What Are The Requirements For The Establishment Of Real Estate Mortgage?

　　 Establishment of real estate mortgage Mainly include:

(1) the mortgagor must have the subject qualification. That is, the mortgagor should have the ability of right and behavior, and have the right of ownership and disposition to the mortgaged property.

Collateral must comply with the law. From all countries' legislation, not all real estate can be set up mortgage. According to the relevant laws and regulations of China's guarantee law and the urban real estate management law, the following real estate can not be mortgaged.

A, real estate for public welfare such as education, medical treatment and municipal administration;

B, buildings protected by heritage and commemorative buildings.

C, has been declared in accordance with the law in the scope of the demolition of real estate;

D, immovables sealed by judicial organs or administrative organs according to law;

E, property with unclear or disputed property rights;

F, real estate from the written consent of all co owners;

G, illegal buildings without legal warrants.

Value assessment should be fair. The value of the mortgaged property should be assessed by an assessment body with an assessment qualification, and a reasonable and fair evaluation report should be made, and then the mortgage rate and guarantee value should be determined according to the value of the assessment.

(4) handle mortgage registration. In accordance with Chinese law, mortgage of real estate must be registered with mortgage, and the mortgage contract will become effective from the date of registration.