The loan house cannot be renamed.
As collateral, the property right of the house belongs to the mortgagee, and the mortgagor has no right to change the ownership privately. If the house is renamed, it shall go through the registration formalities after paying off the loan and canceling the mortgage. In order to ensure the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property. During the mortgage period, the mortgagor may transfer the mortgaged property. 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.
legal ground
Article 394 of the Civil Code of People's Republic of China (PRC) defines mortgage as the performance of secured debt. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 406 of the Civil Code of People's Republic of China (PRC) Disposal of Collateral During the mortgage period, the mortgagor may transfer the collateral. 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.
The real estate license was renamed after the mortgage repayment.
After the housing loan is paid off, it can be renamed when handling the real estate license. Materials required for renaming the real estate license: provide ID cards, household registration books and real estate licenses of both parties. The transfer of real estate to immediate family members mainly includes property inheritance, gift transfer and sale transfer. Gift mainly refers to the gift from parents to children and the gift from children to parents.
The mortgage has been paid off. Can I change my name without a real estate license?
If you just sign a contract with the developer and haven't registered the notice yet, I think it's just a contractual relationship, and you can change your name as long as the developer agrees. However, if the house has been registered in advance, it will be inoperable to change its name, and it is necessary to wait for the property right certificate to go through the change registration. Then, if the house is a resettlement house, it is necessary to negotiate with people to see if the name can be changed. It also depends on the degree of administrative filing. If the administrative organ does not register your house in your name and people are willing to cooperate with the change, I think it is feasible.
How to rename a house with a loan?
If a house with a loan is renamed, it needs to pay off the loan first, because the house cannot be transferred during the loan repayment period, and the change of the name of the house is regarded as the transfer, so it cannot be handled without the settlement of the loan and the cancellation of the mortgage, that is to say, the name cannot be added or deleted on the real estate license. You can refinance the mortgage or the seller can use the bank loan to pay off the balance before transferring the ownership.
The methods of renaming the real estate license are as follows:
1, directly add
During the marriage, husband and wife can directly add the name of their spouse, because the house belongs to the joint property of husband and wife, even if only one person's name is written in the normal property, it is also the joint property of two people. If the house is an existing house and there is no bank loan, it can be directly handled at the change registration window of the real estate trading center.
2. gifts
Non-marital period or relatives and friends, including immediate family members, can be added by gift.
Yoshiya real estate encyclopedia, buying a house needs more knowledge.
The mortgage has been paid off, but the name of the house is my brother's. How to change it?
After the mortgage is paid off, the name of the loan house is my brother's. How can I change my name? Big brother. That is to say, to change the real estate license, you should go through the formalities of information registration, online access and agreement verification at the registration information verification agreement window, assessment at the real estate appraisal window and notarization at the notarization window. The applicant's resident identity card or residence booklet. If an agent is entrusted to apply on his behalf, a power of attorney, an ID card and a copy thereof shall be submitted, and other agents shall submit an agent qualification certificate. The title certificate of the inherited property proves the death of the decedent and the legal heir. It is necessary to submit the death certificate and kinship certificate, the decedent's marriage, parents' and children's certificates, and related, kinship and certificates. Other supporting materials that the staff think should be submitted. Go through the transaction formalities at Wing Trading Window, pay stamp duty at Seven-year Cherry Blossom Window, and go through the formalities of renaming the house ownership certificate at the property right registration and certification window.
If your brother is willing to give you the title of the song, go and find it. Go to the house or real estate company for notarization, which will delay your business. Why was it your brother at the beginning and now it is his brother's name? Brother, you should talk it over with your brother. Think about it and talk about it. Are you a direct relative? There may be a charge. You should change your name. You can't change it without your brother's consent. If your brother agrees to change your house, I will give you the name, which is a good change. The civic center now has a civic center service hall. Go to the real estate registration, consult and see what materials are needed and what procedures are needed. Just change your name and pay if necessary. Immediate family members can transfer it for free.
How long can I change my name after going to the bank to open a settlement certificate?
You can change it when you get the certificate.
The house can't be renamed until the loan is paid off. Because you borrowed from the bank, the property right is not entirely yours, and the bank is also one of the creditors of this property, so you must pay off the loan and obtain the property right of 100% before you can change your name.
Legally speaking, there are three conditions for renaming an adult ID card. First, I want to express my wish to change my name. Second, I should have sufficient reasons to change my name. Third, I want to promise that I will bear all civil and legal responsibilities caused by changing my name. I can only change my name once in my life.
The introduction of renaming after the loan is paid off and renaming the real estate license after the loan is paid off ends here. I wonder if you have found the information you need?