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Anonymous users2024-02-15Can I transfer the title after the mortgage of the real estate certificate?
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Anonymous users2024-02-141. During the mortgage period, if the house is sold and transferred (transfer registration), the consent of the bank is required, and the buyer and seller and the mortgagee (bank or financial institution) jointly apply for the transfer of ownership. It is also possible to obtain the consent of the bank to repay the money first and release the mortgage before going through the transfer procedures. 2. The house during the mortgage period is the joint property acquired by the husband and wife after marriage, and if the application for joint ownership is made, the husband and wife and the mortgagee (bank or financial institution) shall jointly apply for the application with the consent of the bank.
The house during the mortgage period is a joint property acquired by the husband and wife after marriage, and if the owner wants to change the name (divorce and property separation) after the divorce, it is also necessary to obtain the consent of the bank, and the original husband and wife and the mortgagee (bank or financial institution) jointly apply.
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Anonymous users2024-02-13Legal analysis: After the mortgage of the real estate certificate, the consent of the mortgagee is required before the transfer procedures can be handled. During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, it shall 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. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except for the transferee to pay off the debts on behalf of the mortgagee and extinguish the mortgage.
Legal basis: Article 406 of the Civil Code of the People's Republic of China stipulates that during the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, the proceeds of the transfer shall be paid off or deposited with 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 insufficient part shall be paid off by the debtor. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, unless the transferee pays off the debts on behalf of the mortgagee and extinguishes the mortgage right.
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Anonymous users2024-02-12After paying off all the bank loans, you need to go to the housing management transaction center to handle the cancellation of mortgage registration with your ID card, property right certificate, other warrants, and proof that the bank has paid off the loan, and the transfer registration will be carried out after cancellation.
[Legal basis].Article 35 of the Measures for the Administration of Urban Real Estate Mortgages.
In the event of a change in the mortgage contract or termination of the mortgage relationship, the parties to the mortgage 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 buildings and other attachments are obtained due to the disposal of mortgaged real estate in accordance with the law, 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 to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate.
Article 53 of the General Principles of Loans.
The lender shall require the borrower to repay the loan debts before the transfer or dissolution of the property rights for compensation.
A mortgage on a private person does not necessarily mean that the title deed is invalid. The title deed can be mortgaged to a private person and is legal. According to the provisions of Article 395, Paragraph 1 of the Civil Code, which came into effect in 2021, the following properties that the debtor or a third party has the right to dispose of may be mortgaged: >>>More
The property can be transferred, and the property is transferred. >>>More
Title Deed. The transfer of ownership must be handled at the real estate registration center where the house is located, and the agreement or contract signed by both parties is required, and both parties or the client are present.
The mortgage of the real estate certificate is to ensure the security of the bank loan, so there is no way for the unilateral party to get back the real estate certificate when the relevant loan transaction is not repaid.
First of all, we need to analyze this loan relationship from the legal level. >>>More