The land mortgage rate refers to the ratio of the loan amount obtained by land mortgage loan to the land evaluation price.
Specifically, the mortgaged land is appraised by the appraisal agency designated by the bank, and the loan issued by the bank cannot be higher than the corresponding percentage of the appraisal price (if the mortgage rate is 60% and the appraisal price is 6,543,800 yuan, the loan amount cannot be higher than 600,000 yuan), so the mortgage rate directly determines the loan amount of the customer.
The mortgage rate of land use right refers to the ratio of loan amount to land valuation. The mortgage rate of general houses does not exceed 70%. If the right to use construction land is mortgaged, the mortgage rate shall not exceed 50%-60%. The mortgage rate mainly depends on the value of the mortgaged goods. If the state-owned land is obtained free of charge, it can only use the land use right and cannot be mortgaged.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 400 Where a mortgage contract creates a mortgage right, the parties shall adopt a written form.
A mortgage contract generally includes the following clauses:
(1) The type and amount of secured creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) The name and quantity of the mortgaged property;
(4) the scope of the guarantee.
State-owned allocated land use rights cannot be directly mortgaged for free. Due to historical reasons, state-owned enterprises and collective enterprises occupy and use urban state-owned land. The above-mentioned enterprises only have the right to use this kind of land allocated free of charge, but they have no right to dispose of it, and they cannot use the allocated land as collateral.
Premise of mortgage of land use right: Real estate developers or enterprises can legally mortgage their land use right to obtain bank loans or other forms of funds only after signing a land transfer contract with the government, paying the land price and obtaining a land use certificate. If the above legal conditions are not met, the mortgage of land use right is invalid.
The mortgage must have a written document. When the land use right is mortgaged, the mortgagor and the mortgagee shall sign a mortgage agreement in accordance with the relevant laws of the state. Because the mortgage of land use rights often involves a large amount of money, any oral agreement is hasty and not serious, so any mortgage of land use rights must be in written form and legal documents should be formulated.