Real estate mortgaged according to law is protected by law. Fifth real estate mortgage registration system. Chapter II Mortgage Creation Article 6 The following real estates may be mortgaged in accordance with these Regulations:
(a) the right to use state-owned land obtained by means of assignment or transfer according to law;
(2) Houses (including attachments) that have obtained ownership or usufructuary rights according to law;
(three) other real estate that can be mortgaged according to laws and regulations. Article 7 The following real estates shall not be mortgaged:
(1) Real estate with disputed ownership;
(two) the real estate that has been included in the scope of planned demolition and land use has been issued with a planning permit for construction land;
(3) Educational facilities, medical and health facilities, municipal and public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations;
(4) Real estate that has been sealed up, detained or taken other compulsory measures according to law;
(five) other real estate that may not be mortgaged according to law. Article 8 The mortgage of the land use right obtained by means of assignment or transfer shall not violate the provisions of the land use right assignment contract. The term of performance of the debt secured by the mortgage of the land use right shall not exceed the remaining years after deducting the used years from the used years stipulated in the land use right transfer contract. When the land use right is mortgaged, the above-ground buildings and accessories shall be mortgaged accordingly. When the above-ground house is mortgaged, the land use right within the use scope of the house is mortgaged accordingly.
If the mortgage is set with the allocated land use right, the land use right transfer formalities must be handled and the land use right transfer fee must be paid according to the regulations. Unless otherwise stipulated by the state.
The land use right of township (town) village enterprises shall not be mortgaged separately. Where buildings such as factories of township (town) and village enterprises are mortgaged, the land use right within the occupied area shall be mortgaged at the same time. Article 9 When the real estate belonging to state-owned assets is mortgaged, it must be reported to the state-owned assets management department or the entrusted operating agency of state-owned assets for approval. Article 10 Where a mortgage is set on real estate jointly owned by several shares, it shall be limited to the share enjoyed by the mortgagor.
Where the common real estate is mortgaged, the mortgagor shall obtain the written consent of other co-owners in advance. Article 11 When mortgaging the leased real estate, the mortgagor shall inform the mortgaged mortgagee and lessee in writing, and the original lease contract shall remain valid.
When the lease expires during the mortgage period, if the lessee needs to continue to lease the original house, it must obtain the consent of the mortgagee. Article 12 If the value of mortgaged real estate is greater than the balance of secured creditor's rights, it may be mortgaged again, but it shall not exceed the balance.
When the mortgaged real estate is mortgaged again, the mortgagor shall notify the person who intends to accept the re-mortgage in writing in advance.
If more than two mortgages are set on the same real estate, the performance period of the debt secured by the latter mortgage shall not be earlier than the performance period of the debt secured by the previous mortgage. Where there are other provisions in the contract, such provisions shall prevail. Article 13 With the consent of the mortgagor, the mortgagee may insure the mortgaged house and related facilities in the name of the mortgagor, and the insurance premium shall be borne by the mortgagor. If the mortgaged house and related facilities are insured, the insurance policy shall be kept by the mortgagee. Chapter iii conclusion of mortgage contract article 14 when real estate is mortgaged, the mortgagor and the mortgagee shall sign a mortgage contract. The mortgage contract shall not violate laws, regulations, rules and the provisions of the land use right transfer contract. Fifteenth real estate mortgage contract shall contain the following contents:
(1) The type and amount of secured creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) Name, location, condition, construction area, land area, area, etc. Mortgaged real estate;
(4) Valuation of mortgaged real estate;
(five) the owner, method and responsibility of the mortgaged real estate, and the risk liability for accidental damage or loss;
(six) the custody of the mortgaged real estate warrants;
(7) Conditions for the extinction of mortgage;
(eight) the way the mortgagee disposes of the real estate;
(nine) the way to resolve disputes;
(10) Other contents agreed by both parties through consultation.
When concluding a real estate mortgage loan contract, the loan content must be agreed in the contract. Sixteenth parties shall, within thirty days from the date of signing the real estate mortgage contract, go to the real estate management department and the land management department (hereinafter referred to as the registration department) for real estate mortgage registration. The real estate mortgage contract shall take effect from the date of registration. The registration department shall strengthen the supervision and management of real estate mortgage activities.