1. One view is that according to the relevant regulations, the land for educational facilities, public health facilities and other social welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations shall not be mortgaged, so it is impossible to handle mortgage registration procedures for the company;
2. Another view is that if the land is for transfer, the transfer fee has been paid in full and the certificate of legal state-owned land use right has been obtained. According to the regulations, the land use right obtained through transfer can be mortgaged to real estate, and it should be handled together with the land use right certificate and the house ownership certificate. At this time, the land can go through the mortgage registration procedures. It is considered that land mortgage is a kind of security interest and also a kind of other rights of land. After the land is mortgaged, the land as the subject matter will not be transferred, but it will still be occupied and used by the original user, and only some rights (such as ownership and use right) representing its economic value will be used as a guarantee. Although land is used for public facilities, traditionally, most of the land for public facilities is obtained through allocation, so it is naturally not suitable for mortgage. However, if the land is acquired through transfer, the land use right holder has paid the corresponding consideration and has the right to use his own assets for financing. Moreover, the land use right holder is not a public institution or social organization for public welfare. You can make better use of the economic benefits of the land after handling the mortgage loan. Then the land for public facilities should be mortgaged at this time.
Definition of land for public facilities:
The land for public facilities is generally called the land for public construction, which is the land for all kinds of facilities corresponding to the size of the permanent population, serving and using residents, and should include the construction area of buildings and their affiliated courtyards, green spaces and parking lots.
To sum up, if the land is sold by the state and belongs to business, including commercial and residential, commercial, industrial, tourism, entertainment and other purposes, you can apply for mortgage loans.
Legal basis:
Article 399 of the Civil Code of People's Republic of China (PRC) The following properties shall not be mortgaged:
(1) Land ownership;
(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(6) Other properties that may not be mortgaged according to laws and administrative regulations.