Risk Prevention System On The Mortgage Loans Of Real Estate

In recent years, as China's housing system reform developing, on one hand, government taken low interest rates, positive individual housing credit policy. On the other hand, increase real estate developers credit policies and measures. All of these to promote the large scale development of system of the mortgage.In the mortgage system, developers, homeowners and bank PLC subject got the win-win situation. As a developer, providing mortgage becomes the important way of building promotion and as the bank it can reduce its loan risk. But mortgage system and the legal relation are very complex, and there are also many risks and shortcomings in operation. Mortgage loans was popular with banks, property developers and also the person that buy a house, It lies in our country legal adjusting mortgages aspects of the serious lack, only by existing guarantee system of regulating, make a mortgage behavior mortgage of the risks is not main parties, which also leads to practice balance the mortgage disputes emerge in endlessly, and judicial practice also exists serious not unified. It's not good for our country's market economy of the virtuous operation and development harmoniously. The author was based on the mainland legal system of commercial housing mortgage to analyze and have a comprehensive understanding of commodity house mortgage, combined with other countries and regions. Discussed theoretically that each particular aspects of mortgage system, and the reasonable and defects is put forward suggestions of a mortgage which based on the legal system in China. This essay points four chapters to explain it.Chapter one,The Introduction Section. In this section it is mainly to make a literature review of the background of article topic selection and the research situation at home and abroad and initially get to have a general understanding of mortgage study at home and abroad. Chapter Two,An Overview of the Basic Theory for Commodity House Mortgage System.The origin of mortgage system is analyzed, mainly discussing the development track of the mortgage in Britain and America. And from the point of comparison a comparative study was made about the mortgage at Hong Kong and the mainland. Meanwhile, my own opinion on the legal nature of the mortgage in our country was stated. The second half of this part is mainly analyzing and explaining all these legal relations within the Mortgage System of our country.Chapter Three,On the Source of Risks of Commodity House Mortgage System.From the perspectives of mortgagor, bank and developer, this part particularly analyzes and explains all risks under the extant system, including the risks of house purchasing contract, insurance and the realization of mortgaging rights.Chapter Four,On Legal Regulation of Risks of Commodity House Mortgage System.According to the existent risks of real estate mortgage system and the present situation of the insurance of real estate mortgage system, this part particularly analyzes all kinds of insurance of the mortgage system and the balance of each side's benefits in the insurance of mortgage system. And by analyzing those theories, this part also put up with some advices on the improvement of the insurance of real estate mortgage system. What's more, by using the trend of securitization of real estate mortgage system in foreign countries for reference, this part observes the present situation of securitization of real estate mortgage system in our country, and also put up with the countermeasures and options related to the promoting of securitization of real estate mortgage system in our country. In addition, we are convinced that the securitization of real estate mortgage system is definitely going to happen in China.