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此类案件的争议焦点是抵押农房是否属于违章建筑、抵押合同是否有效因银行工作人员缺乏房产专业鉴定知识,对许多房产特别是农房的部分违章和违建无法准确区分,导致抵押无效,使信贷资产风险加剧。案例2012年8月初,农户蔡某以自家农房与A银行签订了80万元的最高额抵押合同,并到当地房管局进行了抵押登记备案。同时,还追加了保证人郑某的保证,约定其对30万元借款本息承担连带保证还款责任。贷款到期后,农户蔡某不能按期还本付息。经多次催讨无果,A银行起诉至法院
The focus of disputes in such cases is whether the mortgage farmhouse is illegal construction, the effectiveness of the mortgage contract because of the lack of bank professional staff knowledge of real estate expertise, many of the real estate, especially part of illegal and illegal construction can not be accurately distinguished, resulting in invalid mortgage, The risk of credit assets is exacerbated. Case Early August 2012, farmer Cai with his own farmhouse and Bank A signed a maximum contract of 800000 yuan, and went to the local Housing Authority for the registration of the mortgage. At the same time, also added guarantor Zhengmou promised, agreed to its 300,000 yuan loan borne joint and several liability to ensure repayments. After the loan expires, farmers Cai can not repay the interest on schedule. After several unsuccessful discussions, Bank A sued the court