The conditions of rural homestead mortgage loan are as follows: mortgage registration should be based on the registration of homestead use right; Only the right to use the homestead registered by the land administration department of the people's government at the county level can be mortgaged; There is no dispute about the right to use the homestead; Land is not included in the scope of land acquisition; Obtain the written consent of the collective economic organization to which it belongs; The borrower should have other long-term stable residence and no bad credit record.
legal ground
"Provisional Regulations on the Assignment and Transfer of the Right to Use State-owned Land in Cities and Towns" Article 32
Land use rights can be mortgaged.
thirtieth
When the land use right is mortgaged, the above-ground buildings and other attachments are mortgaged. At that time, the land use right within its scope of use will be mortgaged accordingly.
Article 34
When the land use right is mortgaged, the mortgagor and the mortgage contract shall not violate the laws and regulations of the state and the provisions on the transfer of the land use right.
Article 35
The land use right and the mortgage of buildings and other attachments on the ground shall be registered in accordance with the provisions.
Second, can I apply for a loan to build a house on the homestead?
No real estate license means that the loan has no collateral and the bank cannot provide loans. According to the law of our country, the homestead belongs to the farmers' collective, and the individual citizens have no ownership, only the right to use it. At the same time, according to Article 37 of the Guarantee Law of People's Republic of China (PRC), collectively owned land use rights such as cultivated land, homestead and hilly land shall not be mortgaged.
3. Can the rural real estate license be deducted in 2022?
In fact, rural houses can also apply for mortgage loans, but only if the applicant has the property rights and disposal rights of the house, and the property rights are clear. If * * * has a real estate, it needs to obtain the consent of * * and issue a certificate of consent to mortgage before it can apply for a mortgage loan.
In addition, the loan applicant must meet the application conditions of the lending institution. General loan applicant 18 years old or above, but not more than 65 years old. They have full capacity for civil conduct and have the economic income to repay the loan principal and interest.
Fourth, can rural homestead be loaned?
With the progress of the times, the pace of rural development in China is also very rapid. For example, the living standards of farmers have not only improved a lot, but also the overall income has increased a lot. However, if rural people want to open a shop or buy a house in the city, they will think about taking a rural house to get a loan. So, can rural homestead be loaned? Let's explore the answer together!
According to the law of our country, because the ownership of rural homestead and homestead belongs to village collective, farmers only have the right to use homestead and contracted land, and it is impossible to realize mortgage loan if they want to use contracted land or homestead. The reason for this is the following：
1. Farmers only have the right to use land and homestead, but have no ownership, so they cannot use homestead to realize mortgage loan.
2. Homestead land and houses belong to real estate, that is, to real estate. If you want to mortgage a loan with real estate, you must go through the registration formalities in advance before you can apply for mortgage. But in rural areas, there is no so-called real estate registration authority at all, so mortgage loans can never be done.
3. Banks generally do not accept mortgage loans for contracted land and houses in rural areas. Mainly, if banks accept loan projects for rural contracted land or rural housing, they need to bear great risks. However, China implements a policy of protecting farmers' interests, stipulating that rural homesteads or houses cannot be transferred to people or enterprises outside the village. If farmers borrow their own loans, banks will try their best to resell their houses when they can't pay back the loans, but the law clearly stipulates that such houses can only be sold to people inside the village collective, so banks have certain risks.
Editor's summary: The above introduces the relevant contents of rural homestead loans, hoping to give you some small help. If you need to know more about rural homestead, you can lock our website again, and more exciting content will be presented later!