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开办抵押贷款是防范贷款风险,提高信贷资产质量的有效途径。但如果订的抵押贷款合同不具备法律效力,贷款的安全性就得不到保证。实践中订立抵押贷款合同有以下“三忌”:一、切忌以所有权、使用权不明或者有争议的财产做抵押只有所有权、使用权属于抵押人的财产才能做为抵押物,订立抵押合同时,为了弄清抵押物的所有权或使用权归属,应依法到抵押物登记部门办理抵押物登记手续。如以土地使用权抵押的,应到核发土地使用权证书的土地管理部门进行登记;以房地产做抵押的,应到房地产管理部门进行登记;以企业的设备作抵押的,应到
Starting a mortgage loan is an effective way to prevent loan risks and improve the quality of credit assets. However, if the mortgage contract is not legally binding, the security of the loan can not be guaranteed. Practice in the establishment of the mortgage loan contract has the following “three avoidance”: First, avoid the ownership of the right to use unknown or controversial property mortgage only ownership, the right to use the property belonging to the mortgagor can be used as collateral to enter into a mortgage contract , In order to clarify the ownership of the collateral or the ownership of the ownership, the registration of collaterals shall be completed in accordance with the law. If the land use right is mortgaged, it shall be registered with the land administration department that issued the certificate of land use right; if it is mortgaged with real estate, it should be registered with the real estate management department; with the equipment of the enterprise as a mortgage, it should go to