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Can the property under the company name be mortgaged to individuals or companies? Can I do loan notarization or mortgage registration? How to operate? What materials need to be provided?
Can be mortgaged to individuals or companies. As for notarization, it is still possible. If the notary office considers that it does not comply with the law, it may make the loan agreement into a repayment agreement, which shall be notarized. Apply for mortgage registration in the real estate registration department. The required materials include the loan agreement, the identity cards of the mortgagee and lender, and the business licenses of the mortgagor and the borrowing company. Organization code certificate and property right certificate. At the same time, the loan agreement should specify the loan amount, mortgage amount, repayment period, etc.

Legal analysis

Real estate mortgage refers to the loan method that the owner of the real estate obtains the loan with the deed of house as collateral and pays the interest on schedule. The property right of the house is still managed by the property owner himself, and the creditor only takes interest on schedule and has no right to manage the house. After the loan is paid off, the property owner will terminate the mortgage of the deed. When the debtor fails to perform the debt, the creditor has the right to dispose of the mortgaged house according to law, and has the right to receive priority compensation for the proceeds from the disposal of the mortgaged house. The party who provides the mortgaged house is called the mortgagor, and the original creditor who accepts the mortgaged house is called the mortgagor. Housing mortgage is the guarantee of the original creditor-debtor relationship, the main contract, and the housing mortgage is the subordinate contract. It is based on the legal and effective existence of the original master contract and cannot exist independently. The mortgaged house can be kept by the mortgagee or the mortgagor, generally by the mortgagor. The custodian shall properly keep the mortgaged house. When the party with the obligation to pay off the debt fails to perform its obligations, the mortgagor can directly exercise the housing mortgages and realize his rights without relying on the debtor's behavior. Collateral must be a house, and the mortgagor of the house can be a debtor or a third person. The mortgagor must have the ownership of the mortgaged house. If the mortgaged house is a state-owned house, the mortgagor must have the right to dispose of the mortgaged house. The establishment of housing mortgage is generally in written form, and the scope of guarantee should be clearly defined. After the mortgagor mortgages the house, he will not lose the ownership of the house. Therefore, the mortgagor should bear the risk of accidental loss of the house. Housing mortgage loan is a kind of security interest. If the mortgagor transfers the mortgaged house to a third party without the consent of the mortgagor, the mortgagor has the right to recover the mortgaged house, and the losses suffered by the transferee shall be borne by the mortgagor.

legal ground

Article 47 of People's Republic of China (PRC) Urban Real Estate Management Law refers to the act that the mortgagor provides the mortgagee with debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law.

Forty-eighth legally acquired housing ownership and land use rights within the scope of occupation can be mortgaged. The land use right obtained by means of transfer can be mortgaged.