You can't.
1. The commercial housing during the loan repayment period was originally unsold, but now it can be sold by refinancing.
2. "Mortgaging" refers to individual housing loans. Personal housing loan refers to a loan in which a borrower who has applied for personal housing loan in a bank requests an extension of the loan term from the original loan bank or sells or transfers the personal housing mortgaged to the bank to a third person, and applies for personal housing loan to change the loan term, borrower or collateral.
3. The essence of "sub-mortgage" is that the borrower of the purchased property has changed. In other words, in the case that the loan is not paid off, the purchaser can transfer or sell the property; People who buy real estate can apply for second-hand housing loans from banks.
4. Buyers can buy cheaper houses when their income is low and their repayment ability is insufficient. After their income increases and their repayment ability increases, they will resell their first suite to others and then buy a house with better conditions.
Can the real estate license be transferred if it is mortgaged?
If you can't transfer, you must pay off the loan and get back the real estate license before you can handle the normal transfer procedures of the real estate license. \ Real estate transfer process: If the transfer of the real estate license does not go through a real estate agent, the contract terms and breach clauses must be clearly written, and the party with the name on the seller's real estate license must be present when signing the contract (if married, both husband and wife need to be present and sign, even if there is only one name on the real estate license). After the application materials are ready, you must go to the real estate bureau to fill out some forms and a stock contract. The amount on the stock contract must be the same as that on the contract. After all the application materials for real estate transfer are submitted to the real estate bureau, the real estate bureau will give a receipt and pay taxes according to the date indicated on the receipt, which usually takes about 15 working days. You can get the real estate license after paying the property transfer tax.
Is the mortgaged house transferable?
Mortgaged houses can be transferred.
After consultation with the mortgagee, the mortgaged house can be transferred. Since the bank has not fully recovered the loan and loan interest, if the owner transfers the collateral, it will inevitably affect the realization of the bank's creditor's rights. Therefore, the mortgagor is generally required to settle the bank loan after the mortgage right is eliminated and transfer the house to others.
Legal basis: Article 406 of the Civil Code, which came into effect on 202 1 1, the mortgagor may transfer the mortgaged property during the mortgage period. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage 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, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
Attention should be paid to the transfer of hand houses:
1. Before the second-hand house is transferred, it is necessary to verify whether the property right of the house is defective, and to know whether the owner agrees to the transfer, whether the house is mortgaged, leased or funded, etc. Because some houses are shared by many people, the buyer must obtain the consent of all before signing the house sales contract;
2. In the process of second-hand housing transaction, it is best to pay the house price after the transfer of property rights, or pay the house price by escrow, which can reduce the transaction risk;
3. Before the transfer of second-hand houses, it is necessary to understand and verify the payment and settlement of housing public maintenance funds and property fees, and the relevant procedures for transfer must be clearly implemented in advance;
4. Some second-hand houses are still under lease at the time of transaction. If property buyers only look at the property ownership certificate and only pay attention to the transfer procedures, it is very likely that they will get a house that cannot be moved in in time or is being used.
Can the house be transferred with mortgage in the bank?
Yes, but there will be some trouble. Transfer process:
1. Settle the bank loan first. The homeowner must repay the bank loan before the mortgage can be released smoothly, and then the property right transfer formalities can be handled. In short, both parties need to reach an agreement on the change of property rights before they can go to the notary office for notarization. After the seller pays off the bank loan, the buyer can successfully obtain the real estate license from the bank and cancel the mortgage registration procedures. Finally, the two parties registered the change of property rights according to the notarization agreement and completed the transfer of property rights.
2, the bank for housing property rights change.
The buyer and the seller reach an agreement through negotiation with * * *, and then go to the bank to submit this written property right change agreement. But there is a premise, that is, to obtain the permission of the bank first. If the bank allows the change of property rights, the lender will be changed from the seller to the buyer, and the bank will issue a certificate to register the change of property rights of the mortgaged house.
3. Redeem the building
The so-called foreclosure means that the seller directly looks for a guarantee company to guarantee this. Then pay off the balance, both parties get the real estate license, handle the transfer registration, and finally the seller returns the money to the guarantee company.
:
Real estate transfer process
1. Confirm that the contract terms and breach terms are clear, there are no loopholes and unreasonable places, and the parties named above the seller's real estate license must be present when signing the contract.
2. After preparing the application materials, fill in the relevant forms and the stock house contract in the real estate bureau. The amount in the stock house contract must be the same as that in the signed contract.
3. After submitting the application materials for real estate transfer to the Real Estate Bureau, the Real Estate Bureau will give a receipt and pay taxes according to the date indicated on the receipt, which generally takes about fifteen working days.
4. You can get the real estate license after paying the property transfer tax.
The mortgaged house cannot be transferred because the house ownership certificate is kept in the bank during the mortgage period. You can't go through the transfer formalities without the real estate license, which is clearly stipulated by the real estate trading center. Property ownership certificate is one of the important materials for transfer. If you want to transfer the house, you must pay off the bank charges. At present, domestic banks support prepayment. As long as the principal is paid off in full, you don't need to pay interest later, and you can get your own real estate license, which can be said to be quite cost-effective.
Is the mortgaged house transferable?
The mortgaged property can be transferred, but it must be agreed by both parties. If the transfer is successful, there are no other problems, which can prove that the property right is not mortgaged.
The transfer process is roughly as follows:
1. Generally, the mortgagor and the owner negotiate with the bank to issue a written agreement on the change of property rights.
2. When the bank agrees to the change, the borrower is changed from the seller to the buyer, and the bank issues a certificate indicating the change matters and reasons, agrees to handle the change registration, and lends the real estate license to the bank. Then the buyer and the seller bring relevant certification materials to the local government real estate management department for property right change registration.
3. If the bank does not agree to the change, both parties can only notarize the property right change agreement reached at the notary office, take out the real estate license from the bank after paying off the bank loan, cancel the mortgage registration formalities, and handle the property right change registration formalities with the notarization agreement. Or find a guarantee company to guarantee that the balance will be paid off, and then take out the real estate license.
As can be seen from the above process, if the property is mortgaged, the seller, the buyer and the bank have to reach an agreement, so there is no problem you are worried about. No matter whether the house is mortgaged or not, it is impossible to transfer the ownership without your knowledge.
Extended data:
The transfer of real estate refers to the whole process of obtaining real estate through transfer, sale, gift and inheritance. , and go to the house ownership registration center to go through the formalities of changing the house property right, that is, the property right of Party A is transferred to Party B..
The buyers and sellers of real estate put into use shall sign real estate sales contracts. The text of the contract can be a model text formulated by the Housing and Land Administration Bureau or a self-made contract.
If a self-made contract is adopted, the parties concerned shall entrust a legal service institution recognized by the Municipal Real Estate Bureau to conduct pre-trial before applying for transfer, and the legal service institution shall put forward pre-qualified opinions on the self-made contract that meets the requirements. City, district and county real estate transaction management institutions shall, after accepting the application for transfer, review the application materials provided by the buyer and the seller, and the contents of the review are as follows:
1. Whether the materials provided by the parties are legal and valid;
2. Whether the contents of the application form are consistent and correct with the materials provided;
3. Whether the ownership of real estate is clear, whether the ownership or other rights are unclear, and whether it belongs to the non-transferable scope stipulated in the Measures for the Transfer of Real Estate;
4. Whether the transferee can transfer the real estate according to the regulations;
5. Whether the purchased real estate has been mortgaged;