Legal basis: People's Republic of China (PRC) City Real Estate Management Law.
Article 47 The mortgage of real estate refers to the act that the mortgagor provides the mortgagee with debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law.
Forty-eighth legally acquired housing ownership and land use rights within the scope of occupation can be mortgaged.
The land use right obtained by means of transfer can be mortgaged.
Forty-ninth real estate mortgage should be handled with the certificate of land use right and the certificate of house ownership.
Fiftieth real estate mortgage, the mortgagor and the mortgagee shall sign a written mortgage contract.