There will inevitably be some difficulties in life, especially those who start their own businesses. When money is difficult, the first thing I think of is to go to the bank for a loan, but the bank loan can only be made by mortgage, so is there land in hand to lend?
Can land be loaned?
Land with land use certificate can be used for mortgage loan; Such loans are mortgage loans for mortgage of land use rights; General real estate developers use this method to borrow money. After purchasing the land, they use the land mortgage bank to make loans, and then use the funds for land development and construction, and repay the loans through the pre-sale of commercial housing.
Prerequisites for land loans
1. Land mortgage should be based on the registration of land use rights. The wasteland or land acquisition right or collective land use right registered by the county land management department can be mortgaged, but other types of collective land cannot be mortgaged.
2. The mortgage of the land use right of collective wasteland and collective land shall take effect after the signing of the contract with approval; Without the mortgage of the land use right by the relevant departments, it is not protected by law and cannot be treated as a mortgage loan.
Problems needing attention in land loan
1. If the land use right has been used for more than 20 years, the loan cannot be made;
2. The longest land loan term is 10 year;
3, the loan amount does not exceed 70% of the assessment;
4. The interest rates charged by major financial institutions are different;
5. The land used as collateral must hold a land use certificate;
6. The use of land loans in the name of others requires the consent of all;
7. Mortgaged land has liquidity;
8. The allocated land obtained free of charge cannot be mortgaged; Some institutions or towns collectively use urban land, but only the right to use it has no right to dispose of it, and it cannot be used as collateral for loans.
9, land mortgage loans, there are buildings on the land, buildings as collateral.
Before using the land mortgage loan, we must first understand the nature of the land and see if it can be mortgaged. We also need to hire a qualified evaluation agency to evaluate the land. The amount of bank loans is based on the estimated use value of the land.
Can land be mortgaged?
The land use certificate can be mortgaged. The land use certificate is a legal document to confirm the land use right. According to the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the state implements the land registration and certification system according to law. Land ownership and land use rights registered according to law are protected by law, and no unit or individual may infringe upon them. It can be seen that the land use certificate is a legal document to confirm the land use right in China. China's land is divided into peasant collective land and state-owned land, so the land use certificate also includes peasant collective land use certificate and state-owned land use certificate. The content of land registration and the style of land ownership certificate shall be uniformly stipulated by the land administrative department of the State Council. All data and figures in the certificate, such as unit name, scope, land quantity, location and land change, must be consistent with the land registration form. The attached drawings of the land use certificate can be obtained according to the current land use base map or cadastral map. With the change of area and boundary, the attached drawings should also change accordingly. \ Procedures \ Initial Land Registration \( 1) Apply for registration. Land users fill in the application for land registration at the Cadastral Unit of the Municipal Bureau of Land and Resources, and submit the applicant's ID card or household registration book, construction land permit, building permit, real estate license and other land ownership source documents. \(2) Cadastral survey. The Bureau of Land and Resources sent people to investigate on the spot, comprehensively verified the contents of the land registration application, calculated the parcel area and drew the parcel map. \(3) ownership review. The full-time staff of the Bureau of Land and Resources will review the nature of land ownership, the source of land use right ownership and the parcel area. \(4) Registration. Fill in the land registration card, land ownership certificate and land use certificate. \(5) Issue land certificates. The applicant shall obtain the land use certificate with his/her ID card and land use registration receipt. \ Change land registration (transfer) \( 1) Apply for change registration. If the land use right is transferred, both parties to the transfer shall fill in the transfer application, transfer contract and transfer registration form; If you inherit the house and obtain the land use right, you should provide a notarized inheritance letter and fill in the application form for land registration; If the ancestral home is a household, submit the household agreement or the application form of the head of household, and fill in the land registration application form; It is also necessary to submit the applicant's identity card or household registration book and the original land ownership source documents such as land certificate and real estate license. \\(2) Change the cadastral survey. Changes must be combined with the original package registration documents. If the parcel is partially changed, it is necessary to check the area and boundary points on the spot and redraw the parcel map; If all the parcels have changed and the boundaries have not changed, the boundary investigation may not be carried out, but the parcel map should be redrawn. \(3) Audit of change of ownership. The content is the same as the initial land registration. \(4) Registration and certificate renewal. Cancel the original land registration card, fill in a new land registration card and change the land ownership card. Withdraw and cancel the original land use certificate, and fill in and issue a new land use certificate. \( 1) Apply for mortgage registration of foldable land use right. The mortgagor and mortgagee shall apply for mortgage registration with the mortgage contract and loan contract within 15 days after the signing of the mortgage contract. Fill in the land mortgage registration application. And provide "state-owned land use certificate" or "collective land use certificate", identity card and other related materials. \\(2) Cadastral survey. The Bureau of Land and Resources sent people to conduct a cadastral survey on the newly set mortgage of land use rights. \(3) ownership review. Land registration personnel shall review the registered contents of mortgage setting. \(4) Registration. Those who meet the registration requirements after examination shall be registered on the original Land Registration Card. \(5) Issue certificates. The applicant obtains the certificate of other rights of land with his ID card and land registration receipt.
Can I get a loan with a land use certificate?
There are three kinds of bank loans: mortgage loans, credit loans, secured loans and discount loans. In mortgage loans, we often use our personal property for loans, such as cars and houses, so since the country began to implement land ownership, land can also be regarded as the private property of farmers. So can the land use certificate be loaned? What conditions do I need to meet before I can get a loan? Next, let's take a look at the specific situation of land use certificate loans.
There are two kinds of land in China, collectively owned by farmers and state-owned land, so there are also two kinds of land use certificates: collectively owned by farmers and state-owned land use certificates. Land use right is a kind of evidence that we legally own land, and it is also a kind of private property, so land use certificate can be used for loans. However, whether a loan can be made depends on the specific situation of the bank and the specific repayment ability of the loan applicant.
If it is a state-owned land use right certificate:
If it is a state-owned land use certificate, it is necessary to see clearly whether the nature of the land is allocated or allocated before lending. It is necessary to know that land that has obtained the right to use state-owned allocated land for free cannot be mortgaged. Only after completing the land transfer procedures, paying a certain land transfer fee and obtaining a land use certificate can you legally mortgage your land use right and obtain a bank loan. It should be noted that the allocation of land use rights as collateral requires the consent of the land management department at or above the county level. If the above conditions cannot be met, the mortgage of land use right is invalid.
The loan process of land use certificate loan is:
1. Because land use certificate loans are not available in all banks, the first step is to find a bank that can handle land mortgage loans.
2. When the land use certificate is used for loan, the collective land owner needs to agree and issue a written certificate, because the loan design amount is large, and if it is not a written certificate, the loan is invalid.
3. Before the land use right is mortgaged, the appraisal institution shall be invited to appraise the mortgaged land. Generally speaking, one of the bases for banks to determine the loan amount is the value of land use rights, so before lending, professional real estate appraisal agencies should be invited to evaluate the mortgaged land value.
4. After land evaluation, it is necessary to find a guarantee company, sign a guarantee and counter-guarantee contract with the guarantee company, and mortgage the land use certificate in the guarantee company.
5. You need to take the land appraisal report issued by the professional real estate appraisal agency to the land department for mortgage registration. After it is passed, the land department will issue you the Certificate of Other Rights of Land.
6. Take the Certificate of Other Rights of Land issued by the Ministry of Land and the guarantee of the guarantee company, apply to the bank for mortgage loan with land use certificate, and fill in the loan application form.
7. The bank shall review the materials submitted by the lender, and personally visit the mortgaged land to confirm the land evaluation results.
8. If the lender's loan application is approved, both parties will sign the mortgage contract and the maximum loan contract.
We already know how to borrow the land use certificate, so let's look at the materials needed for the loan, including the original and photocopy of the land certificate, the confirmation of the ownership of the land certificate, the land mortgage registration application form, the identity certificate of the lender and spouse, the mortgage loan contract (original), the price evaluation report (original), the land mortgage contract (original) and so on.
What should I pay attention to when using land use certificate loans?
1. Because the risks and fluctuations of agricultural operation are relatively large and the uncertainty is relatively large, the term of general land use certificate loans is relatively short. When using land use certificate loans, the loan term is less than the service life of property rights, in principle, not more than 3 years, but also 5- 10 years, but relatively few.
2. If you use a land use certificate loan, you must first ensure that you have no other debt problems, which is also to ensure repayment ability;
3. Conform to the local land policy.
Generally speaking, the amount of land loan in rural areas is generally between 50% and 80% of the value of attachments on the ground, and the regulations of each place and bank are different, depending on the actual situation.
Generally speaking, the land use right is the proof that we legally own the land, and it is also our private property, so the land use certificate can be used for loans. However, whether the loan can be granted depends on the specific situation of the bank and will also be affected by the repayment ability of the loan applicant. The above is my answer to whether the land use certificate can be loaned. I hope I can help you.
Can I get a loan to buy land?
Buying land requires collateral, such as real estate, other immovable property and high-value movable property.
Take real estate mortgage as an example:
procedure
1. The buyer and the seller sign the house sales contract, and stipulate the down payment, loan and final payment.
2. When the buyer and spouse apply for a loan from the bank, the seller and spouse shall be present to confirm.
3. The bank investigates and approves the loan application.
4. The buyer signs a loan and guarantee contract with the bank.
5. The seller transfers the property right of the house to the buyer, and the seller gets the down payment from the buyer.
6. The purchaser shall register the real estate mortgage with the bank (or other natural persons and legal persons shall provide phased guarantee for the purchaser).
7. The bank issues loans to the seller's account.
8. The buyer and the seller settle the house payment, and the seller obtains the final payment from the buyer.
9. The purchaser takes over the house and repays it on a monthly basis (in the case of installment guarantee, the purchaser and the bank will re-register the house mortgage).
Extended data:
Loan process
1. The borrower shall fill in the Application for Mortgage of Residential Houses before lending, and submit the following supporting materials issued by the bank: the borrower's fixed income certificate issued by the borrower's unit; Credit certification documents such as business license and legal person certificate of the loan guarantor.
Legal and valid identity certificate of the borrower; The relevant certificate of the ownership of the house or the certificate that I have the right to the house according to law; Appraisal report, appraisal report and insurance documents of mortgaged real estate; Contracts, agreements or other supporting documents for the purchase and construction of houses; Other documents or materials required by the lending bank.
2. The bank examines the borrower's loan application, purchase contract, agreement and related materials.
3. The borrower shall hand over the title certificate, insurance policy or securities of the collateral to the bank for safekeeping.
4. The borrower and the guarantor of both parties sign the housing mortgage loan contract and notarize it.
5. After the loan contract is signed and notarized, the bank's deposits and loans to the borrower are transferred to the selling unit or building unit specified in the purchase contract or agreement.
6 loan settlement, including normal settlement and early settlement.
① Normal settlement: the loan shall be settled on the loan maturity date (one-time repayment of principal and interest) or the last installment (installment repayment);
② Early settlement: Before the maturity date of the loan, the borrower must apply to the bank in advance for partial or full settlement of the loan according to the loan contract, and the bank will repay the loan at the designated accounting counter after it is approved.
After the loan is settled, the borrower will retrieve the legal documents and relevant supporting documents extracted by the bank with his valid identity certificate and the loan settlement certificate issued by the bank, and go through the mortgage registration cancellation formalities with the original mortgage registration department with the loan settlement certificate.