It is understood that after the founding of New China, China has been implementing collective ownership of rural land, and a farmer is only allowed to own a homestead, and is not allowed to buy, sell or transfer it.
According to the constitution, the land in rural and suburban areas belongs to the collective, except that it belongs to the state according to the law, and the homestead and private plots also belong to the collective. The Land Management Law also stipulates that a rural villager can only own one homestead. Although the Guarantee Law stipulates that the above-ground objects such as houses owned by the mortgagor can be mortgaged, it also stipulates that collectively owned land use rights such as cultivated land and homestead cannot be mortgaged.
This means that it is illegal for a farmer to own more than two homesteads. Farmers' homestead can only be built by themselves, and may not be transferred, sold, transferred or mortgaged.
Therefore, although it is effective for farmers to mortgage the houses on the homestead, the effectiveness of the mortgage cannot reach the right to use the homestead within the scope of housing occupation. Once the debtor can't pay off the debt, the creditor can only give priority to the building materials of the mortgaged house as movable property. After the house was demolished, the debt was repaid with building materials, which undoubtedly greatly reduced the value of the house. Therefore, creditors such as financial institutions are generally unwilling to accept the mortgage of rural houses by borrowers.
This makes it difficult for farmers to use their own houses as collateral when they borrow money from banks, and many farmers have no other collateral. Therefore, it is difficult for farmers to borrow money from banks at present.
Innovative mortgage loan methods
Because there are still policy obstacles in rural land contractual management right and mortgage guarantee of homestead use right, farmers generally lack effective collateral, which is an important factor restricting rural credit growth and rural financial development.
As early as 2006, some representatives put forward suggestions on the complete property right management of rural homestead. At present, there is no complete property right of homestead in China. If farmers have complete property rights of the right to use the homestead, they can improve their understanding of the value of the homestead assets, promote the circulation of rural homesteads and save land resources.
In addition, some deputies and members believe that the right to use the homestead is the basis for farmers to settle down. Once farmers lose their land and houses, they can't survive in the countryside. Prohibiting the transfer and mortgage of rural homestead, prohibiting urban residents from buying houses in rural areas, and allowing farmers to keep their houses are the needs of maintaining a harmonious and stable social order, as well as being responsible for farmers and ensuring their basic right to subsistence. However, Ren believes that although there are some difficulties and obstacles, the relevant departments should actively find ways to maintain rural harmony and stability, help farmers' homesteads to circulate in an orderly manner and create value.
Zang, director of the supervision department of cooperative financial institutions of the China Banking Regulatory Commission, said that in recent years, in order to meet the requirements of rural financial needs, the China Banking Regulatory Commission has actively guided banking financial institutions to carry out financial innovation on the basis of continuing to promote the development of micro-credit loans and joint guarantee loans for farmers without mortgage guarantee, exploring the expansion of the scope of property that can be used for loan guarantee and developing credit products in various forms of guarantee.
Zang said that the CBRC will further improve the level of rural financial services of small and medium-sized financial institutions, solidly organize and carry out the three-year work arrangement of new rural financial institutions nationwide, accelerate the pace of cultivating new rural financial institutions, urge and guide rural small and medium-sized financial institutions, especially rural cooperative financial institutions, to continue to increase the proportion of agricultural loans and micro-loans, and intensify efforts to solve blank township financial services. Further play the role of large banks in supporting agriculture by credit, promote the innovation of rural financial products and services, and actively explore the cooperation between banks and insurance companies in rural areas.
To this end, the CBRC clearly pointed out that all kinds of assets that are not prohibited by laws and regulations, with clear ownership and reasonable value evaluation can be allowed as loan collateral; In conjunction with the People's Bank of China, we will carry out pilot innovation in rural financial services, and strive to promote the methods of mortgage (pledge) of accounts receivable, warehouse receipts, forest rights and fishing rights. At the same time, the CBRC also actively promotes governments at all levels to set up guarantee funds or guarantee institutions with appropriate financial contributions and the participation of relevant market entities to provide guarantees for corporate loan financing. At present, many people in our country can borrow money from banks with their own assets, while farmers with lower incomes cannot borrow money from banks because they have no collateral.
Some experts believe that "these provisions of the law actually block the way for farmers to use real estate to mortgage financing to banks, which directly affects farmers' entrepreneurship and wealth. "
In this context, since 2006, all counties and cities in Wenzhou have started the business of rural housing mortgage loan, making it an important credit way to support the construction of new countryside and make farmers rich and well-off.
However, after the implementation of the property law, the rural housing mortgage loan business in Wenzhou was in trouble. In order to dispel doubts, standardize management, and further stimulate the enthusiasm of financial support for new rural construction, as early as June 5438+1October 8, 2009, Wenzhou Municipal Government held a special meeting to coordinate and continue the pilot work of rural housing mortgage loans, and formed minutes of the meeting and distributed them to cities and counties.
The establishment of Wenzhou rural housing mortgage loan not only effectively broke through the bottleneck of farmers' mortgage guarantee, but also revitalized farmers' fixed assets, stimulated farmers' entrepreneurial enthusiasm, and correspondingly enhanced the confidence of banks in increasing farmers' loans.
There are different understandings about whether the rural mortgage loan is illegal. Some insiders believe that the country has never had a law prohibiting farmers from mortgaging and buying and selling their houses. The guarantee law stipulates that the land use right of rural homestead shall not be mortgaged. Although the farmer's house is built on the homestead, this house has become a hybrid, and it has become the property of farmers. The "Guarantee Law" also stipulates: "All houses and other fixed objects on the ground owned by the mortgagor can be mortgaged." Therefore, farmers should be allowed to mortgage and transfer their own houses. Liu Xiaodong, vice president of Dongguan Rural Commercial Bank, said that according to the regulations, the homestead cannot be used for mortgage loans, and the rural commercial bank, by cooperating with the guarantee company, found another way to activate the "dead money" similar to the homestead. Liu Xiaodong said that rural commercial banks plan to issue 2 billion yuan of "housing for the aged" loans this year.
Liu Xiaodong revealed that before the promulgation of the Property Law, Dongguan Rural Commercial Bank had made mortgage financing loans of about 654.38+06 billion yuan. Since then, due to the restrictions of the Property Law, banks have basically done nothing in mortgage financing of homestead.
It is understood that the credit line of home loan is as high as150,000 yuan, and the guarantee method is flexible. The borrower owns a certain homestead property and does not need to apply for real estate title certificate or mortgage registration. No margin is required, and the lowest interest rate can be lowered 10%.