Thursday, February 16, 2012

The mortgage of the real estate restrictions

Real estate mortgage, it is to point to the mortgage of the real estate with its lawful to do not transfer the possession to hypothec person to offer debt to perform the act that assure. If the debtor defaults, the creditor shall have the right to the mortgage of the real estate with the proceeds from auction priorities are. According to the security law "and" the urban real estate mortgage management way "regulation, the following real estate mortgages or with the mortgage shall not be limited. (a) the ownership of the land may not be mortgaged; The ground not buildings, structures or the project under construction, pure with transfer means the land use right has not to carry on mortgage; Township (town) or village enterprise of the land use may not be mortgaged alone. (2) cultivated land, curtilage base, plot and hilly land use right of the collective all, not be mortgaged, but according to law and the party awarding the contract has agreed to the barren hills, waste valleys, barren hillocks and beaches, except the land use right and wasteland. (3) ownership controversial real estate and by law to sealing up, detention, supervision or by any other means of real estate limited, not be mortgaged. (4) used for education, medical treatment, municipal and other public welfare undertakings shall not the real estate mortgage. (5) on the protection of cultural relics and building other buildings that have important memorial significance not be mortgaged. (6) has been announced to be demolished according to law shall not be the scope of real estate mortgage. (7) to enjoy preferential policies of the state for real estate can't buy the full mortgage, the mortgage amount to real estate owners may dispose of and revenue share proportion in the limit of. (8) illegal building or temporary buildings can not be used in mortgage. (9) not be mortgaged according to law of other real estate

No comments:

Post a Comment