Collective land ownership cannot be mortgaged. The ownership and use right of collective land can not be mortgaged, which belongs to the situation that can not be mortgaged under the relevant laws and regulations, so the ownership of collective land can not be mortgaged. According to Article 399 of the Civil Code, the following properties may not be mortgaged: (1) Land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.
Second, can collective land be mortgaged?
Property built on collective land cannot be used as collateral for bank loans. Because collective land use rights cannot be listed and traded, they can only flow within the collective.
3. Can the collectively transferred land be mortgaged?
Legal analysis: it can be circulated within the collective scope. In other words, the circulation and realization of collective land are constrained, so banks will carefully handle the mortgage of such land, not impossible, but not welcome. Even if it is accepted, the mortgage procedures and mortgage rate are strict.
Legal basis: Article 399 of the Civil Code of People's Republic of China (PRC). The following properties shall not be mortgaged:
(1) Land ownership; (2) Liu Shan and other collectively owned land can be mortgaged except; (three) schools, kindergartens, medical institutions and other educational facilities, medical and health facilities and other public facilities; (4) disputed property; (5) Property mortgaged according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.