Research On The Legal Issues Of Equity Of Forward House Mortgage Risks

From the business model of personal forward house mortgage which is now popular and becoming dominant, this article mainly reveals that there exists serious imbalance of interests risk among developers, banks and purchases under such a model, and its root is the inherent vice of the existing commercial house pre-sale system and other policies, legal and institutional factors. Exactly this high-benefit and low-risk business model of real estate developers, leads to the results that real estate quickly become a profiteering industry just as big profit with small capital or trading nothing for something, the real estate developers become the pace settler of social wealth nearly a decade, various social capital throng into the real estate market, and then promote land prices and house prices rising unceasingly, eventually those result in gradual formation of harm of the nation real estate market bubble risks. Therefore, this article divides into three parts. The first part introduces the origin, the legal nature and the legal relationship of the forward house mortgage pattern. The second part takes the risk sharing mechanism of forward house mortgage pattern as the breakthrough point, analyses the serious imbalance of rights and interests appears among developers, banks and individuals, and then reveals its reason and harm. The third part, drawing on the experience of the overseas related forward house mortgage risk balanced system, proposes the legal system that aims at consummating all quarters benefit risk balance of the forward house mortgage in our country, raises the risk awareness and the venture capital of developers, reduces the harm which the real estate bubble possibly generates from the system level.