The Research On The Legal Guard Of The Real Estate Mortgage In China

The real estate mortgage of the Mainland of China is introduced by Hong Kong, but it has a significant difference with Hong Kong and Common Law in the legal basis, rights and obligations and the types, which is a new form mortgage. In the practice of the real estate mortgage, the involved subjects including the main banks (mortgage owners), the buyers (the mortgagor) and the developer. During the process of the mortgage lending, the above subjects produce a variety of risk by a range of civil legal acts, such as the real estate transactions, loan, mortgage, guarantee and so on. Through the analysis, typical manifestations, causes and the legal supply of the real estate mortgage, can find the defect of the legal supply in the guard of the real estate mortgage.In order to develop the real estate mortgage market healthily, and prevent the legal risk of the real estate mortgage effectively, and make the interests and the legal risk of each subject in the real estate mortgage more balanced to, in the improving the legal system, can take several measures as follows:must clear legal nature of the real estate mortgage, the developers'responsibilities and each subject's rights and obligations in the mortgage loans, and enhance the penalties for the fake mortgage and violations mortgage, and effectively bring and standardize the securitization and the insurance industry of the commercial mortgage, establish the individual credit system and the real estate evaluation system and improvement of legal mortgage regulatory mechanism.