Research On The Guarantee Responsibility Of Real Estate Company In Mortgage Loan

Under the current conditions of housing purchase in our country,the use of mortgage loans to buy houses has become one of the most common ways for individuals to buy houses.However,the current legislation of our country does not make special provisions on the concept and attributes of mortgage loans.The theme of this paper is to study the guarantee responsibility of real estate companies in mortgage loans by combing the multiple legal relations in mortgage loans.This paper analyzes the particularity of the guarantee responsibility of the real estate company,the special rules in the process of undertaking the guarantee responsibility,and the attribute and effect of the house repurchase clause.In order to combine the business operation with the legal rules in practice,in order to make a modest contribution to the unification of the rules of judicial decision in practice.The main body of this paper is divided into four parts.The first part,analyzes the legal relationship of guarantee in mortgage loans,and briefly expounds the application of mortgage system in the United Kingdom and the development after it was introduced into our country.This paper puts forward that mortgage loan is a special system which integrates the contract relationship of house sale and purchase,the relationship of loan exposure and the relationship of guarantee,andcombines the two different transaction structures existing in practice at the same time.This paper analyzes the rules for the establishment of the guarantor status of real estate companies in mortgage loans.The second part,combs the important rules of the guarantee liability in the general sense of the guarantee Law of our country,and puts forward the particularity of the guarantee responsibility of the real estate company in the mortgage loan.The third part,through the application of the debtor's non-performance debt in the mortgage loan guarantee,the handling rules of the real estate company's guarantee responsibility and the house mortgage and the security deposit,as well as the exemption of the real estate company's guarantee liability,and so on.This paper analyzes the special rules in the process of undertaking the guarantee responsibility of the real estate company.The fourth part,analyzes and demonstrates the property of house repurchase in mortgage loan,analyzes the legal nature of house repurchase clause through theory and practice,and discusses the validity of house repurchase clause.