1, mortgage characteristics The mortgagor and the mortgagee shall conclude a mortgage contract in writing. Article 38 of the Guarantee Law: "The mortgagor and the mortgagee shall conclude a mortgage contract in writing." _ Transfer the possession of mortgaged property. Article 33 of the Guarantee Law: "The term" mortgage "as mentioned in this Law means that the debtor or a third party does not transfer its possession and takes the property listed in Article 34 of this Law as the creditor's right guarantee. When the debtor fails to perform his debts, the creditor has the right to discount or give priority to compensation with the price of auction or sale of property in accordance with the provisions of this law. " When the debtor fails to perform the debt, the creditor has the right to discount it according to law or give priority to compensation with the price of auction or sale of the property.
2. Types of mortgage, real estate mortgage, refers to the mortgage set with real estate as collateral. The so-called real estate refers to the property that cannot be moved or will lose its original value or use value, such as land (in China, it is limited to the right to use construction land and the contractual management right of mortgaged land), buildings and other land attachments (such as houses). Chattel mortgage refers to the mortgage set with chattel as collateral. Movable property refers to the movable property without affecting its use value or reducing its value (in China, it is limited to special movable property such as transportation).
3. Mortgage of rights refers to the mortgage with various property rights stipulated by law as the mortgage object. According to China's current laws, rights can only be used for pledge. Consortium mortgage, also known as enterprise mortgage, refers to the mortgage made by the mortgagor (enterprise) with all his movable property, real estate and rights as the mortgage target; This type is actually a collection of various types of guarantees, and it is not a legal way of mortgage. Joint mortgage, also known as blanket mortgage, refers to the mortgage set on several different properties with the same creditor's right as the guarantee. This type is actually a collection of all kinds of guarantees, not a legal mortgage. Maximum mortgage means that the mortgagor and the mortgagee agree to guarantee the creditor's rights that occur continuously in a certain period with collateral within the maximum amount.