One view is that according to the relevant provisions of the Property Law and the Guarantee Law, public welfare facilities such as schools, kindergartens, hospitals, educational facilities and medical and health facilities of social organizations cannot be mortgaged, so it is impossible to handle mortgage registration procedures for the company. Another view is that the land is sold, and the transfer fee has been paid in full, and the legal state-owned land use right certificate has been obtained. According to the regulations, the land use right obtained by transfer can be mortgaged by real estate, and the land use right certificate and house ownership certificate should be handled. At this point, the land can go through the mortgage registration procedures. It is considered that land mortgage is a kind of security interest and also a kind of other rights of land. After the land is mortgaged, the land as the subject matter will not be transferred, but it will still be occupied and used by the original user, and only certain rights (such as ownership and use right) representing its economic value will be used as a guarantee. Although land is used for public facilities, traditionally, public facilities are mostly obtained by allocation, which is naturally not suitable for mortgage. However, if the land is acquired by allocation, the land use right holder has paid the corresponding consideration and has the right to finance with his own assets. Moreover, the land use right holder is not a public institution or social organization for public welfare purposes. You can make better use of the economic benefits of the land after handling the mortgage loan. Then the land for public facilities should be mortgaged at this time.
legal ground
Article 399 of the Civil Code of People's Republic of China (PRC): (1) Land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (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 laws and administrative regulations.