First, the house that has not paid off the loan is mortgaged to the bank, and it has no right to transfer the property right and change its name through mortgage sale! The notary office will not accept the notarization of real estate without proof of property rights. But if both parties agree, they can write an agreement stating the requirements of both parties, and then go to the notary office to notarize the signatures of both parties and press their fingerprints!

Note: it's a notarized signature, not that agreement.

Second, the relevant knowledge:

1, can the house with outstanding loan be transferred?

First of all, the house that has not paid off the loan can be bought and sold in practice, but the corresponding work should be done in the early stage. The specific operation direction and steps should be based on the specific conditions of the property and the specific requirements of the owner.

Secondly, it is best to pay off the loan before the real estate transaction. This will not only make real estate transactions faster, but also make buyers feel more at ease. However, if everyone fails to pay off the loan for various reasons, how can the house that has not paid off the loan be transferred? This paper recommends several specific methods of transferring real estate by loan, and you can choose according to your specific situation and actual needs.

2. How to transfer the house by loan?

Mortgage refinancing

The simplest and most direct way is to sell or transfer personal housing to a third person, apply for personal housing loan to change the loan term, change the borrower or change the collateral.

3. How to transfer the house by loan:

Pay off the remaining loan with the buyer's down payment.

This is the most widely used model in second-hand housing transactions. This method is suitable for the case that the original owner's loan amount is low or the remaining loan amount is small after a large amount of repayment. Usually, the buyer will recognize the down payment of 30% to 40% of the total turnover of the property, and the seller can pay off the remaining loan with the down payment of the buyer, and then cancel the mortgage registration of the property and make the next transaction.

4. How to transfer the house by loan:

Use bank loans to pay off the remaining loans.

If the seller wants to pay off the loan before selling the property or the buyer is optimistic but unwilling to buy the property with outstanding loan, this method can be adopted. But the premise is that the homeowner can apply for a loan only if he has collateral (such as other real estate) recognized by the bank. In this way, the homeowner can lend a certain amount of money to the bank through mortgage loan to repay the real estate loan he wants to sell, thus contributing to the success of the transaction.

2. Can the house be notarized for loans?

Generally speaking, a house with a loan cannot be notarized, because the property right is mortgaged to the bank, so the owner has no right to notarize the house before the loan is paid off. Unless the remaining mortgage is settled first, the property will be notarized by the mortgage cancellation hand. , equivalent to transfer, species. Because property is difficult to prove, the purpose of notarization is to act as property and better safeguard the vital rights and interests.

legal ground

Article 10 of the Rules of Notarization Procedure: A person without or with limited capacity for civil conduct shall apply for notarization by his guardian. A legal person applying for notarization shall be represented by its legal representative. Representatives of other responsible persons.

The parties may entrust others to handle notarization, but the application for a will, bequest and maintenance agreement, gift, determination of parent-child relationship, dissolution of adoption, living conditions, entrustment and other notarization matters closely related to the person of a natural person shall be put forward by the applicant.

3. Can the house loaned by parents be transferred to the son and daughter-in-law?

No, in the case of not paying off the loan, the real estate license and other documents are generally in the bank and cannot be transferred or mortgaged. You can't transfer the house directly if you have a loan. You can't change your name until you pay it off. You can go through the formalities of buying and selling, and you can also go through the formalities of gift. Gifts should pay 2% notarization fee and 0.5% appraisal fee (within 1 10,000 yuan), 3%-4% deed tax (different standards in different places), 0.05% stamp duty and a small amount of property right registration fee. Deed tax 1.5%-2% (standards vary from place to place), stamp duty 0. 1% (total of both parties) and a small amount of property registration fee are required when the transaction is transferred. If the purchase time is less than five years, you need to pay 5.55% business tax and additional 1% personal income tax. The key point is that the donated real estate is subject to 20% personal income tax whenever it is transferred (when the transfer is made, the appraisal is deducted), so it is not suitable for donation. So I suggest you handle the notarization of inheritance.

Can a house with a loan be notarized?

Calculate how much it will cost to decorate your home. Now the house price is only high, so many people with more money will buy a house as an investment. Buying a house by loan is not new. Can it be notarized? Many car owners will have such questions in their hearts, so let's take a look at it through the following content! Generally speaking, a house with a loan cannot be notarized, because the property right is mortgaged to the bank, so the owner has no right to notarize the house before the loan is paid off. Unless the remaining mortgage can be repaid first, go through the mortgage cancellation procedures, get back the property certificate, and then notarize the property. Many people mistakenly think that notarization of a house is equivalent to transfer of ownership. Actually, it's not. The two are different. Because property is difficult to prove, the purpose of notarization is to serve as proof of property ownership, avoid the appearance of property in the future and better safeguard the vital rights and interests. If you want to notarize the mortgaged real estate, you should first consult the bank you borrowed to see if it can be notarized. If there is really no way, you can choose a reliable guarantee company, pay off the outstanding mortgage under your name and cancel the mortgage, so that notarization can be carried out normally, but often you need to pay some fees. If you have enough money on hand, relatives and friends can borrow it to turn around, which can save the cost of the guarantee company. And when the property is notarized, the staff will review the relevant materials submitted, such as the property title certificate of the property. Also confirm the contents of the agreement, so as not to mislead the notary. After the review is correct, the applicant also needs to sign the relevant agreement. In addition, if the submitted materials are true, valid and complete through the examination of the materials, they shall be handled within half a month from the date of application, and relevant notarial certificates shall be made and sent to the applicant. But if there are special circumstances, it will take more time, so it still depends on the problem. I hope the above answers are helpful to you. Enter the area and get the decoration quotation for free. Enter the area and get the decoration quotation for free.