For a long time, in people's minds, many people's understanding of real estate is that it can help them when they need it, such as using real estate to make a mortgage, solve the financial pressure they encounter, etc., but not all real estate can, what are the real estate that cannot be mortgaged?
Netizen consultation:
What are the types of real estate that cannot be mortgaged?
Lawyer answers:
1. Land ownership;
2. The use rights of collectively owned land such as cultivated land, homesteads, self-reserved land, and self-maintained mountains, except for those that may be mortgaged by law;
3. Educational facilities, medical and health facilities and other social welfare facilities of public welfare institutions and social organizations such as schools, kindergartens, hospitals, etc
4. Unclear or disputed property of ownership or right of use;
5. Property that has been sealed, seized, or supervised in accordance with the law;
6. Other property that shall not be mortgaged according to laws and administrative regulations.
Lawyer adds:
Where do I go to go for real estate mortgage procedures?
A) with no land use rights mortgage for the land use right of fixed objects, for the issuance of land use right certificate of the land management department;Land goes to the Land Bureau.
2) Mortgage of urban real estate or buildings such as factories of township (town) and village enterprises, which shall be the department prescribed by the local people's ** at or above the county level;Housing goes to the Housing Authority.
C) to the forest mortgage, for the county level or above the competent department of forests;
4) Where an aircraft, ship or vehicle is mortgaged, it shall be the registration department of the means of transport;
5) Where the equipment and other movable assets of the enterprise are mortgaged, the administrative department for industry and commerce where the property is located. Where an enterprise uses existing or future production equipment, raw materials, finished products or semi-finished products as collateral, it is called a floating charge, and it shall be registered with the industrial and commercial department of the domicile of the mortgagor.
Laws and Regulations] Article 399 of the Civil Code The following property shall not be mortgaged:
a) Land ownership;
2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;
3) Educational facilities, medical and health facilities, and other public welfare facilities established by non-profit legal persons for public welfare purposes, such as schools, kindergartens, and medical institutions;
4) Property whose ownership or right to use is unclear or disputed;
5) Property that has been sealed, seized, or supervised in accordance with law;
6) Other property that laws and administrative regulations provide must not be mortgaged.
Lawyer Wang Aixia is profiled
Lawyer Wang Aixia, female, born in 1978, is the founder and director of Guangdong Yueyuan Law Firm. He has been a full-time lawyer for more than 10 years, specializing in financing and borrowing, civil and commercial contract disputes, marriage and inheritance, and disposal of non-performing assets. Adhering to the practice philosophy: to be a thoughtful lawyer and make the rule of law a belief.