The Real Problem In Our Real Estate Mortgage And Countermeasures

The real estate mortgage, is refers mortgages the person to the way which does not shift holds to the people of quality in estate mortgage to provide the debt by its legitimate real estate to fulfill the guarantee the behavior. The real estate mortgage took the debt the guarantee way one kind, friendly passes the fund in the people and settles down setting at industry center widely to use, the real estate because its security, the stability, guarantee the mortgage which, the increment characteristic and so on the value becomes generally uses. The real estate mortgage guarantee way in the real life middle for universal, the following dispute extremely are also many. Regarding mortgage hypothesis when produces many legal relationships as well as produce the corresponding legal consequence needs the present law to adjust, but our country correlation legislation also in sufficiently perfect, is operational is not strong. Therefore, this article appears in view of our country real estate mortgage in the difficult reality method question, in the comprehensive research related our country real estate mortgage present law and the elementary theory foundation, the realistic question which existed to our country real estate mortgage in has carried on the careful inspection and the analysis, discovered the question the reason, proposed the solution countermeasure.First, in view of transfers the question which on the land in the real estate mortgage exists, proposed our country appraisal organization and the registration of mortgage institution certainly must pay attention from the appraisal price belongs national all lands to sell the golden partial values deduction, in order to avoid the ultra value mortgage causes national the benefit to suffer injury; And transfers before the land employment right mortgage to have to pass through the authorization, is not firm after the examination and approval does not give the mortgage.Next, in view of in constructs the project mortgage existence to the person the cheat question, proposed prevented"sells","a female marries" the good means, the real estate control section and the bank must strengthen when constructs the project mortgage the information communication, all quarters strictly checks. Advance notification registration system center stipulated which in view of"Reality of laws", proposed the use modernization computer management method establishment layer upon layer firewall, protect the general consumers' legitimate rights and interest concrete operating procedure.Once more, in view of real estate mortgage in false phenomenon and soon appraisal, ultra value appraisal, pointed out must strengthen the real estate appraisal profession the profession autonomy, enlarges to real estate appraisal organization supervising and managing, must be strengthen the appraisal service to study again.Finally, the substantive examination and the registration institution which exists in view of our country real estate registration of mortgage in carries on the form examination the contradictory question, advocated our country real estate registration of mortgage should carry on the substantive examination, and undertakes the partial substantive examinations duty by the notarization institution, thus effectively melts our country real estate registration of mortgage institution the risk.