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Whether the house without house property certificate can be mortgaged for private lending

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Whether the house without house property certificate can be mortgaged for private lending


        

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  • 2024-05-28 12:02:09

    A house without a house property certificate cannot be mortgaged.

    The mortgaged house shall meet the following requirements:

    (1) The property right of the house should be clear, meet the conditions for listing and trading stipulated by the state, and can enter the real estate market for circulation without any other mortgage;

    (2) The sum of house age (calculated from the date of completion of the house) and loan life cannot exceed 40 years;

    (3) The mortgaged house is not included in the local urban reconstruction and demolition plan, and has the house property certificate and land certificate issued by the real estate department and the land management department.

    [Legal Basis]

    Article 394 of the Civil Code states that the debtor or a third party does not transfer possession of property to guarantee the performance of the debt;

    If the property is mortgaged to the creditor, and the debtor fails to pay its due debts or the circumstances agreed by the parties to realize the mortgage right occur, the creditor has the right to have priority in the payment of the property.

    The debtor or the third party mentioned in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides security is the mortgaged property.

    Li***

    2024-05-28 12:02:09

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