The mortgage condition of the project under construction is 1. The purpose of mortgage loans for projects under construction is the funds needed for the continued construction of projects under construction. Before the promulgation of the Civil Code, credit customers were not allowed to guarantee others' debts with projects under construction, nor their own debts for other purposes. They could only guarantee loans to obtain funds for the continued construction of projects under construction. After the implementation of the Civil Code, the mortgage of projects under construction can mortgage other types of creditor's rights, and there is no restriction on the types of mortgage guarantees for projects under construction. 2. The land occupied by the project under construction has paid all the land transfer fees and obtained the state-owned land use right certificate. 3. The Measures for the Administration of Urban Real Estate Mortgage clearly stipulates that the mortgage contract of the project under construction shall specify the serial numbers of the three certificates: the land use right certificate, the construction land planning permit and the construction project planning permit. Therefore, the mortgage of the project under construction must have obtained the land use right certificate, the construction land planning permit and the construction project planning permit. At the same time, the mortgage of the project under construction must also obtain the construction permit of the construction project. 4. The self-owned funds invested in the project must reach more than 25% of the total investment of the project construction, and the project construction progress and project completion delivery date have been determined. Legal risk of mortgage of construction in progress: 1. At present, although our office strictly stipulates that the mortgagee of the project under construction and the mortgagee of the mortgage loan must be the same, there are also cases where the developer applies for the mortgage loan of the project under construction in one bank and reaches a mortgage loan cooperation agreement with another bank during the pre-sale, resulting in repeated mortgage. 2. In order not to affect the sales of mortgaged commercial housing under construction, the developer failed to obtain the written consent of the mortgagee in accordance with relevant regulations and truthfully informed the buyers. 3. The construction unit advances funds, and the developer mortgages part of the property after paying the project payment. Once there is competition with the priority of project price, banks will be in the order of secondary repayment, and the degree of protection of creditor's rights will be greatly reduced. 4. There is no uniform standard for evaluating the mortgage value of projects under construction and the proportion of projects under construction that are allowed to be mortgaged. 5. Some developers failed to register in time after signing the contract with the buyers in order to avoid the supervision and management of the pre-sale funds by the pre-sale management department, which led to the misappropriation of the pre-sale funds. 6. Although many places have implemented online filing of commercial housing, people who buy houses still don't understand this, and they can't understand the basic situation of their houses through the information of commercial housing published online. 7. The supervision measures of individual advance payment supervision banks are weak or the loans are not recovered from the advance payment in time, which leads to the fact that the state-owned land use certificate or the mortgage of the construction in progress has not been lifted when the real estate license is handled, which leads to obstacles in handling the transfer of property rights, and buyers cannot successfully obtain the real estate license.

Legal objectivity:

I. Concept of mortgage of construction in progress According to Article 3 of the Administrative Measures for Urban Real Estate Mortgage revised by the Ministry of Construction in August, 2006 15, the so-called mortgage of construction in progress refers to the act that the land use right obtained by the mortgagor in a legal way and the investment assets of the construction in progress are mortgaged to the loan bank as a guarantee for repayment of the loan. According to the principle of "integration of real estate and premises", when real estate is mortgaged, the ownership of the house and the right to use the land must be mortgaged at the same time. Therefore, if the parties mortgage the completed part of the project under construction, the land use right within the occupied area will be mortgaged accordingly. II. Characteristics of mortgage right of construction in progress According to the above definition of mortgage right of construction in progress, we can see that mortgage right of construction in progress has the following characteristics: 1, with the mortgagor as the main debtor. Because the mortgage of the project under construction is the guarantee way for the lender to obtain the funds for the continued construction of the financial institution, and the mortgagor is the debtor of the loan contract and the land use right occupied by the project under construction. 2. The mortgagee is a financial institution with the right to operate the loan, generally a commercial bank, that is, the lender of the loan contract. 3. The secured debt is the loan needed for the continued construction of the project under construction. So, obviously, the only way out for this loan is to continue the construction project. 4. The mortgagor must have obtained the right to use the land occupied by the project under construction. Three. Matters needing attention in signing the mortgage contract of construction in progress (1) Before signing the contract, pay attention to examining whether the mortgagor has obtained the approval of relevant departments or whether there is a resolution agreed by relevant institutions. According to the Measures for the Administration of Urban Real Estate Mortgage, the mortgagee shall submit corresponding documents according to the different nature of the mortgagor's enterprise when setting mortgage for the project under construction: 1. If the mortgagor is a legal person of a state-owned enterprise or institution, and the real estate entrusted by the state to manage it is mortgaged, it shall obtain the approval of the state-owned assets management department. 2. If the mortgagor is a collective-owned enterprise, it must be approved by the employees (representatives) meeting of the collective-owned enterprise and reported to the higher authorities for the record. 3. If the mortgagor is a foreign-invested enterprise, it must be approved by the board of directors, unless otherwise stipulated in the articles of association. 4. If the mortgagor is a limited company or a joint stock limited company, it must be approved by the board of directors or the shareholders' meeting, unless it is stipulated in the articles of association. (two) the two sides agreed on the value of the project under construction, or hired a real estate price assessment agency to assess and determine. (3) In addition to the essential clauses of the real estate mortgage contract, the mortgage contract of the project under construction must also include the following contents: 1, the number of the state-owned land use right certificate, the number of the construction land planning permit and the number of the construction project planning permit; 2. The amount of land use right transfer fee that has been paid or needs to be paid; 3. Project funds that have been invested in projects under construction; 4. Construction progress and project completion date; 5. Workload and quantity completed. (4) After the contract is signed, both parties shall go through the mortgage registration formalities with the real estate management department, otherwise the mortgage contract will not be legally effective. Four, the project under construction is completed during the mortgage period, the parties should re apply for mortgage registration after receiving the certificate of real estate ownership.