The Study Of Legal Prevention Of Credit Risk From False Mortgage Of Commercial Banks

In recent years, mortgage is widely accepted by the public as a housing consuming concept, but in practice because of aspects of the mortgage-related laws and regulations is not complete. There appears"false mortgage"in the name of the mortgage. The frequent occurrence of case of"false mortgage"is not only disrupts the real estate market, but also endangers the safety of bank credit funds, financial, economic and social stability and other adverse effects.Mortgage loans including the purchase of merchandise,loans,mortgages,guarantees,insurance and a series of civil legal act。As legal relations of real estate mortgage, it usually refers to banks, purchaser and development of enterprises."False mortgage"generally refers to the developer who is to fake the false home buyers or to gang up with the client who has no real intention to purchase and then to borrow the money from banks."False mortgage"is showing in many forms, usually there are two major forms of this. The first way is for the purpose of malicious fraud to take money from commercial banks. The second way is to circulate necessary funds to take money from the commercial banks. Occurrence of a large number of false mortgages would be result into real estate market a false prosperity, which misleading the government's macroeconomic control and leading to the bank a huge business risk, and also damaging personal reputation of the purchaser. At last which would be leading to the real estate companies In the face of corporate reputation is declining, and likely to face severe administrative punishment and criminal liability.At present our country doesn't sound and perfect the law and regulations related credit, aiming at the existing problems and the insufficiency. It is necessary to perfect the management system to prevent the false mortgage from the bank's internal management and external legal system construction. From the aspect of the bank's internal management system, to strengthen the senior executives control, perfect credit operation mechanism, establish the credit business audit supervision mechanism and create good credit information management system, etc.; From external legal system construction, focusing on explicit "false mortgage" relevant legal responsibility parties subject, establish and perfect the legal system, establishing social credit in mortgage business lawyers'liability system are mainly being discussed. The paper tries to analyze from several angles and aspects of "false mortgage" case, and to come up with feasible legal prevention measures and Suggestions so as to help commercial bank to prevent"false mortgage", improve the quality of loan assets.