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On The Legal Risk Prevention Mechanism Of The Bank's Forward Delivery Housing Mortgage Loans

Posted on:2008-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2189360245490640Subject:Law
Abstract/Summary:PDF Full Text Request
The legislation of the mortgage in our country is still in the initial stage and social credit system is imperfect. The financial means of prevention is relatively weak, and we are lack of management experience and information support. The author got the theme of On Banking Risks of Mortgage Loans and Legal Regulations, gave a detailed explanation in the forming of China's banking mortgage loan risks and combines with the successful international experience in guarding against the risks of mortgage loans.The author got into the etymology of mortgage and analyzed mortgage status of our country.The author combined the present conditions of the mortgage system with the analysis in the rights and interests of the banks in the mortgage loans providing. In this part, the author pointed out that the banks expose to several kinds of risks in the process of mortgage loans providing, and laid down the foundations for constructing the mortgage risk prevention system.The author pointed out that there are still some barriers in the law system for the resolution of the legal risks. Consequently, the author attempted to have further study on the construction of the mortgage law.The author interpreted some repurchase practices in the mortgage and the essence of the repurchase, and got the idea that the developers enjoy the obligation of repurchase.The author suggested that the building of the prevention system to the fake mortgage should be conducted from several aspects, such as completing the legal system, improving the concept of corporations and individualities.The author stated the target of Atrioventricular MBS which is based on the analysis of the liquidity risks of the mortgage and the present conditions of the mortgage in our country. The author also assumed that the role of the government in macro-control should be strengthening, and the legislature makes some amendment to concord the law system with securitization system. Furthermore, the formulations about legitimate investment status of the institutional investors should be laid down.The author made a study of a series risks may emerge from the banking mortgage, and carried on comparable study with the mortgage insurance at home and abroad. In this chapter, the author introduces some new measures in perfecting the system of real estate mortgage insurance. In conclusion, though the being built mortgage is now widely used, as a matter of fact, the mortgage system has never been really built up. Due to the lack of property rights transfer of the mortgage factor, in addition, mandatory under the law to achieve the mortgage is very limited. Thus the mortgage system which is carried on in our country is unable to fully play its role in protecting banks (mortgage owners). For have been engaging in personal real estate loan processing and management of many years of experience in the bank, the author connected with authoritative departments to conduct in-depth investigation and understanding and raised operational advice in the construction of mortgage risk prevention mechanism. Besides, it is necessary that the being built mortgage system should be completed and fully protect the mortgage right of the banks. Then can the banks make use of the relevant institutions and measures, and make claims to be the most adequate relief Thereby, the banks can effectively reduce and resolve its risks.
Keywords/Search Tags:forward delivery housing mortgage loans, risk, a risk prevention mechanism
PDF Full Text Request
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