1. Can I get a loan for the mortgage of the project under construction?

Yes; Mortgage of construction in progress refers to the act that the mortgagor legally obtains the land use right together with the investment assets of the construction in progress in order to obtain the loan for continuing the construction, and mortgages it to the bank as a guarantee for repayment of the loan.

Second, the mortgage conditions of the project under construction

1. The purpose of mortgage loans for projects under construction is the funds needed for the continued construction of projects under construction.

2. The land occupied by the project under construction has paid all the land transfer fees and obtained the state-owned land use right certificate.

3. The Measures for the Administration of Urban Real Estate Mortgage clearly stipulates that the mortgage contract of the project under construction shall specify the serial numbers of the three certificates: the land use right certificate, the construction land planning permit and the construction project planning permit. Therefore, the mortgage of the project under construction must have obtained the land use right certificate, the construction land planning permit and the construction project planning permit. At the same time, the mortgage of the project under construction must also obtain the construction permit of the construction project.

4. The self-owned funds invested in the project must reach more than 25% of the total investment of the project construction, and the project construction progress and project completion delivery date have been determined.

Third, what should be paid attention to in the mortgage review of construction in progress?

1. Ask the customer to provide the construction project contract signed with the construction unit of the project under construction, and pay attention to reviewing the total project cost, payment terms and payment methods agreed in the contract, and whether the construction unit contributes to the construction.

2. When determining the amount of mortgage guarantee for projects under construction, the project funds owed to the construction unit should be excluded from the value of collateral. If there is any default in the project payment, the construction unit shall be required to issue written proof materials.

3. Require the project construction unit to provide guarantee for bank loans or give up the priority of project funds in writing. When handling loans, banks may require the construction unit to make joint and several liability guarantees in addition to the mortgage of projects under construction. If the construction unit claims the priority of the project, the bank may require the construction unit to bear the guarantee responsibility for the part of the mortgage that is insufficient to pay off, so that the loan funds will not be lost. In addition, when a customer applies for a mortgage loan for a project under construction, the bank can ask the construction unit to issue a written commitment to give up the priority of the project payment, so as to avoid the conflict between the mortgage right and the priority of the project payment from the source.

Legal objectivity:

I. Concept of mortgage of construction in progress According to Article 3 of the Administrative Measures for Urban Real Estate Mortgage revised by the Ministry of Construction in August, 2006 15, the so-called mortgage of construction in progress refers to the act that the land use right obtained by the mortgagor in a legal way and the investment assets of the construction in progress are mortgaged to the loan bank as a guarantee for repayment of the loan. According to the principle of "integration of real estate and premises", when real estate is mortgaged, the ownership of the house and the right to use the land must be mortgaged at the same time. Therefore, if the parties mortgage the completed part of the project under construction, the land use right within the occupied area will be mortgaged accordingly. II. Characteristics of mortgage right of construction in progress According to the above definition of mortgage right of construction in progress, we can see that mortgage right of construction in progress has the following characteristics: 1, with the mortgagor as the main debtor. Because the mortgage of the project under construction is the guarantee way for the lender to obtain the funds for the continued construction of the financial institution, and the mortgagor is the debtor of the loan contract and the land use right occupied by the project under construction. 2. The mortgagee is a financial institution with the right to operate the loan, generally a commercial bank, that is, the lender of the loan contract. 3. The secured debt is the loan needed for the continued construction of the project under construction. So, obviously, the only way out for this loan is to continue the construction project. 4. The mortgagor must have obtained the right to use the land occupied by the project under construction. Three. Matters needing attention in signing the mortgage contract of construction in progress (1) Before signing the contract, pay attention to examining whether the mortgagor has obtained the approval of relevant departments or whether there is a resolution agreed by relevant institutions. According to the Measures for the Administration of Urban Real Estate Mortgage, the mortgagee shall submit corresponding documents according to the different nature of the mortgagor's enterprise when setting mortgage for the project under construction: 1. If the mortgagor is a legal person of a state-owned enterprise or institution, and the real estate entrusted by the state to manage it is mortgaged, it shall obtain the approval of the state-owned assets management department. 2. If the mortgagor is a collective-owned enterprise, it must be approved by the employees (representatives) meeting of the collective-owned enterprise and reported to the higher authorities for the record. 3. If the mortgagor is a foreign-invested enterprise, it must be approved by the board of directors, unless otherwise stipulated in the articles of association. 4. If the mortgagor is a limited company or a joint stock limited company, it must be approved by the board of directors or the shareholders' meeting, unless it is stipulated in the articles of association. (two) the two sides agreed on the value of the project under construction, or hired a real estate price assessment agency to assess and determine. (3) In addition to the essential clauses of the real estate mortgage contract, the mortgage contract of the project under construction must also include the following contents: 1, the number of the state-owned land use right certificate, the number of the construction land planning permit and the number of the construction project planning permit; 2. The amount of land use right transfer fee that has been paid or needs to be paid; 3. Project funds that have been invested in projects under construction; 4. Construction progress and project completion date; 5. Workload and quantity completed. (4) After the contract is signed, both parties shall go through the mortgage registration formalities with the real estate management department, otherwise the mortgage contract will not be legally effective. Four, the project under construction is completed during the mortgage period, the parties should re apply for mortgage registration after receiving the certificate of real estate ownership.