One opinion is that, according to the relevant provisions of the Property Law and the Security Law, the educational facilities, medical and healthcare public **** facilities, and other social public welfare facilities of the institutions and social organizations, such as schools, kindergartens, hospitals, etc., are not subject to mortgage, and therefore, it is not possible to apply for the registration of a mortgage for the company. 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 obtained 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 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.
Legal basis
The Chinese People's *** and National Code Article 399 The following properties shall not be mortgaged: (a) land ownership; (b) the right to use collectively owned land such as homesteads, self-owned land, self-owned mountains, but except for those that can be mortgaged as stipulated by law; (c) schools, kindergartens, medical institutions, etc. established for the public interest. (c) schools, kindergartens, medical institutions and other non-profit legal persons established for the purpose of public welfare, education facilities, medical and health facilities and other public welfare facilities; (d) ownership, right of use of property is unknown or disputed; (e) the law has been seized, detained, supervision of property; (f) laws and administrative regulations shall not be mortgaged other property.