The freezing of mortgage deposit is the money that the bank collects from the developer according to a certain proportion of the total loan in the process of mortgage loan, and assumes the joint guarantee responsibility of mortgage loan. The bank will not return the mortgage deposit to the developer before the real estate license is completed and the mortgage registration is completed. Owners should resolutely resist developers asking buyers to pay mortgage deposits and use legal weapons to safeguard their legitimate rights and interests. What is a mortgage deposit? Bank mortgage deposit guarantee is widespread in the banking industry. The usual practice is that banks and real estate development enterprises (hereinafter referred to as developers) sign the Individual Housing Loan Project Cooperation Agreement and the Individual Housing Guarantee Loan Contract. It is stipulated in the contract that banks provide housing mortgage loans to property buyers who develop real estate for developers, and developers open special deposit accounts in banks to provide deposits received according to a certain proportion of the loan balance to provide guarantees for the bank's mortgage loans. After the borrower obtains the real estate license and completes the mortgage registration formalities with the bank as the mortgagee, the bank will return the corresponding deposit in the deposit account to the developer. During this period, if the borrower fails to repay the principal and interest on schedule as agreed in the contract, the developer will repay it on his behalf, and the bank has the right to directly deduct the relevant funds from the deposit account. The significance of mortgage margin guarantee provides the second repayment source for the bank's mortgage loan, which is of great significance for maintaining the bank's capital security. The risk "mortgage" of developers in mortgage loans is like a double-edged sword. Although it has provided a helping hand for developers to withdraw funds, the risk has penetrated into the developer's housing sales process bit by bit. Before the purchaser has obtained the ownership certificate of the house, because of various complicated situations, the bank may ask the developer to provide joint and several guarantee responsibilities at any time, and the risks brought by this will also follow. The bank's funds in the mortgage risk deposit account are sometimes frozen and deducted by the court, because the court sometimes thinks that the deposit guarantee is not a chattel pledge and cannot be used against a third party, that is, the bank does not have the priority to be repaid. Suggestions on risk minimization The best way for both parties to minimize risks is to have legal awareness and take effective measures to improve the contract with all parties, so that the risks can be completely controlled within their own vision, and then the risks can be minimized. It is not correct to completely avoid risks or ignore them. At the same time, it is necessary for the Supreme People's Court to further explain the way of setting up the pledge of monetary movable property, and to recognize and standardize the operation form of margin pledge widely used by commercial banks at present.