First, the new policy of homestead loan mortgage:

1. Give the "two rights" mortgage financing function, safeguard, realize and develop farmers' land rights and interests, implement the "two rights" mortgage financing function, and revitalize the property attributes of farmers' land usufructuary rights;

2. Promote the innovation of rural financial products and services, and increase innovation support in terms of loan interest rate, term, quota, guarantee and risk control;

3. Establish a collateral disposal mechanism, allow financial institutions to dispose of collateral in various ways according to law and improve collateral disposal measures under the premise of protecting farmers' contracting rights and basic housing rights;

4. Improve the supporting measures. Pilot areas should accelerate the registration and certification of rural land contractual management rights, homestead use rights and farmers' housing ownership, establish and improve rural land property rights trading platform, and establish and improve rural credit system;

5. Increase support and coordination, and increase support and coordination in monetary policy, fiscal policy, regulatory policy and insurance protection.

Second, the difference between housing base certificate and real estate license:

1. The real estate license is the certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to possess, use, benefit and dispose of the purchased house according to law. Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, the real estate license is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

2. Homestead certificate is the premise of real estate license. Homestead is allowed to build houses, but you need to apply before building houses. After approval, you can apply for real estate license with homestead certificate and quasi-building certificate.

3. The homestead certificate cannot be transferred, but the real estate license can. According to national laws, the homestead cannot be listed and traded, so the homestead certificate cannot be transferred. Moreover, real estate can be traded in the market, so the real estate license can be transferred.

Three, the state-owned land homestead transfer tax:

1. Pay 5% business tax according to the difference between the transfer price and the purchase price.

2. Pay 7% urban construction tax and 3% education surcharge according to the paid business tax.

3. Stamp duty and deed tax (both parties):

4. Land value-added tax (transferor).

Legal basis: Article 10 of the Constitution of People's Republic of China (PRC) states that urban land belongs to the state. Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are also collectively owned. In order to meet the needs of public interests, the state may, in accordance with the law, expropriate or requisition land and make compensation. No organization or individual may occupy, trade or illegally transfer land in other forms. Land use rights can be transferred in accordance with the provisions of the law. All organizations and individuals that use land must make rational use of land.

The latest policy of real estate mortgage interest rate 2022

First, the mortgage bank loan interest rate

At present, the benchmark interest rate implemented by banks is: the interest rate of loans for less than one year (including one year) is 4.35%; The interest rate for one year to five years (including five years) is 4.75%; More than five years is 4.90%.

Housing mortgage loan down payment ratio:

1, the first suite: the down payment for the first commercial house (70-year property right) is 20% (20%) of the total purchase price or the appraised value (whichever is lower); The down payment for commercial real estate (40-year or 50-year products) is 50% (50%) of the total purchase price or the appraised value (whichever is lower).

2. Second home: the down payment ratio of the second home loan is 40% of the total purchase price or the assessed value (whichever is lower).

3, the purchase of third and above housing, the bank does not accept the third home mortgage loans.

Two, housing mortgage bank loans need to meet the following conditions:

1. Requirements for mortgaged houses:

(1) The property right of the house is clear, it meets the listing and trading conditions stipulated by the state, and it can enter the real estate market without mortgage;

② The sum of the house age (from the date of house completion) and the loan period cannot exceed 40 years;

(3) Mortgaged houses are not included in the urban reconstruction plan, and there are real estate licenses and land certificates.

2. Requirements for the borrower:

In addition to having a fixed residence, a fixed residence (or valid certificate) in a local town and full capacity for civil conduct, the following conditions must be met:

(1) Having a legal and stable source of income and the ability to repay the principal and interest of the loan on schedule;

② No illegal acts and bad credit records;

(3) It can provide legal and effective real estate as mortgage guarantee or a third-party guarantee with compensatory ability;

(4) Other conditions stipulated by the bank.

Third, the real estate mortgage loan process:

1. The borrower opens a current deposit account in the bank;

2. Information required for preparing the loan;

3. Sign the bank face to face;

4. Bank filing and approval;

5. After approval by the bank, notify the borrower of the approval result and sign a loan contract with the borrower;

6. Go to the Construction Committee for mortgage registration;

7. The Project Construction Committee issues his right certificate;

8. Handle insurance, notarization and other procedures as appropriate;

9. The bank directly transfers the loan to the account agreed in the contract;

10. The borrower repays the loan principal and interest according to the loan contract.

"Measures for the Administration of Urban Real Estate Mortgage" Article 30 Within 30 days from the date of signing the real estate mortgage contract, the mortgage parties shall go through the real estate mortgage registration at the real estate management department where the real estate is located.

Thirty-first real estate mortgage contract shall take effect from the date of mortgage registration.

At present, mortgage loan is the loan method chosen by many people. The lender of mortgage loan must have a stable income and a good credit record. Generally speaking, the interest rate of mortgage loan varies according to the length of the loan. The interest rate for more than five years is 4.9%, and the interest rate for less than five years is relatively low.

The latest policy of Xi 'an real estate mortgage loan.

1. Real estate has certain market value. 2. The location of the property is superior, such as in the city center, the school district of high-quality schools, and around large shopping centers. 3. The age of the building does not exceed the limit. Generally, the term of a first-hand mortgage loan cannot exceed 30 years, and the term of a second-hand mortgage loan cannot exceed 25 years. 4. The property area is appropriate, the minimum area shall not be less than 50 square meters, and the best area is about 90 to 130 square meters, and there is no property right dispute.

legal ground

Real estate management law

Article 47 The mortgage of real estate refers to the act that the mortgagor provides the mortgagee with debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law.

Forty-eighth legally acquired housing ownership and land use rights within the scope of occupation can be mortgaged.

The land use right obtained by means of transfer can be mortgaged.

Forty-ninth real estate mortgage should be handled with the certificate of land use right and the certificate of house ownership.

Fiftieth real estate mortgage, the mortgagor and the mortgagee shall sign a written mortgage contract.

Article 51 The right to use the land mortgaged by real estate shall be obtained by allocation. After the real estate is auctioned according to law, the mortgagee shall be paid an amount equivalent to the payable land use right transfer fee from the auction price.

Article 52 After the signing of the real estate mortgage contract, the newly-built houses on the land do not belong to the mortgaged property. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no right to be compensated in priority for the proceeds from the auction of the new houses.

What is the new mortgage policy?

Legal analysis: the down payment ratio of the first home provident fund loan in China is 20%, and the down payment ratio of commercial loans is 30%. The minimum down payment ratio of 2 suites is adjusted to not less than 40%, that is, 40%. Sales of ordinary houses for more than 2 years (including 2 years) shall be exempted from business tax. For 1 housing families who have settled the corresponding housing loans, in order to improve their living conditions, financial institutions will apply for commercial housing loans again, and financial institutions will implement the first housing loan policy. Under normal circumstances, the housing loan can reach 70% of the housing appraisal price, but it is worth noting that the housing appraisal price is lower than the market price.

Housing loan, also known as housing mortgage loan, is an application form for housing mortgage loan, ID card, income certificate, housing sales contract, guarantee and other legal documents filled out by the buyer to the loan bank. , must be submitted. After passing the examination, the loan bank promises the loan to the buyer, and handles the real estate mortgage registration and notarization according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the sales unit within the time limit stipulated in the contract.

Legal basis: Article 60 of People's Republic of China (PRC) Urban Real Estate Management Law shall apply to the land administration department of the local people's government at or above the county level for registration if the land use right is obtained by allocation or allocation, which shall be verified by the land administration department of the local people's government at or above the county level, and the land use right certificate shall be issued by the people's government at the same level.

If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house. When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.

If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.

Can rural homestead be mortgaged? How is the mortgage policy of new rural homestead stipulated?

Can rural homestead be mortgaged? The State Council issued "Guiding Opinions on Launching the Pilot Project of Rural Contracted Land Management Right and Mortgage Loan for Farmers' Housing Property Rights" (hereinafter referred to as "Opinions"). The Opinions put forward five new policies for the mortgage loan of rural residential land in the pilot project: 1, giving the mortgage financing function of "two rights", safeguarding, realizing and developing farmers' land rights and interests, implementing the mortgage financing function of "two rights" and revitalizing the property attribute of farmers' land usufructuary rights; 2. Promote the innovation of rural financial products and services, and increase innovation support in terms of loan interest rate, term, quota, guarantee and risk control; 3. Establish a collateral disposal mechanism, allow financial institutions to dispose of collateral in various ways according to law and improve collateral disposal measures under the premise of protecting farmers' contracting rights and basic housing rights; 4. Improve the supporting measures. Pilot areas should speed up the registration and certification of rural land contractual management rights, homestead use rights and farmers' housing ownership, establish and improve the rural land property rights trading platform, and establish and improve the rural credit system; 5, increase support and coordination, in terms of monetary policy, fiscal policy, regulatory policy, insurance protection, etc. , increase support and coordination.