First, the current risk of real estate mortgage loans
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, people's livelihood security and other issues, the people's court can seal up the housing necessary for the life of the person subjected to execution and his dependents, but it is not allowed to auction, sell off or pay off debts, resulting in bank mortgage sometimes being difficult to achieve. 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 mortgaged property by the bank at this time, or the mortgagor cannot be contacted at all or the mortgaged property is not vacated, the mortgagee can only sue 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.
Second, real estate mortgage risk control measures
1, pay attention to the field trip.
Before the loan, the site, the housing management department and the land management department should conduct a comprehensive investigation on the mortgaged real estate provided by the borrower, and make necessary analysis and risk assessment on the realized market price of the collateral to ensure the authenticity and legality of the collateral. At the same time, it is necessary to investigate in detail the lease of the mortgagor's property before and after the loan, and make supplementary agreements in time to ensure the safety of collateral disposal.
2. Evaluate the real estate price reasonably.
The mortgage assets evaluation center of rural commercial banks should strengthen market investigation and analysis, constantly improve the mortgage assets evaluation system, and timely adjust the reference guide price of mortgaged real estate according to the laws of market economy; Credit personnel of institutions under their jurisdiction regularly re-examine mortgaged real estate, evaluate the changes of mortgage value and liquidity of collateral from various aspects, grasp the initiative of loan issuance, reasonably determine the mortgage rate according to the degree of risk, and avoid using the asset evaluation report of intermediary agencies with large deviation between the evaluation value and the market value, recover loans with higher valuation in advance, and reissue them on the basis of reasonable evaluation.
3. Pay attention to the compliance of mortgage registration procedures.
Before granting real estate mortgage loans or during the renewal period, credit personnel must personally participate in the mortgage registration procedures and the inquiry of collateral registration information, and go through the formalities of full insurance and renewal of insurance for mortgaged real estate in time to ensure the effectiveness and security of bank mortgage rights.
4. Pay attention to the training of credit business knowledge.
Improve the professional knowledge level and business operation ability of credit personnel, change the concept of little or no risk in mortgage loan, enhance the ability of credit personnel to identify the risk of real estate mortgage loan, and firmly establish the awareness of risk prevention.
5. Ensure the validity of the mortgage contract.
Before signing the mortgage loan contract, the credit personnel should carefully check the ownership of the mortgaged real estate, the articles of association of the mortgagor, the identity and marital status of the mortgagor, and pay special attention to whether there are potential properties and the rights and obligations of the company's board of directors (shareholders' meeting), so as to prevent the mortgage from being set because of the real estate that cannot be mortgaged according to the law or the mortgage resolution of the board of directors (shareholders' meeting) from being invalid due to the omission of the mortgagor's signature.
6. Pay attention to the borrower's first repayment source.
When issuing real estate mortgage loans, we should not only consider the borrower's second repayment source (disposing of mortgaged real estate), but also pay attention to the first repayment source. We should thoroughly analyze the borrower's financial, non-financial and cash flow, fully grasp the borrower's production and operation, reasonable capital demand and solvency, prudently enter the real estate mortgage loan, and control the loan risk from the source.