On the land use change has handled the land use right of mortgage registration of the mortgage registration effect on what kind of impact

Method Law Consulting Inquiry Italy See

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Mianyang city * * District Rural Credit cooperative:

   According to your agency consultation, the change has land use land use right mortgage registration will affect the validity of the registration of mortgage problems, put forward the following legal advice:

   The relevant laws, not because of change of land use and lead to provisions must be made to have a substantial impact on the corresponding change of registration of mortgage or mortgage registration. From theThe state land administration "about the change of land registration regulations"(promulgated on February 23, 1993)The Twelfth "the third land use registration change, land owners, users in the thirty days after the change approval, relevant approval documents to apply for registration of land use change" and "on the registration of mortgage related matters concerning the land use right to the land management department"(promulgated on January 3, 1997)Article fourth paragraph third "mortgages, mortgage contract is altered, the parties to the mortgage shall within fifteen days after the mortgage contract, the holders of the relevant documents to the land management department to handle the mortgage registration change"The rules can be seen, the land use change, only the land owners and users to apply for registration of land use change, the land owners or users of the mortgagee not land, and land use change did not make the mortgage contract is altered, so there is no need to amend the mortgage registration procedures.

   Therefore, we judge, due to land use change does not necessarily lead to a mortgage contract in relation to the mortgagor and mortgagee, collateral quantity, quality, ownership and use right of ownership and other necessary terms change, so it will not have a material impact on the validity of mortgage contract. But we also draw your agency in dealing with specific cases, shall timely and the administrative department of land and resources of local contact to changes in land use, whether ought to do the corresponding change of registration of mortgage registration, should eventually to the administrative departments of the reply shall prevail, to ensure that the mortgage registration will not be affected by any. 

                                                                                                                                                     The provided Sichuan * * lawyer

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