Research On The Risk Of The Bank In The Mortgage Contract And The Countermeasures

In recent years,with the rapid development of economy,the steady improvement of urbanization,the rapid increase of population flow and other factors,China’s real estate industry is changing with each passing day,more and more groups have the demand to buy commercial housing.In the process of promoting the transaction of commercial housing,the mortgage business of commercial banks plays an important role.The mortgage loan business not only helps the general public to live in a certain place,but also helps the real estate industry to break the dilemma of capital source and capital flow,thus being recognized and widely used.However,in the process of mortgage business,there are still many risks,and a lot of disputes in practice,which arouse the attention and research of scholars.There are not a few articles on the prevention and control of mortgage loan risk,but this paper is from the perspective of the bank to study the legal risks and prevention and control measures in the mortgage loan contract.Based on the judicial practice,this paper starts with a case of dispute between a branch of Bank of China and a mortgage contract of Yan,and searches and sorts out the relevant cases of the focus of the case dispute.Through the type analysis,it puts forward the risks and problems that banks generally face in the mortgage contract,and actively seeks solutions.This paper consists of four parts.The first part is the introduction,which introduces the research background and significance,the research status at home and abroad,as well as the main research content and research methods.In the second part,the author takes a bank mortgage dispute case as an example to search the dispute focus of the case,summarizes the judgment opinions of different courts on the dispute focus,and leads to the common problems and risk points in the mortgage business of banks.In the third part,through the analysis of the legal relationship of the mortgage contract,the author studies the exercise of the borrower’s right to terminate the mortgage contract and the consequences to the bank;how to deal with the mortgage contract after the termination of the commercial housing sales contract and the problem of the loan return responsibility after the termination,whether it is proper for the court to exempt the borrower from the repayment responsibility;and This paper analyzes the effectiveness of China’s advance notice mortgage registration system,studies whether banks can enjoy the priority of repayment when only handling the advance notice mortgage registration,what rights and interests they enjoy when facing the court’s enforcement,and the difficulties they face in practice.In view of the risks and dilemmas faced by banks,this paper puts forward countermeasures from three aspects in the fourth part.First of all,at the internal level of the bank,the paper puts forward the risk prevention and control suggestions of strengthening the contract relative person audit mechanism.Secondly,on the judicial trial level,I put forward my understanding of the judicial interpretation of the commercial housing sales contract and the applicable suggestions in the corresponding case disputes,so as to provide clear ideas for the court’s judgment;finally,on the legislative level,I analyze the defects of the existing notice mortgage registration system in China,and put forward corresponding suggestions to improve it,so as to clarify the legal effect of the notice mortgage registration system.Based on the position of banks,this paper studies the legal problems and corresponding risks that banks generally face in mortgage loan contracts.According to the actual situation of our country,the existing laws and regulations and the bank’s own situation,this paper puts forward a set of practical solutions,hoping to promote the sound operation of the bank’s mortgage loan business and help the healthy development of the real estate industry and financial market in our country.