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Can the transferred land be mortgaged?
Can homestead and transferred land be mortgaged?

You can apply for a mortgage. The circulation of homestead refers to the circulation of the right to use homestead, that is, farmers who have the right to use homestead transfer the right to use homestead to other farmers or economic organizations. But only those who are transferred to the collective. Legal effect of the transfer of the right to use the homestead: 1 The right to use the homestead cannot be transferred separately. In any of the following circumstances, it is deemed invalid: (1) urban residents purchase; (two) legal persons or other organizations to buy; (3) The transferor transfers without the approval of the collective organization; (4) Transferred to a person other than a member of the collective organization; (5) The transferee's existing house does not meet the allocation conditions of homestead. 2. The transfer of the right to use the homestead must meet the following conditions (1). The transferor owns two or more rural houses (including homestead). (2) Transfer of members of the same collective economic organization. (3) The transferee has no house or homestead, which meets the conditions for the allocation of the right to use the homestead. (4) The transfer must be approved by the collective organization. (5) The right to use the homestead cannot be transferred separately. The right to use rural homestead is transferred with the land, which is a unique independent usufructuary right in China. It is the right for rural residents to build houses and ancillary facilities on the homestead owned by collective economic organizations obtained according to law, and to possess, use and restrict the disposal of the homestead. It has the characteristics of strict identity, free use, permanent use, strict limitation of subordinate relationship and scope. For farmers who are in urgent need of money, land mortgage loans are carried out under the guidance of local governments, aiming at new business entities with moderate scale operation.

How to apply for mortgage loan for land transfer?

Now more and more people can apply for loans as collateral, and land can also be used as collateral to apply for loans. Can the transferred land be used as collateral to apply for a loan? How to apply?

Land transfer: refers to the transfer of land use rights. Farmers who have the right to contracted management of land transfer the right to land management (use right) to other farmers or economic organizations, that is, retain the right to contracted management, and the act of transferring the right to use is land circulation.

Land mortgage loan: that is, to provide loans to individual contractors, family farms and land cooperatives who have obtained land use rights with the transfer of land use rights as collateral. Agricultural financial institutions have the right to supervise the operation of project funds according to the loan contract. If it is difficult to repay due, the land use right and crops on the ground can be auctioned according to law.

You can apply for land mortgage loan when transferring land. The borrower must obtain the right to operate the land circulation in accordance with the law, and obtain the rural land circulation management certificate in accordance with the law, and obtain the written commitment of the employer (i.e. the village economic cooperative or the stock economic cooperative) and the outflow party to agree to mortgage. When the loan cannot be repaid, the financial institution can dispose of the mortgaged land circulation management right. The land used for mortgage needs to be agricultural land with a certain production scale and sustainable production capacity and other rural land that meets the mortgage conditions, and it is operated according to law and has not changed its agricultural use.

Compared with other loans, the rural land circulation management right mortgage loan needs to provide three main personalized information:

1. Proof of ownership of land circulation management right, including rural land circulation contract and rural land circulation management right certificate, etc. ;

2, the ground (including underground) connection information;

3, the employer and the outflow agreed to mortgage and financial institutions to dispose of collateral written proof materials.

Can the land certificate be mortgaged?

Land certificates cannot be used for bank loans, and bank mortgage loans require real estate certificates, and there are attachments (real estate, factories, etc.). ) On land. 1. mortgage application conditions: nature of the house; Houses, office buildings, villas, commercial houses, houses, affordable housing (strict requirements for affordable housing) and clear property rights within 20 years; , the mortgagor (normal age: 18-65 years old) is in good health; , the mortgagor has not participated in the credit investigation in the past 24 months; The mortgagor can prove the source of repayment and other assets (large time deposit certificate, second house property, stocks, funds, etc.). ); , the actual use of funds is clear; 2. Preparation materials: the original and photocopy of the ID card and household registration book of the borrower and spouse (if single, single certificate is required); Certificate and copy of the marital status of the borrower; , family property, car ownership certificate and its photocopy, and other assets certification materials (original and photocopy of house ownership certificate, land use certificate and deed certificate); Statement of personal main bank account in the last 6 to 12 months (stamped with bank seal); , work unit income certificate; Proof materials such as family private lending; , evaluation report; Three. Process: submit materials → sign bank documents → house evaluation → bank approval → bank loan → mortgage registration → monthly repayment.

Land transfer mortgage loan policy, can land transfer be mortgaged?

It can be mortgaged. According to the relevant requirements of the Rural Land Contract Law, if rural land is contracted by means of bidding meeting, auction, announcement and discussion, and the ownership qualification certificate is obtained through filing in accordance with the regulations, the land management right can be transferred by lease, shareholding investment, mortgage or other means in accordance with the regulations. Therefore, land contracting can be mortgaged.

The lender shall reasonably and legally obtain the right to operate the land circulation, and obtain the certificate of the right to operate the rural land circulation according to the regulations and laws, and obtain the mortgage from the contractor (i.e. the village economic cooperative or the stock economic cooperative) and the outflow party. When the mortgage loan cannot be repaid, the financial enterprise can complete the handling of the right to operate the mortgaged land circulation. The land resources used for mortgage need to be agricultural land with corresponding production scale and sustainable productivity and rural land meeting mortgage standards, which should be operated according to laws and regulations without changing the use of agriculture and animal husbandry.

According to statistics, compared with other mortgage loans, the mortgage loan of rural land circulation management right must give three humanized materials: the title certificate of rural land circulation management right, including rural land circulation contract and rural land circulation management title certificate; Description of the above-ground (including underground) appendages; A written document proving that the contractor and the outflow party allow mortgage and allow the financial enterprise to handle the collateral. After signing the mortgage loan contract, both borrowers and borrowers need to go to the county agricultural bureau for mortgage registration. Financial enterprises can make loans in accordance with the loan agreement after obtaining the certificate of other rights of rural land circulation management right.

In addition, in order to encourage financial enterprises to support the development trend of agricultural production and management entities, Chun 'an County Finance Bureau will also reward the mortgage loans for rural land circulation management rights issued by financial enterprises.

Rural land transfer can only be completed among members of the organization. If you want to transfer the right to use to outsiders, you must go through the residents' meeting and get the permission of the township government, otherwise it will be invalid. In other words, all private transfer agreements are invalid.

The rural land is contracted by means of bidding, tendering, announcement, discussion, etc., and the qualification certificates such as property right certificate or forest right certificate for contracted operation of land resources have been filed in accordance with regulations and laws, and must be mortgaged by the contractor.

Can rural land circulation be used as collateral for loans?

It is a written commitment that the borrower needs to legally obtain the right to operate the land circulation, and obtain the rural land circulation management certificate according to law, and obtain the consent of the employer (that is, the village economic cooperative or the stock economic cooperative) and the outflow party to mortgage, and when the loan cannot be returned, the financial institution can dispose of the mortgaged land circulation management right. The land used for mortgage needs to be agricultural land with a certain production scale and sustainable production capacity and other rural land that meets the mortgage conditions, and it is operated according to law and has not changed its agricultural use. It is understood that compared with other loans, there are three main personalized materials to be provided for the mortgage loan of rural land circulation management right: certification materials of land circulation management right, including rural land circulation contract and rural land circulation management right certificate; Explanatory data of the above-ground (including underground) attachments; Written proof that the employer and the outflow party agree to mortgage and agree to the financial institution to dispose of the collateral. After signing the mortgage loan contract with the lender, the borrower needs to go through the mortgage registration formalities at the county agricultural office. After obtaining the certificate of other rights of rural land circulation management right, financial institutions can issue loans according to loan contracts. In addition, in order to encourage financial institutions to support the development of agricultural production and management entities, Chun 'an County Finance will also reward rural land transfer management rights mortgage loans issued by financial institutions.

This concludes the introduction of whether the transferred land can be mortgaged or not. I wonder if you have found the information you need?