Houses and homesteads can be mortgaged together, and separate land cannot be mortgaged.
At present, a series of central documents stipulate that farmers' housing property rights can be mortgaged on a pilot basis, but mortgage loans for homestead houses are limited to pilot areas with relevant policies. Specific policies can refer to the "Interim Measures" for the pilot of farmers' housing property mortgage loans, in which the relevant provisions are as follows:
Article 2 The term "property right mortgage loan" as mentioned in these Measures refers to the loan granted by banking financial institutions (hereinafter referred to as lenders) to eligible borrowers with the right to use farmers' houses as collateral, with the principal and interest repaid within the agreed period.
Article 3 the NPC Standing Committee authorizes the State Council to temporarily adjust the pilot counties (cities, districts) for housing property mortgage loans in 232 pilot counties (cities, districts) and days (cities, districts) in Daxing District of Beijing.
Article 4 A borrower who applies for a loan by mortgage of farmers' housing ownership and homestead use right shall meet the following conditions at the same time:
(1) Having full capacity for civil conduct and no bad credit record;
(2) There is no dispute over the ownership of the mortgaged house and the right to use the homestead, and it has the ownership certificate issued by the relevant government departments according to law, which is not included in the scope of land acquisition;
(3) The borrower should have other long-term and stable residences except the peasant houses used for mortgage, and can provide relevant certification materials;
(four) the collective economic organization where it belongs agrees in writing that the right to use the homestead belongs to the farmers.
With * * * farmers housing mortgage, should also obtain the written consent of other * * *.
Second, I would like to ask about the rural homestead in Daxing District, Beijing. Can the house be mortgaged?
Recently, the People's Bank of China, the China Insurance Regulatory Commission, the Ministry of Finance, the China Banking Regulatory Commission, the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development jointly issued the Interim Measures for the Pilot Project of Mortgage Loan for Farmers' Housing Property Rights. Farmers' collective accounts can be used as mortgage loans, and farmers' mortgage loans have won the spring. Description of mortgage loan: under the premise of not changing the nature of homestead ownership, apply for a loan from a banking institution with the right to use the homestead occupied by farmers and the ownership of the house as collateral, and repay the principal and interest in equal amount. Conditions of the borrower: 1 with full capacity for civil conduct; ② No bad credit record; 3. There is no dispute over the right to use and ownership of the homestead to be mortgaged; It has the ownership certificate issued by the relevant government departments and is not included in the scope of land acquisition; Except the mortgaged house, the borrower has a stable address and must provide relevant materials as required; The collective organization where the borrower is located shall agree in writing that the right to use the homestead shall be mortgaged and disposed of together with the farmer's house. 6 collective farmers housing mortgage, need to find other people to provide written consent. The following is the list of pilot counties (cities, districts) for mortgage loans: Yicheng City, Hubei Province, Jiangxia District, Wuhan City, Helinger County, Inner Mongolia, Yuci District, Jinzhong City, Lindian County, founder county, Dumeng County, Wujin District, Changzhou City, Jiangsu Province, Yizheng City, Sihong County, Yueqing City, Zhejiang Province, qingtian county City, Yiwu City, Ruian City and Jinzhai County, Anhui Province.
3. Can a rural hukou in Beijing be mortgaged with a homestead and can it be loaned in a bank?
Rural private homestead cannot be mortgaged to banks, which is prohibited by the Guarantee Law.
Article 34 The following properties may be mortgaged:
(1) Houses and other things fixed on the ground owned by the mortgagor;
(2) Machines, means of transport and other property owned by the mortgagor;
(three) the right to use state-owned land, houses and other fixed objects on the ground that the mortgagor has the right to dispose of according to law;
(4) State-owned machinery, vehicles and other property that the mortgagor has the right to dispose of according to law;
(five) the land use right of barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer;
(six) other property that can be mortgaged according to law.
Article 37 The following properties shall 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 as provided for in Item 5 of Article 34 and Paragraph 3 of Article 36 of this Law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, 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;
(six) other property that may not be mortgaged according to law.