Nowadays, many people are in urgent need of money and will choose mortgage loan, which will get money faster. However, a mortgage loan needs a collateral, which can be a house, a car, land and so on. However, some people don't know what is the difference between housing mortgage and land mortgage. They are very different, so we must understand them in advance. Next, Xiaobian will tell you about what needs attention in mortgage loans.

what's the difference between house mortgage and land mortgage?

first, the collateral is different.

article 182 of the property law of the people's Republic of China is mortgaged by a building, and the right to use the construction land within the occupied area of the building shall be mortgaged together. Where the right to use construction land is mortgaged, the buildings on the land shall be mortgaged together. If the mortgagor fails to mortgage together in accordance with the provisions of the preceding paragraph, the unsecured property shall be deemed to be mortgaged together.

article 183 the right to use the construction land of township and village enterprises shall not be mortgaged separately. Where buildings such as factories of township and village enterprises are mortgaged, the right to use the construction land occupied by them shall be mortgaged together.

second, what is the principle of simultaneous mortgage of house ownership and land use right?

the principle of simultaneous mortgage of house ownership and land use right refers to the principle that house and land use right should be mortgaged at the same time when real estate is mortgaged. It is manifested in two aspects:

1. If the house on the state-owned land obtained according to law is mortgaged, the right to use the state-owned land within the occupied area of the house is mortgaged at the same time. The so-called land follows the house.

2. If the right to use state-owned land obtained by transfer is mortgaged, the houses on the state-owned land at the time of mortgage shall be mortgaged at the same time. The so-called house goes anywhere. The reason why the law makes this provision is that buildings leaving the land do not have legal independence and cannot independently constitute the subject matter of mortgage. Any house is built on land, and land is an essential part of the above-ground house. The house without land use right cannot exist independently in practice and cannot be transferred independently in law, so it must be followed by the house.

although the house is not an essential part of the land, the land itself can be transferred independently. however, if the land use right is allowed to be mortgaged separately and the ownership of the above-ground buildings is not mortgaged, the land use right may be inconsistent with the owner of the above-ground buildings, resulting in the conflict and friction of rights, which is not conducive to the orderly use of things and the stability of social order. In order to prevent this contradiction of inconsistent ownership, it is necessary to regard the house and the land as a whole, thus requiring the house to go anywhere.

what should I pay attention to in housing mortgage loan?

1. The mortgage of the house property needs to be the house property in the name of the borrower. If a third party has it, a statement that * * * someone agrees to the mortgage loan must be issued at the time of mortgage.

2. In the marriage certificate provided, if there is divorce, a divorce agreement or a court judgment is required; If you are single after divorce, you need to provide proof that you have not remarried after divorce.

third, it is necessary to clarify the purpose of the loan. Mortgage loans are generally used for decoration, study abroad, purchase of large household durable consumer goods and other consumer projects. If consumers use mortgage funds illegally, they may be recovered by banks, so consumers should pay attention to policy risks.

what's the difference between house mortgage and land mortgage? The difference between house mortgage and land mortgage is easy to understand, that is, the collateral is different, one is to use the house as collateral, the other is to use the land as collateral, and the amount of loans for different collateral is different. What should I pay attention to in mortgage loan? There are many details that need to be paid attention to in the mortgage loan. It is suggested that everyone must understand clearly when choosing a mortgage loan, so that their hungry interests will not be infringed.