The properties that cannot be mortgaged are:
1, land ownership. Land ownership refers to the right of all people to possess, use, benefit and dispose of their land according to law. The subject of land ownership in China can only be the state or rural collective economic organizations, and no other organization or individual can enjoy land ownership, so land ownership in China cannot be mortgaged.
2, arable land, homestead, plots, hilly land and other collective land use rights, can not be mortgaged. But there are two exceptions:
(1) The land use right of barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer can be mortgaged;
(two) the land use right of township (town) village enterprises shall not be mortgaged separately, but if the buildings such as factories of township (town) village enterprises are mortgaged, the land use right within the area shall be mortgaged at the same time.
3. Real estate used for public welfare undertakings such as education, medical care and municipal administration. Such as schools, kindergartens, hospitals and other public institutions, social organizations, educational facilities, medical and health facilities and other social welfare facilities, the real estate shall not be mortgaged.
4, ownership, use right is unknown or controversial real estate. The establishment of mortgage requires the mortgagor to enjoy the ownership of the mortgaged property or the right to dispose of it according to law. If the ownership is disputed, there are problems in the establishment and realization of mortgage, and the realization of creditor's rights cannot be guaranteed. Therefore, it is forbidden to use real estate with disputed ownership as collateral.
5 cultural relics protection buildings and other buildings with important commemorative significance. This kind of building has special historical and commemorative significance, is closely related to public interests, and cannot be disposed of casually, so it is forbidden to be used as collateral.
6. Real estate that has been sealed up, detained, supervised or restricted in other forms according to law. The real estate that has been sealed up, detained or restricted by supervision is temporarily in a non-transferable state, and cannot be mortgaged because the mortgagor has no right to dispose of it freely.
7. Real estate that is included in the scope of demolition according to law. Because the real estate included in the scope of demolition is in an uncertain state, it may not be mortgaged to protect the interests of creditors.
8. Other real estate that may not be mortgaged according to law. If the building is mortgaged according to legal procedures, the mortgage is invalid.