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Is it risky for a shareholder mortgage company to operate a loan?
First, is there any risk in the operation of loans by shareholder mortgage companies?

Dear ladies and gentlemen, when a shareholder mortgage loan company handles loans, deposits and produces mortgage loans, the value of the mortgaged property needs to be higher than the loan amount, otherwise it may not be able to recover all the loan principal when the mortgaged property is auctioned. Secondly, the company's operating risks will also affect the repayment ability of loans. If there is a problem in the company's operation, it may not be able to repay the loan on time, resulting in a loan default. In addition, when operating mortgage companies, we should choose carefully, understand their operating conditions and risk control capabilities, and conduct risk assessment according to their own conditions.

2. Proof of real estate in different places. Can I apply for a mortgage loan at a local bank in Guangzhou?

I don't think we can put.

Because of the law, real estate can only be mortgaged at the local housing authority. If it is a real estate in a different place, the local bank in Guangzhou lends money to the borrower. Once the borrower cannot repay the loan, it will be very troublesome for the local bank in Guangzhou to dispose of the real estate.

In this case, the account manager of the bank credit department generally does not lend money to the borrower.

Third, whether there are risks in real estate mortgage loans, and how to prevent potential risks?

Risks of current real estate mortgage loan

1, internal operational risk.

First, the risk awareness of credit personnel is not strong enough. It has always been thought that mortgage loans are much better than secured loans and credit loans, and there is basically no risk in having tangible real estate guarantees. For our bank, although mortgage loan is a very "safe" loan method, when the borrower fails to fulfill the repayment obligation according to the regulations, the bank can recover the money by exercising power over the collateral. It is precisely because of this characteristic of mortgage loan that it is easy for credit personnel to have insufficient understanding of the risks of real estate mortgage loan, fail to correctly understand the existence and degree of mortgage loan risk, and ignore the risks of real estate mortgage loan, thus endangering the security of credit funds. If there are factors that do not conform to the law, it will affect the legal effect and realization, and will eventually bring certain legal risks to the realization of the main creditor's rights of rural commercial banks. Second, the loan personnel do not handle the business according to the operation process requirements or rules and regulations. For example, the on-site authenticity investigation is not conducted before the loan is issued, the due diligence investigation and post-loan evaluation are not carried out seriously, and the borrower's first repayment source and the reasonable market price of real estate are not correctly evaluated, which often leads to loan decision mistakes, lax access and post-loan management failure.

2. The risk of defects in subsidiary rights.

First, when the loan bank goes through the formalities of real estate mortgage registration, if it only goes through the registration of real estate mortgage, but not the registration of land use right mortgage, the mortgaged real estate will not be disposed of and realized. The second is the simple mortgage of land use rights. If the land purchased and mortgaged by the mortgagor fails to build a factory or carry out project development within the prescribed time limit, the government will recover the land use right for free, and the mortgaged land use right will face policy obstacles. Even if it can be disposed of, it will cost a lot.

3. The risk of invalid mortgage.

First, according to the Guarantee Law, educational facilities, medical and health facilities and other public facilities (including real estate) of schools, kindergartens, hospitals and other public welfare institutions and social organizations shall not be mortgaged, otherwise it will be invalid. It can be stipulated by the relevant government departments that it can be mortgaged and make a guarantee commitment. However, according to the principle of "legal effect is higher than local regulations", mortgage behavior is still invalid and there is great legal risk. Second, * * * has the risk of property mortgage. According to the interpretation of the "Guarantee Law", when * * * has property available for mortgage, * * * someone mortgages his * * * property, and the mortgage is invalid without the consent of other * * * people. When the borrower handles the real estate mortgage loan with the real estate owned by * * *, if the lender fails to ask the borrower and the real estate owned by * * *, the mortgage right will be automatically lost, making the lender's exercise of the mortgage right invalid.

4. Risk of decline in collateral value.

First, with the economic environment and market depression, the value of mortgaged property may shrink sharply. If the borrower fails to repay the loan, the bank will suffer great losses when disposing of the collateral. Second, the management of intermediary evaluation agencies is not standardized, and there are certain human risks in the process of collateral evaluation. When the borrower applies for a loan, the evaluation agency is arbitrary. In order to meet the needs of borrowers to apply for loan quotas, the appraisal price of real estate was deliberately raised. When the assessed value of real estate collateral is higher than the actual value, there will be the risk of loss that the loan principal and interest cannot be fully recovered when the collateral is repaid. Third, the lender illegally issued loans to borrowers at a mortgage rate exceeding the prescribed rate, which increased the risk of loss of credit assets.

5. The risk of incomplete mortgage registration.

First, the bank failed to handle the mortgage procedures in time or the mortgage procedures were invalid, which led to the suspension of the collateral and the invalidation of the mortgage. When loan losses occur and collateral needs to be disposed of, the rights of banks cannot be guaranteed by law. Second, the staff of the rural commercial bank did not personally participate in the registration and information inquiry, or did not personally handle the mortgage inquiry during the borrower's loan renewal period, so it is impossible to determine whether the mortgaged property has been sealed up and frozen, and whether it has been "one thing for more", and it is even more impossible to determine whether the borrower used the fake real estate license to defraud the bank loan, which has great operational risks and moral hazards.

6. Collateral disposal risk.

First, due to China's legal provisions, judicial environment and the consideration of safeguarding people's livelihood, the people can seal up the residential houses necessary for the life of the executed person and his dependents, but they can't auction, sell off or pay off their debts, which makes bank mortgage sometimes difficult to realize. Second, the Guarantee Law stipulates that when the borrower defaults, the mortgagee must reach an agreement with the mortgagor before auctioning the collateral. If the mortgagor does not agree to auction the collateral at this time, or can't contact the mortgagor or collateral at all, the mortgagee can only mortgage the mortgagor through legal channels, which is time-consuming and labor-intensive. Often due to the economic downturn, the mortgaged property will be auctioned at a low price, which is not worth the loss. Third, the right to lease against risks. According to the principle of "buying and selling does not break the lease", if the mortgagor rents the collateral first and then rents it out, and the lender fails to sign a supplementary agreement with the mortgagor and lessee to dispose of the collateral in time, even if the borrower fails to repay the loan on time, it is difficult to dispose of the mortgaged real estate because the lease is still valid. At the same time, when the lender auctions the mortgaged real estate, according to the provisions of the Contract Law, the lessee enjoys the preemptive right based on the lease contract and can take certain measures to deliberately lower the auction price of the real estate.

7. Risk of collateral loss.

If the lender fails to fully insure and renew the real estate collateral before the loan, and makes it clear that the lender is the first beneficiary of the insurance, the value of the collateral will be lost in the event of devastating accidents such as fire and natural disasters, which will lead to the lender's complete loss of control over the collateral and the risk of collateral loss.

4. Is there any risk in Guangzhou real estate mortgage loan? How to guard against potential risks when mortgage?

Pay back the money in time, that's all.