| In recent years, People's enthusiasm for purchasing house is going up because of the booming of the real estate market and the rising house price. As a financing tool, Real estate mortgage has a great impact on the real estate development. However, many false mortgage cases have occurred. It means a great threat to bank loans, at the same time it is claimed a direct impact on the socio-economic stability and financial market stability and development. Therefore, it is imperative to improve the effective protection of the relevant legislation, and then make sure the security of lending bank mortgage debt .This paper uses the comparative method and absorbs the successful experience of Hong Kong combined with China's mortgage real, raising some legal opinion and hoping make some benefit to the protection of bank debt.This paper includes three parts .They are the introduction, the body and the conclusion.Through a "fake mortgage", the introduction indicates the phenomenon which appears in case of legal problems, then analyzes the causes and the lack of legal regulation, paving the way for next analysis.The part of body is divided into four chapters. The first chapter gives an overview of relevant issues of the mortgage system and the legal protection of creditor banks. It introduces the house mortgage, "fake mortgage" and the theoretical problems of bank claims and describes the legal significance of the protection of future housing mortgage loans in bank debt.The second chapter analyzes the legal reason of the current "fake mortgage". This chapter points out the deficiency at the legal aspect by introducing the current situation of legislation in china and the procedures of future housing mortgage combined with the cases. The problems of the legal aspect are as follows. First, "security law" can not effectively protect the realization of bank debt; second there is the deficiency in the contracts identify of "fake mortgage"; third, there are defectives in the review of Houses Sold registration form; fourth, criminal law protection is weak. This chapter mentions the lack of intermediary services to the responsibilities of the public and our lack of credit information. The third chapter is based on the analysis of the causes of the problem of targeted recommendations for improvement the earlier of the "fake mortgage" loan. The earlier introduction of foreign and Hong Kong can learn from the success of our experience and put forward proposals for protecting the bank claims and ideas. First, the legislation need to be clearly the independent effect of the mortgage loan contract so that in the event of disputes so that the legal basis for banks to safeguard their rights; Secondly, the basis of false mortgage is generally dominated by developers, and developer's economic strength is also stronger than the name of the borrower the people at the way accountability can learn from the "Company Law" in "piercing the corporate veil" of the principle of responsibility by the developer in order to better protect the bank's claims; again, should the housing mortgage loan guarantees law amendment; fourth is in the "Urban Real Estate Management Law" introduced by the professional body supervising prepayments initiatives; fifth in criminal law can be given "fake mortgage" to be criminal penalties. Then primarily on the protection of bank debt should be improved in a number of supporting systems, such as the transformation of commercial housing pre-sale filing system, improve the real estate agency industry self-regulatory system, improve the legal representative system, establishing personal and business credit system, the establishment of developers and mortgage loans isolation mechanism, hoping to improve these related coordinating measures to put an end to "fake mortgage" problem, the effective protection of bank debt.The part of conclusion summarizes the process of writing, pointing out the inadequacies of this paper and the future endeavors. |
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