holder renounces the rights of the immovable property, and the application for cancellation of registration is made (6) the application for correction of registration or objection registration is made (7) the law, Other circumstances where administrative regulations provide that a unilateral application may be made by a party.

The house can not be transferred unless the loan is paid off in advance and the real estate certificate is released, which will involve a concept of property separation, which means that the property rights become clear. Whether it is to increase the property owner or eliminate the property owner, it is necessary to dissolve the property. In the case of a loan, the house is essentially a hidden property that you and the bank share.

It is certainly not possible to add or subtract property owners arbitrarily without going through the bank. You can find someone to borrow money, repay the loan, and then re-lend it after completing the property separation, and just repay the borrowed money with the loaned money. It's best if you can borrow it in your own circle.

If that doesn't work, find a special agency to help.

If the father is a gift of real estate, but has an obligation to support the donor and does not fulfill it, it can be revoked within one year, that is, it can be returned.

Article 192 of the Contract Law of the People's Republic of China If the donee has any of the following circumstances, the donor may revoke the gift:

1) Seriously infringing upon the donor or the donor's close relatives;

2) Failure to perform the obligation to support the donor;

3) Failure to perform the obligations agreed upon in the gift contract.

The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation.

According to Article 17 of the Property Law of the People's Republic of China, the certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Article 20 Where a party signs an agreement on the sale and purchase of a house or other immovable property right, in order to ensure the realization of the real right in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's rights are extinguished or the application for registration is not made within three months from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

There are three ways to transfer real estate to children: The first is to transfer the property by way of transfer, that is, to handle the transfer in accordance with the transaction procedures by buying or selling. The second is to handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer.

The third way is to handle the transfer of the stove in the way of step-shirt, but this situation needs to occur in the case of the death of one of the parents, which is not very common.

You have to ask the debtor to provide evidence that she mortgaged the house to her brother before to see if it is an act of maliciously deceiving you after the fact. Even if it is true, his mortgage and your mortgage can be exercised at the same time, depending on whether the other person's mortgage is registered. The effect of registration is greater than that of non-registration.

If there is no registration, the mortgagee's claim shall be repaid in proportion to the creditor's rights. It should also be noted that the mortgagee should exercise the mortgage right within the limitation period of the main claim; and where it is not exercised, the people's courts will not protect it. The statute of limitations period for a principal debt is two years from the date of the end of the repayment period (or the expiration of the grace date).

Summary. 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.

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After borrowing, there are two ways to transfer the mortgage house to others, one is to repay the loan before the year, and after canceling the mortgage registration of the house, you can go through the transfer registration. The other is to negotiate with the bank to go through the mortgage transfer procedures, transfer the mortgage loan to the other party's name, transfer the house to the other party, and repay the remaining loan.

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 mortgaged 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 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 creditor's right shall be owned by the mortgagor, and the debtor shall pay off the shortfall.