The state-owned land use certificate cannot be mortgaged in the bank, because the state-owned land use certificate is only an administrative license, not a title certificate. Individuals in state-owned land only have the right to use it, and cannot represent individual property rights. Only property rights on state-owned land are personal property rights. Real estate registration certificate is a combination of land use certificate and real estate license, and it also contains property rights, so a simple land use certificate cannot be mortgaged.
Second, can the rural land contractual management right certificate be loaned?
Legal analysis: rural land contractual management right certificate can be used for loans, but it must meet the following conditions: not all land contractual management rights can be mortgaged, only land that meets the following conditions can be mortgaged: (1) It can only be used for contracting rural land such as barren hills, gullies, barren hills and barren beaches that are not suitable for family contracting; (two) through bidding, auction, public consultation and other ways to contract the above-mentioned rural land, and has registered and obtained the land contractual management right certificate or forest right certificate according to law; (3) With the consent of the employing unit. Beyond the above scope, for example, the mortgage of the land contractual management right of contracted farmland is invalid and cannot be supported. Legal basis: Article 9 of People's Republic of China (PRC) Rural Land Contract Law states that after contracting land, the contractor shall have the right to contract and operate the land, and may also retain the right to contract the land and transfer the right to operate the land contracted by others. Article 10 The State protects contractors from legally, voluntarily and with compensation transferring land management rights, and protects the legitimate rights and interests of land management rights holders, and no organization or individual may infringe upon them.
3. Can the rural land contractual management right certificate be mortgaged?
You can borrow money;
The mortgage loan of rural land contractual management right refers to the loan business that the borrower applies to the Agricultural Bank with the rural land contractual management right and the ground attachments as collateral without changing the nature of land ownership and contractual rights and the agricultural use of rural land.
The object of mortgage loan for rural land contractual management right is agricultural business entities such as large professional households, family farms, farmers' cooperatives, agricultural enterprises and family contracted farmers who rely on rural land for agricultural production and management.
In addition to meeting the basic conditions of the Agricultural Bank's credit system and personal credit products, the loan applicant shall also meet the following conditions:
(1) It has rich experience and technology in planting and breeding, in which it has been engaged in agricultural planting production and operation for more than 2 years and aquaculture production and operation for more than 3 years.
(2) The proportion of self-owned funds engaged in agricultural production and operation projects shall not be less than 30%.
(3) Field crop planting. The planting area of rice, wheat, corn, soybean and other food crops shall not be less than 100 mu, and the annual return area shall not be less than 50 mu; The planting area of cash crops such as cotton, vegetables and lotus root is not less than 50 mu.
(4) Aquaculture. The intensive culture area of fish ponds and cages is not less than 50 mu, and the free-range culture area of lakes and reservoirs is not less than 500 mu.
(5) Facility agriculture and characteristic agriculture. Take greenhouses and other facilities for agricultural production and management, and engage in characteristic agriculture such as fruits, flowers, seedlings and ginseng, with a planting or breeding area of not less than 5 mu.
(six) to obtain the contracted management right of rural land for agricultural production and operation by household contract, the access conditions for planting or breeding area can be 50% of the standards in the third to fifth paragraphs above.
4. Can the rural land contractual management right certificate be mortgaged?
You can borrow money;
The nature of mortgage right and contracting right of rural land contractual management right will not change the loan business that rural land contractual management right and ground attachments apply to Agricultural Bank as collateral.
The object of mortgage loan for rural land contractual management right is agricultural business entities such as large professional households, family farms, farmers' cooperatives, agricultural enterprises and family contracted farmers who rely on rural land for agricultural production and management.
In addition to meeting the basic conditions of agricultural bank products, loan applicants should also meet the following conditions:
(a) is relatively technical, in which engaged in agricultural planting production and operation time of not less than 2 years, from.
(2) The proportion of self-owned funds engaged in agricultural production and operation projects is not low.
(3) Field crop planting. Rice, wheat, corn, soybean 100 mu or less, and the annual double cropping area is not less than 50 mu; No less than 50 mu of cotton and vegetables.
(4) Aquaculture. The intensive culture area of fish ponds and cages is not less than 50 mu, and the free-range culture area of lakes and reservoirs is not less than 500 mu.
(5) Facility agriculture and characteristic agriculture. With greenhouses and other facilities, engage in forest fruit and flower seedlings, with an area of not less than 5 mu.
(six) to obtain the contracted management right of rural land by household contract, and the agricultural access conditions can be 50% of the standards in the third to fifth paragraphs above.