Is the transfer of mortgaged property not affected?

The mortgage transfer of the mortgaged property is still valid. During the mortgage period, the mortgagor may transfer the mortgaged property. If the mortgagee can prove that the transfer of the mortgagor will harm his legitimate rights and interests, he may require the mortgagor to pay off his creditor's rights in advance or deposit them. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, the parties may require the mortgagor to pay off the debt or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.

1. What property can be mortgaged:

1. Houses and other fixed objects on the ground owned by the Mortgagor.

2. Machines, vehicles and other property owned by the mortgagor.

3. State-owned land use rights, houses and other fixed objects on the ground that the mortgagor has the right to dispose of according to law.

4. State-owned machinery, vehicles and other property that the mortgagor has the right to dispose of according to law.

5. The land use right of barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer.

6. Other properties that can be mortgaged according to law.

Second, what property can't be mortgaged?

1, land ownership.

2, arable land, homestead, private plots, private hills and other collectively owned land use rights, but the fifth paragraph of Article 34 and the third paragraph of Article 36, that is, "the land use rights of township (town) and village enterprises shall not be mortgaged separately. Where buildings such as factories of township (town) and village enterprises are mortgaged, the land use right within the occupied area shall be mortgaged at the same time, unless otherwise stipulated.

3, schools, kindergartens, hospitals and other public institutions, social organizations, educational facilities, medical and health facilities and other social welfare facilities.

4. Property whose ownership and use right are unknown or controversial.

5. Property that has been sealed up, detained or supervised according to law.

6. Other properties that may not be mortgaged according to law.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.

Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of guarantee.

Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it does not exercise, the people's court will not protect it.