Legal information

Can property and land be mortgaged separately?

1. Land and houses cannot be mortgaged separately. When there is a mortgage, they must be mortgaged together with the land use rights where the house is located;

2. If the land use rights are mortgaged, the houses on the land shall be mortgaged together.

What should I do if the same house is mortgaged and someone else comes to protect it?

In fact, when signing a house sale, you can actually first find out whether the house is mortgaged. Because owners are worried that they will not be able to find a buyer for the house during the mortgage period, they usually conceal the true condition of the house. However, the most direct way is to look at the real estate certificate and land certificate, and ask the homeowner to show the real estate certificate to see if the house is mortgaged.

If the house is mortgaged, a mortgage seal will be stamped on the title certificate. Furthermore, a house has been mortgaged and can be deposited in a bank. Therefore, when the owner is unwilling or unable to provide property and land certificates, the house may be mortgaged.

Naturally, if you did not consider whether the house has a mortgage at the beginning, and now you buy a house with a mortgage, it has been preserved by the owner's mortgagee. Although the situation is not optimistic, you can still take the following measures:

First, when you discover this situation, you must promptly negotiate with the other party and the developer and strive to reach a settlement that is acceptable to all three parties to avoid suffering more losses.

Second, if the two parties do not reach an agreement, they should promptly decide whether to protect their rights and interests through litigation based on the specific circumstances, and bear liability for breach of contract compensation to the developer. Even if the developer does not obtain the priority right to receive compensation for the preserved property, it can still obtain compensation if there are excess assets.