In The Pre-sale Real Estate Mortgage Banking Risk Prevention System

In nineteenth century, when the mortgage was practiced in the Britain for the first time, some scholars regarded it as "the steam engine of the Real Estate Financing Market of the day", through which we can understand the enormous importance that the mortgage system had exerted on the British society of that time. With China's reform and opening up to the outside world, the policy has witness the continuous growth of China's economy. As a result, the coastal area took the lead in introducing the mortgage system, which has become an important method of improving the people's living condition and solving the financing problem of the real estate market through years of practice. While enjoying the great benefits the mortgage system has brought us, we began to notice that the commercial banks are shouldering many kinds of risks, due to complicated legal relations involved in the practical mortgage procedure. Therefore, identifying, avoiding and reducing the risk has become the common challenges that banking sector and the legal profession should meet together.Since the pre-sale commercial housing mortgage system is rather complicated, the thesis only took the risk control of the commercial bank in the pre-sale commercial housing mortgage procedure as the research object. By adopting the structure of posing the problems, analyzing the factors and giving the solutions, the author discusses the general theory and concrete practice of the mortgage system in the hope of understanding the reasons that caused the risk and working out the way of risk control.The thesis consists of four parts excluding the prologue and epilogue.ChapterⅠ, an overview of mortgage system of pre-sale commercial housing in mainland China. The first chapter analyzes the meaning and characteristics of the mortgage system. ChapterⅡ, the practice of mortgage system of pre-sale commercial housing in mainland China. The second chapter introduces the practice and the various legal relations involved, in the hope of laying a solid foundation for the further discussion. ChapterⅢ, the controllable and uncontrollable loan risk of the bank in the mortgage practice. In this chapter, the thesis presents the factors that may lead to the loan risks. ChapterⅣ, the measure of risk control. In chapter four, the author discussed different methods to control, prevent, avoid or transfer the encountering risk.