The donor and the donee go to the notary office for notarization of the gift; Then go to the Housing Authority to handle the notarial certificate and conduct online signing and tax verification;
Then go to the registration hall to handle the transfer procedures;
Get the title certificate in a few days;
To apply for personal housing loan in our bank, if you need to go through the relevant procedures such as real estate license, new/changed property rights, etc. Because the relevant regulations in different cities are different, you can contact the loan handling bank or the local post-loan service center for consultation and confirmation.
Immediate family members, can the house be donated during the mortgage period? Hello, this depends on local policies. First of all, your house is mortgaged (generally, it can only be cancelled after settlement), but some places can negotiate with banks to issue relevant certificates (not necessarily settlement, but also need the approval of local real estate trading centers), and you can consult mortgage banks and real estate trading centers.
Can the mortgaged house be given to others? Because of the bank's mortgage loan, the bank is still the mortgagee, and the house is in a mortgage state. Without the consent of the bank, it shall not be disposed of (including buying, selling, giving away, etc.). You must repay the bank loan and cancel the mortgage before you can go through the relevant formalities of giving away.
Can the mortgaged property be donated? Can the mortgaged property be donated? Certainly not, because the loan has not been paid off and the bank will not agree. . .
If you want to give real estate, you can only give it after the mortgage is paid, otherwise who will pay the rest of the loan?
That is, if you repay the loan, the bank will not agree to your gift of real estate, because there are certain hidden dangers of creditor's rights and debts.
Can I still give the house to others if the mortgage is not paid? My parents have lived in small towns for a long time, and my husband and I have always wanted to take them to live in the city. But the old people think that there is no sense of stability without a house, and they always don't want to come. My husband and I borrowed money to buy two houses, and we are still repaying the loan. We are going to give one of them to my parents now, so that they can live in the city with peace of mind. But we were told that we had to pay off the mortgage before we could go through the gift formalities, so we were in trouble. Can I get a gift if the mortgage is not repaid? Tan: Article 191 of China's Property Law stipulates that during the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, the proceeds from the transfer shall be paid off in advance or deposited 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. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debts and extinguishes the mortgage on his behalf. According to the above-mentioned laws and regulations, during the mortgage period, the house may not be transferred without the consent of the mortgagee. Judging from the situation you introduced, the "gift" you mentioned belongs to the "transfer of punishment" in the above legal provisions. The house you and your husband bought with the mortgage loan is still in the mortgage period, and the mortgage right has not been eliminated, so you and your husband can't give the house to their parents. Of course, you and your husband can sign an agreement and take the form of conditional gift, stipulating that after the house loan is paid off, the property right of the house belongs to your parents, but you still need to continue to repay the loan on time in this way.
Can the house bought before marriage be given to others during the repayment period? When the two parties fail to reach an agreement on the house value and ownership of the same property, the people's court shall handle it according to the following circumstances: (1) If both parties claim the ownership of the house and agree to bid, they shall allow it; (two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation; (three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided. (Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II))
If you repay the loan after marriage and have a property division agreement with the other party, the property belongs to you and can be given to others.
Mortgage loan to buy a house, can you give it to others yet? Case: My parents have lived in a small town for a long time, and my wife and I discussed taking them to live in the city. But the old people feel old, like quiet, don't want to live with us young people, and always don't want to come. So my wife and I negotiated a loan to buy two houses, and both of them are still repaying the loan. In order to make my parents live in peace of mind, we are going to give them one now. But friends around us told us that the mortgage must be paid off before we can give it, so we were in trouble. Excuse me, can't I go through the gift formalities because the mortgage has not been repaid? Lawyer's answer: Article 191 of China's Property Law stipulates that during the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, he shall pay off the debt to the mortgagee in advance or deposit the proceeds from the transfer. 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. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debts and extinguishes the mortgage on his behalf. According to the above-mentioned laws and regulations, during the mortgage period, the house may not be transferred without the consent of the mortgagee. As far as you are concerned, the "gift" you mentioned belongs to the "transfer penalty" in the above legal provisions. The house you and your wife bought with a mortgage loan is still in the mortgage period, and the mortgage has not been eliminated. You and your wife can't give the house to your parents. Of course, you and your wife can sign an agreement in the form of conditional gift, stipulating that after the house loan is paid off, the property right of the house belongs to your parents, but you still need to continue to repay the loan on time in this way.