Real Property Mortgage And Other Priority Conflict Rules

In this article, the author try to reveal the dilemma what the real estate mortgage people maybe encounter in current judicial environment: Priority legislation is too much, too complex, and the right boundary is not clear. Those might result in the priority power unlimited expansion. Substantially derogatory even totally engulfing the repayment possibility of the mortgagee. This paper summarized the real estate mortgage and other priority conflict rule types and effectiveness, combined with practical case analysis, we found that, the real estate mortgage and other priority conflict may lead to right derogatory value generally in between 61.79% to 100%. But in current conflict rules, there was no way to reduce the risk of loss. This article proved that, the real estate mortgage and other priority conflict rules have some irrationality, and take off some suggestions for legislation.