According to the Civil Code, the procedure of real estate mortgage loan includes mortgage registration, and the mortgage right is established at the time of mortgage registration. Moreover, the lender should be a person who can make loans according to law, and should have full capacity for civil conduct and the ability to repay loans.

legal ground

Article 402 of the Civil Code

Where the property specified in Items 1 to 3 of the first paragraph of Article 395 of this Law or the building under construction specified in Item 5 is mortgaged, the mortgage registration shall be handled. The mortgage is established at the time of registration.

Article 394

In order to ensure the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property.

The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.