Legal information

How to transfer a mortgaged property?

Method 1: The seller personally repays the loan to the bank and cancels its collateral, and then transfers the property rights. All parties first reach a property rights change agreement, which is then notarized by a notary. Only after the seller pays off the bank loan can the buyer take out the property certificate from the bank and cancel the mortgage registration procedures. After the buyer registers the property rights change in accordance with the notarization agreement, the transfer is completed.

Method 2: After negotiation between the buyer and the seller, issue a written agreement between the two parties on the change of property rights to the bank. This method requires the approval of the bank.
1. If the bank can agree to change the property right, and the borrower changes from the seller to the buyer, the bank will issue a certificate for registration of change when the house has mortgage rights. At this time, the buyer and seller can borrow the real estate certificate from the bank, and then bring the real estate certificate, ownership change agreement, household registration book, ID card and other relevant real estate transaction materials issued by the bank to the real estate management department where the house is located to register the change of property rights.
2. If the bank does not agree to the change, the buyer and seller must first go to the bank to redeem the property according to method 1. That is to say, the money must be returned to the bank first. If the owner does not have enough funds, he can ask the guarantee company to redeem the property for you. After the property is redeemed, the property can be transferred.

Method 3: Find a guarantee company to guarantee the property on behalf of the seller, then pay off the remaining balance, take out the real estate certificate, and then handle the transfer registration, and then the seller repays the mortgage loan. Method 4: Our country's law does not support signing the transfer. If the buyer and seller feel that this method is not good, they can find a reliable intermediary company to handle it. The buyer and seller must first pay a certain fee and let the intermediary advance the loan. The seller obtains the real estate certificate, transfers the property to the other party's name, and the buyer then takes out a mortgage loan.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can contact a lawyer from Beijing Yingtong Law Firm for one-on-one online consultation.