1. It refers to the legal act that the debtor guarantees the performance of the debt with the land use right. Land mortgage is the most basic form of real estate mortgage, which is generally carried out through land contracts. The essence of mortgage is a kind of security interest subordinate to the creditor's right, that is, a kind of security interest that guarantees the creditor to repay the debt with the property of others. That is, the debtor or the third party takes the property right as the guarantee to perform the debt. Its essence lies in providing intermediary form and material guarantee for creditor's rights relationship and maintaining the legitimacy and effectiveness of property.
Two, the right to use urban land can be mortgaged. When the land use right is mortgaged, the mortgagor and the mortgagee shall sign a mortgage contract. The mortgage contract shall not violate the provisions of national laws and regulations and the contract for the assignment of land use rights. When the land use right is mortgaged, the above-ground buildings and other attachments will be mortgaged, and the mortgage registration will be handled according to the regulations. During the mortgage contract, if the mortgagor fails to perform his debts or declares dissolution or bankruptcy, the mortgagee has the right to dispose of the mortgaged property in accordance with national laws, regulations and the mortgage contract. The mortgagee has the priority to be compensated. Where the land use right and the ownership of the above-ground buildings and other attachments are obtained by disposing of the mortgaged property, the transfer registration shall be handled in accordance with the provisions. If the mortgage right is eliminated due to debt settlement or other reasons, the mortgage registration shall be cancelled in accordance with the regulations.
Three, the mortgage of land use rights refers to the land user (mortgagor) to the creditor (mortgagee) with the legally obtained land use rights as collateral property to fulfill the debt guarantee behavior. The mortgagee does not directly possess and use the mortgaged land use right, but continues to be used and benefited by the mortgagor. Land use right as a guarantee for the loan. If the mortgagor fails to repay the loan after the expiration of the loan contract, the land use right shall be transferred to the mortgagee or disposed of by the mortgagee according to legal procedures. Because of the long land development time, large loan amount and high risk, banks often require borrowers to mortgage land use rights or real estate to avoid loan risks.
4. Besides general property mortgage, the mortgage of land use right has its own legal characteristics. For example, mortgage is a kind of security interest, which is inseparable and attached for the purpose of paying off debts, and it also has its own unique legal characteristics.
Five, the land use right mortgage itself does not transfer the land use right, that is, after the land use right mortgage, the land user can continue to occupy and benefit. Only when the debt cannot be fulfilled, the mortgagee can dispose of the land use right according to legal procedures, and then the land use right will be transferred.