Legal Risk Prevention And Control Of The Pre-sale Commercial Housing Mortgage In Our Country

In the development process of the real estate market of our country, it gradually forms a pre-sale commercial housing mortgage system, which plays an important role in the development of China’s real estate market. On the one hand, the system makes it possible to buy a house by loaning, and solves the problem of property purchasers’ lacking of purchasing capital; on the other hand, a great deal of the capital of the commercial bank flows to the real estate industry, which provides plenty capital for real estate development, plays a positive role in maintaining the healthy development of the real estate market, and at the same time brings huge economic benefits to the commercial banks. In any country, the housing problem, which is related to national security and social stability and harmony, is an important livelihood issue. In our country, especially in recent years, the real estate market has got prosperous development and people’s housing loan enthusiasm has risen very high. In this process, through the issuance of housing loans, commercial banks have also made huge profits. However, the pre-sale commercial housing mortgage system is still not perfect in our country; the commercial banks obtain high profits, while at the same time face a higher risk. In order to reduce commercial banks’ risks in the commercial housing mortgage, this paper makes a research on the pre-sale commercial housing mortgage system, and puts forward some countermeasures of reducing these risks of commercial banks. Except the postscript, this paper is divided into the following four parts:The first part mainly discusses the characteristics and the nature of pre-sale commercial housing mortgage system in China. By contrast, the author believes that the pre-sale commercial housing mortgage is a compound form of assurance. The time the purchasers getting the ownership of commercial housing as the cut-off point, the time before it is mainly the credit guarantee and the time after it is the real mortgage guarantee.The second part is the comparative study of pre-sale commercial housing mortgage systems between China and the British American countries and Hong Kong, which analyses the differences between the two systems in order to continuously improve our pre-sale commercial housing mortgage system.The third part mainly discusses the main sources of the risks of commercial banks in the pre-sale commercial housing mortgage. These risks sources include:the developers’behaviors like "fake mortgage" and misappropriation of construction fond; the purchasers’ repayment ability decreasing and their speculative behavior; commercial housing’s quality defects and price fluctuation; commercial banks’ own problems.The fourth part mainly puts forward some countermeasures to prevent and control the risks of the commercial banks, which includes establishing a credit mechanism for property developers and buyers, improving the insurance mechanism of the pre-sale commercial housing mortgage and the commercial housing quality supervision mechanism, and strengthening the self-supervision mechanism of commercial banks.