目前,设立在农村的农业银行营业所和农村信用合作社,为保障自己债权的实现,减轻风险,往往要求债务人用其住房抵押（除小额农业生产贷款和农民生活贷款外）。但是在司法实践中,这种做法因悖于法律规定而被认定无效,得不到法律的保护。从担保法的规定来看,抵押人所有的房屋和其它 Currently, agricultural bank offices and rural credit cooperatives established in the rural areas often require the debtors to use their housing mortgages (except for the small-scale agricultural production loans and peasant life loans) in order to guarantee the realization of their own claims and mitigate the risks. However, in judicial practice, this kind of practice is invalidated by the law and is not protected by law. From the provisions of the guarantee law, the mortgagor owned all the houses and others