Housing Authority authoritative answer: which property can not handle the mortgage?

Yesterday, this column invited the relevant person of the Municipal Housing Bureau, on the relevant issues to answer and explain the doubts. 1, Q: What real estate can not be set mortgage? A: According to the "Urban Real Estate Mortgage Management Measures" Article 8: the following real estate shall not be set mortgage: ① ownership of disputed real estate; ② real estate used for education, health care, municipal and other public **** welfare services; ③ listed in the cultural relics protection of the building and other buildings of significance; ④ has been announced in the scope of the demolition and relocation of real estate according to the law; ⑤ was legally seized, detained, supervised, or in other ⑤ real estate that has been seized, impounded, supervised or restricted in other forms according to law; ⑥ other real estate that cannot be mortgaged according to law. Q: Can real estate owned by private schools, private hospitals and other units be mortgaged and registered as mortgage? A: The Office of the Legislative Affairs Commission of the Standing Committee of the National People's Congress has replied to the "Opinions on the Petition on Whether the Educational Facilities and Healthcare Facilities of Private Schools, Kindergartens and Hospitals Can Be Mortgaged" of the General Office of the Ministry of Housing and Urban-Rural Development that "private schools, kindergartens and hospitals are different from those run by the government only in terms of the channels of investment, and the attributes of their public welfare are the same". The public welfare attributes are the same. The educational facilities and medical and health facilities of private schools, kindergartens and hospitals also belong to the social public welfare facilities and shall not be mortgaged in accordance with the provisions of Article 184 of the Property Law." 3, Q: A, B during the marriage of the purchase of housing, "Certificate of Housing Ownership" registered in the name of A, the divorce of the property awarded to A (or divorce agreement on the ownership of housing to A all), ask A can hold the original certificate directly for mortgage registration? A: Not with the original certificate directly. According to the provisions of the Marriage Law: the property acquired during the marriage for the husband and wife **** the same property, although the house is only registered in the name of A, but in fact, A, B both **** the same all, so should be the first for the divorce division of the registration of the house will be registered in the name of the full property rights of the name of the A before you can apply for the registration of mortgages. 4, Q: A, B husband and wife during the survival of the purchase of housing, "housing ownership certificate" registered in the name of A, after B died, B's legal heirs agreed to all the housing by A inheritance, can A directly hold the original certificate for mortgage registration? A: Not directly. A should first go to the notary public for inheritance notarization, and then with the inheritance certificate to the "one-stop window" to apply for the transfer of housing inheritance registration obtained by the new "Certificate of Housing Ownership", and then can apply for mortgage registration. 5, Q: between enterprises to buy and sell, goods transportation, processing and contracting and other economic contracts to set up a mortgage, can apply for mortgage registration? A: It can be handled. According to the provisions of Article 2 of the Guarantee Law: "In lending, buying and selling, transportation of goods, processing and contracting and other economic activities, the creditor needs to guarantee the realization of its claims, can be set up in accordance with the provisions of this law guarantee." Therefore, the enterprises can register the mortgage if they use the house to provide security for the establishment of mortgage by the economic contract of sale, transportation of goods, processing and contracting. 6, Q: due to the people's court or arbitration committee effective legal documents, legally constructed houses, inheritance or bequeathed to obtain the right of ownership of the house to set up a mortgage on the ownership of the house, what should be done? A: According to the "Housing Registration Measures" Article 35, paragraph 1 of the provisions: due to the People's Court or Arbitration Commission effective legal instruments, lawful construction of housing, inheritance or bequeathed to obtain ownership of the house, the right holder to transfer the ownership of the house or to set up mortgages on the house, should be registered in the name of the right holder of the house, and then apply for the transfer of ownership of the house or the establishment of housing mortgage registration.