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Can the land use right obtained without compensation be mortgaged?
1. Can the land use right obtained for free be mortgaged? State-owned allocated land can be mortgaged to establish mortgage, and the effective mortgage guarantee rate shall not exceed 70% of the balance after deducting the supplementary transfer fee from the total assessed land price, that is, it shall not exceed 45% of the total assessed land price. According to the "Notice of the Supreme People's Court on Forwarding the Ministry of Land and Resources", if the mortgage is set with the state-allocated land use right as the subject matter, the land administrative department shall go through the mortgage registration formalities according to law, which is deemed as the approval of the land administrative department with the right of approval, and there is no need to go through the formalities for examination and approval of the mortgage of the land use right separately. "Article 143 of the Property Law stipulates that" the owner of the right to use the construction land has the right to transfer, exchange, contribute, donate or mortgage the right to use the construction land, unless otherwise provided by law. "Article 180 1 stipulates that the right to use construction land that the debtor or a third party has the right to dispose of can be mortgaged. The so-called "except as otherwise provided by law" means that according to the provisions of Article 40 of China's Urban Real Estate Management Law, the land use right is obtained by allocation, and the transfer of real estate shall be reported to the people's government with approval authority for examination and approval in accordance with the provisions of the State Council. If the people's government with the right of approval approves the transfer, the transferee shall go through the formalities for transferring the land use right and pay the transfer fee for the land use right in accordance with the relevant provisions of the state. If the land use right is obtained by allocation, and the people's government with the right of approval decides not to go through the formalities of land use right transfer when the real estate transfer is examined and approved, the transferor shall turn over the land proceeds from the real estate transfer to the state or make other treatments in accordance with the provisions of the State Council. In addition, Article 5 1 of the Urban Real Estate Management Law stipulates: "The land use right mortgaged by real estate is obtained by allocation. After the real estate is auctioned according to law, the mortgagee shall pay the amount equivalent to the payable land use right transfer fee from the auction price. "two. Information required for mortgage of land use right 1. Application for mortgage (text provided by Land Section); 2. Original and photocopy of the land use certificate; 3. Land evaluation report; 4. Proof materials and plan of ownership of the above-ground attachments; 5. When the mortgaged land is mortgaged again, the original certificate of other rights issued last time and the repayment certificate issued by the bank shall be submitted; 6. Mortgage contract and loan contract. Three. Procedures: No matter the land use right obtained by transfer or allocation, houses built on the land can be mortgaged. After the above materials are prepared, the undertaker will review them, report them to the leaders for approval, and issue mortgage licenses. The project unit may apply for a loan from the bank with the mortgage permit and sign a mortgage loan contract with it. After signing the contract, both parties go to the Bureau of Land and Real Estate to register the land mortgage, and the undertaker issues his right certificate to the mortgagee. State-owned enterprises basically obtain land use rights for free, so the state definitely allows the allocation of mortgage loans for land use rights, but the amount of mortgage loans for land use rights is limited, and the mortgagor needs to carry an evaluation report on the allocation of land use rights. In fact, it is impossible for ordinary people to obtain land use rights for free, and there are strict conditions for obtaining land use rights for free.