1. One opinion is that, according to the relevant provisions, the land for educational facilities, medical and health public **** facilities and other facilities for public welfare of public institutions and social organizations such as schools, kindergartens, hospitals, etc. for public welfare purposes shall not be mortgaged, so that the company cannot be subject to the registration of mortgages;
2. Another opinion, if the land for the land grant, has paid the full amount of premium and obtain legal state-owned land use right certificate, according to the provisions of the land use right acquired by way of land grant, can be set mortgage real estate mortgages, should be based on the certificate of land use right, the certificate of ownership of the house for. At this time the land can be registered for mortgage formalities. It is believed that the land mortgage is a kind of security right, is also a kind of land other rights. After the land mortgage, as the subject matter of the land does not transfer, it is still for the original user of the possession of the use, only to represent the economic value of a certain right (such as ownership, the right to use) as security. Although the land is land for public *** facilities, traditionally, land for public *** facilities is mostly acquired by way of allocation, so naturally it is not suitable for mortgage. However, if the land was acquired by grant, the land-use right holder paid the appropriate consideration and is entitled to utilize its assets for financing. Moreover, the land-use right holder is not an institution or social organization for the purpose of public welfare. It can make better use of the economic benefits of the land after taking out a mortgage. Then the utility land should be mortgageable at this time.
Definition of public ****facility land:
Utility land is generally referred to as public building land, is the scale of the residential population corresponding to the allocation of all kinds of facilities for the residents to serve and use the land, should include the building footprint and its affiliated yard, green space and parking lot and so on.
In summary, if it is a state-owned land grant, belonging to the operational, including commercial and residential, commercial, industrial, tourism, entertainment and other uses, can apply for mortgage loans.
Legal basis:
Article 399 of the People's Republic of China*** and National Code, the following properties may not be mortgaged:
(1) land ownership;
(2) the right to use collectively owned land such as homesteads, self-reserved lands and self-reserved mountains, except those that can be mortgaged as stipulated by the law;
(3) schools, kindergartens, medical institutions and other non-profit legal persons established for the purpose of public welfare, educational facilities, medical and health facilities and other public welfare facilities;
(4) ownership, right of use of the property is unknown or disputed;
(5) property that has been seized, detained or supervised in accordance with the law;
(6) other property that may not be mortgaged as stipulated by laws and administrative regulations.