Rural homestead cannot be mortgaged. Therefore, rural credit cooperatives can't use rural homestead as mortgage loan. Article 184 of the Property Law The following properties may not be mortgaged: (1) Land ownership; (2) The right to use collectively-owned land such as cultivated land, homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.

Second, can rural homestead be mortgaged?

First, China's current laws clearly stipulate that the right to use homestead cannot be mortgaged, so rural homestead cannot be loaned. Two. Conditions of mortgage loan for homestead 1. The lender has full capacity for civil conduct and has no bad credit record; 2. The ownership of the mortgaged house and the right to use the homestead are uncontroversial, and the ownership certificate issued by the relevant government departments according to law is not included in the scope of land acquisition; 3. The borrower shall have other long-term and stable residence besides the peasant housing used for mortgage and be able to provide relevant certification materials; 4. The collective economic organization where the lender is located agrees in writing to mortgage the right to use the homestead and dispose of it together with the farmers' housing; If the house of a farmer is mortgaged, the written consent of other farmers shall also be obtained. Three. Document 1. Valid identity documents, proof of residential address, proof of occupation, proof of income of myself and family members, proof of the right to use the homestead used for mortgage loans, and other materials stipulated by the bank, etc. 2. Fill in the written application form, submit the materials to the bank, and the competent department of the bank will issue the loan to the lender after passing the evaluation and review by the bank. The law stipulates that "People's Republic of China (PRC) Land Law" stipulates that "homestead, private plots and private hills are collectively owned by farmers". The Guarantee Law of People's Republic of China (PRC) stipulates that "collectively owned land use rights such as cultivated land, homestead, private plot and private plot shall not be mortgaged". The Law of People's Republic of China (PRC) on Land and Land Contract stipulates: "The land contractual management right obtained through household contract can be subcontracted, leased, exchanged, transferred or transferred by other means according to law. The mortgage of rural land contractual management right is limited to rural land such as barren hills and wasteland contracted by means of bidding, auction and public consultation. Only with the consent of the employer and the registration of land contractual management right certificate or forest right certificate according to law can the mortgage be established, and the land contractual management right that is not clearly obtained through household contract can be mortgaged. The Property Law of People's Republic of China (PRC) clearly stipulates that rural land contracted by other means is not allowed to be mortgaged, except for "four wasteland" and other rural land contracted by way of sale and public consultation.

Third, can rural homestead houses be mortgaged?

Legal analysis: it is indeed stipulated that the homestead cannot be mortgaged, but the house can apply for a mortgage loan. Because the house is an asset, and there is a lot of room for appreciation, and most banks have a soft spot for real estate, of course, not all real estate can be mortgaged. For example, if there is housing property right, the property right should be clear, there can be no other mortgage relationship, and the liquidity is strong.

Legal basis: Article 19 of the Property Law of People's Republic of China (PRC), the following properties may not be mortgaged: (1) Land ownership; (two) the right to use the homestead, except that it can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.

4. Can rural homestead certificate be used as mortgage loan?

Xx county people's government "rural homestead land use certificate"