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Is it possible to sign a separate mortgage loan for a house separately?

A house loan cannot be signed by a single person, and the loan requires the consent of ***. No party can handle the business privately, so if there is a need for funds, it must be obtained from *** Some people agree.

Legal basis:

"Urban Real Estate Management Law of the People's Republic of China"

Article 2 in the Urban Planning of the People's Republic of China Anyone who obtains land use rights for real estate development land within the scope of district state-owned land (hereinafter referred to as state-owned land), engages in real estate development, real estate transactions, and implements real estate management must comply with this law. The term "house" as used in this Law refers to houses and other buildings and structures on land. The term “real estate development” as used in this Law refers to the construction of infrastructure and housing on land that has obtained state-owned land use rights in accordance with this Law. Real estate transactions as mentioned in this Law include real estate transfer, real estate mortgage and house leasing.

Article 3 The state implements a system of paid and limited-term use of state-owned land in accordance with the law. However, this shall be excepted when the state allocates state-owned land use rights within the scope specified in this law.

Article 4 The state shall, in accordance with the level of social and economic development, support the development of residential construction and gradually improve the living conditions of residents.

Article 5 Real estate rights holders shall abide by laws and administrative regulations and pay taxes in accordance with the law. The legitimate rights and interests of real estate rights holders are protected by law and may not be infringed upon by any unit or individual.

Article 6: For the needs of public interests, the state may expropriate the houses of units and individuals on state-owned land, and provide demolition compensation in accordance with the law to safeguard the legitimate rights and interests of the expropriated persons; if individual residences are expropriated, The living conditions of the expropriated persons should also be guaranteed. Specific measures shall be prescribed by the State Council.

Article 7 The construction administrative department and land management department of the State Council shall, in accordance with the division of powers stipulated by the State Council, perform their respective duties and cooperate closely to manage the national real estate work. The institutional structure and powers of the real estate management and land management departments of local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 8 The transfer of land use rights means that the state transfers state-owned land use rights (hereinafter referred to as land use rights) to land users within a certain period of time, and the land users pay the state for the land use rights. The act of transferring money.

Article 9 After collectively owned land within urban planning areas has been expropriated and converted into state-owned land in accordance with the law, the use rights of the state-owned land can be transferred for a fee, unless otherwise provided by law.

Article 10 The transfer of land use rights must comply with the overall land use plan, urban planning and annual construction land plan.

Article 11 If the local people’s government at or above the county level transfers land use rights for real estate development, it must prepare an annual plan for the total area of ??land use rights transferred based on the control indicators issued by the people’s government at or above the provincial level. In accordance with the State Council Regulations shall be submitted to the State Council or the provincial people's government for approval.

Article 12 The transfer of land use rights shall be carried out in a planned and step-by-step manner by the municipal and county people's governments. For each plot of land to be transferred, its purpose, age and other conditions, the land management department of the municipal and county people's government shall jointly formulate a plan with the urban planning, construction and real estate management departments, and submit it to the people with the authority for approval in accordance with the provisions of the State Council. After approval by the government, it will be implemented by the land management departments of the municipal and county people's governments. The exercise of the powers stipulated in the preceding paragraph by the county people's government of a municipality directly under the Central Government and its relevant departments shall be stipulated by the people's government of the municipality directly under the Central Government.

Article 13 The transfer of land use rights may be through auction, bidding or mutual agreement. Land for tourism, entertainment and luxury residences must be auctioned and tendered if conditions permit; if there are no conditions and auctions or tendering cannot be used, a method agreed upon by both parties can be adopted. The transfer fee for transferring land use rights through mutual agreement shall not be lower than the lowest price determined in accordance with national regulations.

Article 14 The maximum period for the transfer of land use rights shall be stipulated by the State Council.

Article 15 To transfer land use rights, a written transfer contract shall be signed. Land use rights transfer contracts are signed between the land management departments of municipal and county people's governments and land users.

Article 16 The land user must pay the land use right transfer fee in accordance with the transfer contract; if the land use right transfer fee is not paid in accordance with the transfer contract, the land management department has the right to terminate the contract and may Request damages for breach of contract.

Article 17 If the land user pays the land use right transfer fee in accordance with the transfer contract, the land management department of the municipal or county people's government must provide the transferred land in accordance with the transfer contract; if the land user fails to pay the transfer fee in accordance with the transfer contract, If the land is provided for transfer, the land user has the right to terminate the contract, the land management department will return the land use right transfer fee, and the land user can also request compensation for breach of contract.

Article 18 If a land user needs to change the land use specified in the land use rights transfer contract, he must obtain the consent of the transferor and the urban planning administrative department of the municipal or county people's government and sign a land use rights transfer agreement. If the contract changes the agreement or the land use rights transfer contract is re-signed, the land use rights transfer fee will be adjusted accordingly.

Article 19 All land use rights transfer fees shall be turned over to the finance department, included in the budget, and used for urban infrastructure construction and land development. The specific methods for the payment and use of land use rights transfer fees shall be stipulated by the State Council.

Article 20 The state will not take back the land use rights obtained by the land users in accordance with the law before the expiration of the useful life specified in the transfer contract; under special circumstances, based on the needs of social public interests, It can be recovered in advance in accordance with legal procedures, and corresponding compensation will be given to the land user based on the actual number of years the land has been used and the actual conditions of the land development.

Article 21 The land use right is terminated due to the loss of the land.

Article 22 If the useful life specified in the land use right transfer contract expires and the land user needs to continue to use the land, he shall apply for renewal at least one year before the expiration, unless it is based on social public welfare** *If interests require the resumption of the land, approval shall be granted. If the renewal is approved, a new land use right transfer contract shall be signed and the land use right transfer fee shall be paid in accordance with regulations. When the useful life specified in the land use right transfer contract expires and the land user fails to apply for renewal or even applies for renewal but is not approved in accordance with the provisions of the preceding paragraph, the land use right shall be recovered by the state without compensation.

Article 23 The allocation of land use rights refers to the transfer of land to the land user for use after the people's government at or above the county level approves in accordance with the law, or transfers the land to the user after paying compensation, resettlement and other fees. The act of handing over rights to land users free of charge. If land use rights are obtained through allocation in accordance with the provisions of this Law, there will be no limit on the use period unless otherwise provided by laws and administrative regulations.

Article 24 The following land use rights for construction land, if truly necessary, may be allocated with the approval of the people's government at or above the county level in accordance with the law: (1) land for state agencies and military land; (2) urban land Land used for infrastructure and public welfare undertakings; (3) Land used for energy, transportation, water conservancy and other projects supported by the state; (4) Other land used stipulated in laws and administrative regulations.

Article 26 If land use rights are obtained by transfer for real estate development, the land must be developed in accordance with the land use and construction and development period stipulated in the land use right transfer contract. If the development is not started for one year beyond the date specified in the transfer contract, a land idle fee equivalent to less than 20% of the land use right transfer fee can be levied; if the development is not started for two years, the land use can be taken back for free. However, this does not apply if the start of development is delayed due to force majeure or the actions of the government or relevant government departments or the preliminary work necessary to start development.

Article 27 The design and construction of real estate development projects must comply with relevant national standards and specifications. The real estate development project can only be delivered for use after it is completed and has passed the acceptance inspection.

Article 28: Land use rights obtained in accordance with the law may be used as shares, joint ventures, or cooperatives to develop and operate real estate in accordance with the provisions of this Law and relevant laws and administrative regulations.

Article 29 The state shall adopt tax and other preferential measures to encourage and support real estate development enterprises to develop and construct residential buildings.