In our daily lives, the transfer of mortgaged property is a complex and common issue. According to the relevant provisions of the Civil Code of the People's Republic of China, during the mortgage period, the mortgagor can actually transfer the mortgaged property. But there is a detail here, and that is that if there is another agreement between the parties, then it will be handled according to their agreement.
This begs an important question: how will the mortgage be affected during the transfer of the mortgaged property? The answer is: the transfer of the mortgaged property does not affect the mortgage right. The mortgagor can transfer the property with confidence, as long as the mortgagee is notified in a timely manner. However, it should be noted here that if the mortgagee can prove that the transfer of the mortgaged property is likely to be detrimental to their rights and interests, then they have the right to require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance.
So, if the owner of the house enters into a contract to sell the house without the consent of the mortgagee, is such a contract valid? The answer is yes. Such a contract is valid according to the law. However, in order to avoid subsequent disputes and troubles, it is best for the owner of the house to obtain the consent of the mortgagee before the house.
In general, the transfer of mortgaged property is an issue that needs to be handled with caution. Only when we fully understand the relevant laws and regulations, and ensure that all steps are in compliance with the regulations, can we protect our rights and interests to the greatest extent and avoid disputes and troubles.
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