1. Can the real estate lease be mortgaged?
Can real estate lease be mortgaged? In the guarantee law, real estate mortgage management measures and other related laws and regulations, there is no provision for mortgage. Housing and land management departments in the mortgage registration, only for housing mortgage registration, not lease registration. Therefore, the real estate lease right cannot be mortgaged.
Second, the property lease right cannot be mortgaged, so what other properties can't be mortgaged?
Although real estate is more acceptable as collateral than other collateral, it does not mean that all real estate can be used as collateral for mortgage guarantee. Because there are many kinds of real estate, each kind of real estate has its particularity because of its different legal relationship, so it must be treated differently and handled with caution when encountering the situation of real estate mortgage.
Three, can not be used as collateral real estate mainly includes
1, schools, hospitals, state organs, social welfare institutions, religious temples and other public welfare real estate.
2, the military property (generally can't be used as collateral).
3. Real estate with property rights disputes.
4. Real estate with unclear property rights.
5. Property frozen, seized, supervised or otherwise restricted by courts or national judicial organs.
6. Real estate to be demolished according to the national plan.
7. The joint real estate is mortgaged without the written consent of all the co-owners.
8 rural collective land without buildings on the ground (excluding barren hills and wasteland, etc.). ).
9. The mortgaged real estate cannot be mortgaged again without the written consent of the original mortgagor.
10, illegal buildings, or buildings built without the approval of the state planning department and the construction department.
The above ten types of properties are all properties that cannot be used as collateral. Even if both parties sign the mortgage contract, they can't complete the mortgage registration procedure, so it is invalid. The above is an introduction about whether the real estate lease right can be mortgaged. By reading the above, I believe everyone has understood whether the real estate lease right can be mortgaged and whether the real estate lease right cannot be mortgaged. We must understand this. At the same time, the above article also introduces some other properties that cannot be mortgaged, which I believe should be helpful to friends in need.