legal ground
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.
Article 51 The right to use the land mortgaged by real estate shall be obtained by allocation. After the real estate is auctioned according to law, the mortgagee shall be paid the amount equivalent to the payable land use right transfer fee from the auction price, and then the mortgagee can be compensated in priority.
Article 52 After the signing of the real estate mortgage contract, the newly-built houses on the land do not belong to the mortgaged property. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no right to be compensated in priority for the proceeds from the auction of the new houses.