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Risks and countermeasures of interest rate mortgage

According to speed thaw loan financial was informed that, due to in recent years machine equipment mortgage loan mortgage real and to disposal variable now, property mortgage loan has mortgage real easy disposal variable now, and appreciation potential big, and disposal way flexible, advantage, integrated analysis risk relative smaller, but with interest rate of adjustment, due to property mortgage loan involved link more, professional sex strong, content more complex, if not note handle in the exists of risk points, not take effective measures prevention, also may formed loan risk, even caused loan loss.
, real estate mortgage loan risk (a) the lease rights against the risk of
1, is difficult to dispose of collateral. In accordance with the "sale lease-breaking" principle, if "arrived after the lease", the borrower fails to repay, because the lease is still valid, banks find it difficult to deal with foreclosed properties. Rental income
2, difficult to obtain. The borrower before signing the loan contract with the Bank, mortgage and if the lessee signed a longer lease agreements, and require the lessee to pay rent; or the borrower at significantly below market price rent houses to rent out to people, banks will struggle to receive rental income used for repayment.
3, the auction price of the mortgage is not fair. If borrowers are not repaying on schedule, banks have the right to dispose of foreclosed properties to repay the loan. When the Bank auctions mortgage property, in accordance with current law, the lessee has the right of first refusal, may take measures to artificially low property auction prices.
(ii) risk of mortgage registration right
1, "a bet" of risk. Article 35th of the law specified in the second paragraph: "the property after the mortgage secured by the value of the property is greater than the balance of claims, may be mortgaged again, but not in excess of the surplus. "After the borrower's mortgage to multiple banks, once bankrupt, a mortgage will be difficult to dispose of.
2, the risk of land. Registration procedures for mortgage at the Bank, if it is only for mortgage registration, without going through the mortgage of the land register, the property will not be able to dispose of the mortgage. In addition, the law: collective land may not be used as a mortgage. Therefore, if used to make mortgage of rural collective land must be converted to state-owned land.
3, registration of the term risk. Bank mortgage loan, if the term of the loan and the registration of the mortgage's term is set to line, once the maturity of the loan is not possible, mortgage registration is set to expire, banks will not be able to dispose of foreclosed properties.
(iii) land-property risk caused by
1, duration of land use. Allocation of land and land in China are divided into land, land disposal of varying degrees of difficulty. Allocated land was State land transfer system implemented by government departments before approval, land users to pay the compensation and resettlement after the costs of delivery of land use or land-use rights used in unpaid delivered to the land use. Land refers to the developers with paid access to land, and land grant was paid to the land and resources department, such land is life, belongs to the residential land use for a period of 70, which belongs to the industrial use of such land for a period of 50 years. Bank mortgage loans, if you don't take care of the land service life, will dispose of land on the estate lay hidden.
2, disposal costs. For land property real estate transactions, real estate developers had already paid the land transfer, in handling land use rights transfer do not need to pay; housing and land belonging to the allocation of land use, disposal of property required to land and resources departments to pay a certain percentage of land transfer. Bank mortgage loan, if you do not pay attention to the nature of the land, would likely increase the costs of disposal of foreclosed properties.
(iv) risk
land use land use there are many different kinds, its value is very different, particularly industrial, warehousing and other kind of sold, due to its low cost, if converted to residential, commercial, tourism, entertainment and other uses for business purposes, its value is the number of times of the growth. According to the law on land management article 56th unit is absolutely necessary to change of land and building use, by the relevant people's Government land administration authorities and approval by the Administrative Department of urban planning, reported to the original approval for the use of people's Government. After the borrower for mortgage loans, if private land uses, such as change the depot to entertainment centers, according to China's law, States can free to recover land, the Bank will not be able to dispose of foreclosed properties.
1, construction mortgage risk priority of construction engineering cost. The Supreme People's Court concerning the priority claim of construction projects set out in the reply of the: the people's courts in the adjudication of cases involving property disputes and handling a case of implementation shall be in accordance with the provisions of Article No. 286 of contract law, and identified the priority right to be repaid of contractor of construction works better than the mortgages and other claims. In accordance with the above provisions, construction contractor's priority claim over mortgage priority right to be repaid, which does not help the banks dispose of mortgage loans.
2, tax liens. 45th 1th, in the administration of tax collection measures, provides: "the tax authority tax, tax preference to unsecured claims, except as otherwise provided by law. "The requirement that, as long as the taxpayer's unpaid tax to behave in taxpayers with their property prior to the creation of a security, that is, taxpayers owed tax at, with its property after the creation of a security, taxes have priority over security rights that private power.
risk of property mortgage under article 54th of the guarantee law, community property as collateral, co-owner, with its total of mortgaged property, without the consent of the other co-owners, mortgages are invalid. When property for mortgage loans for borrowers, if the Bank does not require the borrower and property owners signed, would automatically lose their mortgages to form risk.
(g) mortgage risk assessment of the price
at present, the rating agencies is not standardized, and sometimes injustices in the price real estate assessment, according to the evaluation purpose often drive up or down the valuation. Borrower loan application, assessment of costs paid by the borrower, may deliberately raised the assessed value of the property assessment agencies, allowing borrowing to be able to apply for more credit; when the Bank auctions mortgage property, rating agencies will mean reducing the assessed value of the property.
(VIII) property disposal difficult to enforce the
of the Supreme People's Court on the people's courts in civil execution sealing up, distraining and freezing properties of judicial interpretation of the provisions of article sixth, that is necessary for the person subjected to execution and his dependant living houses, the people's Court may seal up, but may not be auctioned or sold or to repay their debts. According to the regulations, if a borrower with a unique set of housing for mortgage loans, even if expired not repay, Court, banks have no right to dispose of the collateral.
II, against the risk of real estate mortgage strategy
(a) thorough investigation, to prevent the "rent after the first"
before going through the mortgage banks, should be carefully pre-loan investigation, details about borrowers to mortgage property has been leased to others. Have rental property, banks shall not handle mortgages and prevent a "lease arrived". Of course, if "after the first rental" scenario, namely the mortgagor after the mortgage and collateral for rent. In this case, the registered mortgage right effect of the right of rental, banks can apply for mortgage loans.
(ii) seriously handle mortgage registration
Bank handle property mortgage registration Qian, to survey clear mortgage of property whether belongs to "a real more bet"? If belongs to "a real more bet", Bank to often carried out loan Hou check, master borrowing people and mortgage property of situation, once appeared effect loan returned of adverse factors, early take favourable measures, as reduced loan loss. Mortgage loan, the Bank shall require the borrower to property and land tenure shall be mortgaged for easy disposal. Mortgage registration period longer than the term of the mortgage, banks should have sufficient time to dispose of foreclosed properties.
(c) attention to the nature of the land and use the term
Bank mortgage loan, need to know nature of the land occupied by the real estate, land is to distinguish between residential category belongs to industry. According to the nature of the land, and see if the land-use term expiration, the land is about to expire or has expired, its attachment to the mortgage loan. Allocation of land use for housing, banks signed a contract with the borrower, require the borrower to pay land transfer when you dispose of property.
(d) strengthen post-loan inspection to prevent land-use changes before
Bank mortgage, you should review the land use permits to fill out the land usage, whether borrowers actually uses the same? if not, no mortgages. Even before processing, the Bank should also conduct credit checks after the loan, see if the borrower's land use changes, to take effective measures in a timely manner according to the circumstances.
(five) on building engineering mortgage loan focus management
due to building engineering has particularity, in by claims right Shang not conducive to Bank, so, Bank should appropriate reduced building engineering mortgage loan number; on issued of building engineering mortgage loan, Bank should for separate management, requirements borrowing people put basic deposits account set in Bank, between payments to through Bank handle, at any time supervision borrowing people funds using situation.
(vi) signature of property collateral requirements common to all property
Bank in handling mortgage loans, should the title deed and other ways to learn more about the beneficial ownership of the property. Of common property, to really master how many property owners? whether property owners agree to using real estate as collateral for the loan? only property owners all agree that bank can give, and should also require all property jointly signed.
(VII) banks should develop their own real estate appraiser
to get the mortgage real estate assessed value, the banks should take the initiative to develop their own real estate appraiser, a mortgage valuation to a fair, equitable. Although the Bank has no right to decide to rating agencies made to the mortgage valuation, but according to their actual assessments to determine loan amounts. Property assessment agency review of the Bank's internal evaluation Division should secondary mortgage valuation, according to their assessed value, according to a certain proportion of loans provided to determine the actual amount of master loan initiative.
(VIII) research through the borrower's property number
Bank mortgage loan, should investigate more thoroughly borrowers ' actual number of properties to see if there is no fraud, deception to conceal. If a borrower only has a set of housing, banks will not be mortgage loan; if a borrower has multiple sets of houses, but there are legal disputes, banks cannot accept, should the legal dispute is resolved, according to the actual situation to determine whether to handle.
(nine) attention borrowing people first repayment source
Bank issued property mortgage loan Shi, not only to consider borrowing people of second repayment source, and more important of is attention first repayment source; not only to on borrowing people for guarantees analysis, and to on borrowing people for financial analysis, and cash flow analysis and non-financial analysis, on borrowing people often carried out loan Hou check, dynamic reflect loan form, from essentially improve property mortgage loan of quality, effective prevention property mortgage loan risk.