1, the debt can not repay the debt, the mortgagee can be the disposal of collateral and mortgagee agreement, discount or by auction. The sale of the mortgaged property from the price of limited compensation. Failure to negotiate, the mortgagee may request the people's court auction, sell the mortgaged property.
2, the legal basis of the Chinese people's *** and national code article 394
In order to guarantee the performance of the debt, the debtor or the third party does not transfer the possession of the property, the property will be mortgaged to the creditor, the debtor does not perform the mature debt or the occurrence of the parties agree to realize the mortgage, the creditor has the right to the priority of the property.
The debtor or the third party under the preceding paragraph is the mortgagor, the creditor is the mortgagor, and the property for which security is provided is the mortgaged property.
Article 395
The following properties which the debtor or the third party has the right to dispose of can be mortgaged:
(1) buildings and other land attachments;
(2) the right to use land for construction;
(3) the right to use sea areas;
(4) production equipment, raw materials, semi-finished products and products;
p>(v) buildings, ships and aircraft under construction;
(vi) means of transportation;
(vii) other property not prohibited from being mortgaged by laws and administrative regulations.
The mortgagor may mortgage the properties listed in the preceding paragraph together.
Two, which items can not be used as collateral
The items that can not be used as collateral are as follows:
1, land ownership;
2, collectively owned land use rights such as arable land, residential land, self-reserved land, self-reserved mountains, etc., except those that can be mortgaged as stipulated by the law;
3, schools, kindergartens, hospitals, etc., which are aimed at the public good educational facilities, medical and health facilities, and other social welfare facilities of institutions and social organizations;
4, property whose ownership or right of use is unknown or disputed;
5, property that has been seized, detained, or supervised in accordance with the law.