对农房抵押贷款法律问题的思考

城市房屋抵押贷款早已推行,但农村房屋抵押贷款仍在艰难破冰,其中重要的原因在于现行法律的约束。农民将房屋进行抵押贷款,必然会涉及宅基地使用权的问题,根据我国相关法律规定宅基地使用权的流转是受限的。为解决农民融资难问题,各地相继出台政策法规,以实现农村产权直接向金融机构抵押贷款。本文以我国法律规定为依据,结合各地相关政策法规,分析农房抵押贷款中存在的法律问题,以期为建立完善农房抵押贷款机制提供思路和建议。

Legal Issues Concerning Rural Housing Mortgage Loan

Urban housing mortgage loan has long been practiced, while rural housing mortgage loan is still on the way to arduously break the ice. A major cause for this phenomenon is the restriction of the existing law. Urban housing mortgage loan involves the right to residential land use, the circulation of which is restricted according to relevant stipulations of our country. In order to tackle farmers’ diff iculties in obtaining loans, local governments have formulated policies and regulations one by one for farmers to be entitled to have their rural property mortgaged directly to financial organs. Based on national legal stipulations and in view of local policies and regulations, this article makes an analysis of legal problems in rural housing mortgage loan and offers suggestions on the establishment and improvement of a rural housing mortgage loan mechanism.