Now in this society, it's still a lot of loans to buy houses. But it's also common for people to change on the way. When they are in the Jianghu, they can't help themselves. When we want to sell our mortgage house again, we may have some doubts about the transfer of the house. Is there any loan for the house to be transferred? How to transfer the house loan? Come and have a look.
Does the house have a loan to transfer?
It is possible to transfer the ownership of a house with a loan, but the secondary transaction has the following provisions:
1. The second transaction of the house is to change the relationship between the contract signed at the time of purchase and the property right certificate of the house and the mortgage contract of the bank. In fact, the whole process is not so easy. First of all, the person who buys the house and the real estate developer should sign the contract of purchase; the bank signs the contract of mortgage of the loan house and carries out the mortgage registration of the loan house record.
2. If the house is bought and sold before the loan is paid off, the name change of the above five texts is involved.
First of all, according to the real estate law, the purchase contract cannot be changed. Second, from the perspective of the bank, if the loan is based on the purchased real estate as the mortgage.
3、 As for the change of mortgage registration, other warrants or mortgage certificates and property rights certificates in the ownership office, there is no policy basis at present.
As far as the current situation is concerned, if you want to sell the loan paying house, you have to find a way to pay off the remaining loan first, cancel the mortgage registration of the loan, and end the procedures of purchasing the house, so as to carry out the second transaction. There is no other way.
How to transfer the house loan?
There are four ways to transfer the mortgaged real estate
Method 1: the Seller shall pay off the loan of the bank, cancel the mortgage, and then handle the ownership transfer formalities. Both parties reach an agreement on the change of property right first, and then notarize it in the notary office. After the seller pays off the bank loan, the buyer can take out the real estate certificate from the bank and cancel the mortgage registration procedure. The buyer and the Seller shall register the change of property rights according to the notarization agreement and complete the transfer.
Method 2: the buyer and the seller negotiate and issue a written agreement on the change of house property rights to the bank. This approach requires the consent of the bank.
1. If the bank can agree to the change of property right, the borrower will change from the seller to the buyer, and the bank will issue a certificate to register the change when the house has been mortgaged. At this time, the buyer and the seller can borrow the real estate card from the bank, and then take the certificate issued by the bank, real estate card, ownership change agreement, account book, ID card and other relevant real estate transaction materials to the real estate management department where the house is located for registration of property right change, so as to successfully complete the real estate transfer.
2. If the bank does not agree to the change, the buyer and the seller need to transfer the account according to method 1. Redeem the building from the bank first, that is, pay off the money owed to the bank first. If the owner's own fund is not enough, please ask the guarantee company to redeem the building for you, and then transfer the ownership.
Method 3: redeem the building. The seller looks for the guarantee company to guarantee and then pays off the balance, takes out the real estate certificate, then handles the transfer registration, and then the seller repays the loan of the guarantee company.
Method four: the law of our country does not support the signing of agreement transfer. If the buyer and the seller think this method is not good, they can find a reliable intermediary company. The buyer and the seller need to pay a certain handling fee to let the intermediary advance money to solve the loan, the seller gets the property certificate, transfers the property to the other party's name, and the buyer then carries out the mortgage to repay the funds of the intermediary company.
To sum up, this paper mainly talks about whether there is a loan to transfer the ownership of the house, and how to transfer the ownership. We know that it is a bit troublesome compared with the loan to buy the house, but there is no problem we can't solve. We can choose a suitable method to transfer the ownership according to the four methods in this paper.