Sale Of Real Estate Loan Guarantees

Since 1990s, along with the thorough reform of our country's housing system, the flee housing system has become a part of the history, and the commodity building sales got a rapid developing. Facing to the risk of banks in the loan security on commodity building sales, the banks can take some protective measures to protect the creditor right. The loan guaranty is a legal system that assures the borrower to discharge the loan on the basis of the specified property of borrower or the third party or the credit of the third party. In order to transfer and disperse the risk, the banks demand the debtors to support all kinds of forms of guaranty. So the mortgage emerged, and it has become the first choice for the people who want to buy house. The way of guaranty not only includes the guaranty of property, but also takes in the joint duty of the real estate developing enterprise.The loan guaranty of commodity building sales have been growing rapidly in the mainland China, but because of many subjective and objective factors, a lot of problems of our existing loan guaranty need to be solved urgently. The legislation can't be exact because of the lack of feasibility of the law. We should establish identity between theory and practice.This thesis is composed of 4 parts, with 30,000 words.The rust part: makes a brief statement of relevant law concepts concemed with the loan guaranty on commodity building sales. At the same time, the author introduces the mortgage on commodity building. As a financing guaranty, mortgage was introduced into our country's inland from Hong Kong, since then it has been developing.The second part: introduction two categories of loan guaranty—guaranty of property and guaranty of person. The author focuses on the definition of its character by analyzing different views on mortgage's legal character, and demonstrates that mortgage is a new way of guaranty which is different from charge, hypothecate right and remising guaranty. Meanwhile, the author pay attention to the joint duty of the real estate developing enterprise, and how to protect the three parties involved in the transaction as well as how to calculate the interests of loan issued by the loaning bank.The third part: relates to the legal nature and effect to co-existence on guaranty of property and guaranty of person. The author makes a detailed study of legal natures and foundation about the loan guaranty on commodity building, and then probes into interested parties to balancing their interests in this system. The author analyses the relationship of rights and responsibilities between the sellers, buyers and the banks.The forth part: analyses existing problems and contributing factors of our country's loan guaranty on commodity building sales, and gives some detailed and constructive advice, including to further improve and specify the mortgage loan-related law and regulation, to amend and perfect the term and provision in the loan agreement, to strengthen the compliance supervision on the mortgage bank and the real estate developer, to construct appropriate mortgage loan-related insurance mechanism, and to try mortgage-backed securitization.