The risks of mortgage loans include: 1, default risk. Once the loan defaults, the mortgaged house faces the risk of auction. 2. Liquidity risk. Liquidity risk refers to the risk that short-term funds and long-term loans are difficult to realize. 3. Business cycle risk. Business cycle risk refers to the risk caused by the periodic fluctuation of the overall level of the national economy. 4. Interest rate risk. Interest rate risk refers to the risk brought by the change of interest rate level to the value of bank assets. According to the relevant laws and regulations of our country, if the debtor or the third party mortgages the property to the creditor in order to guarantee the performance of the debt without transferring the possession of the property, the creditor has the right to be compensated in priority for the property if the debtor fails to perform the due debt or realizes the mortgage according to the agreement of the parties.

legal ground

Article 394 of the Civil Code of People's Republic of China (PRC) defines mortgage as the performance of secured debt. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

Mortgage risk

The risks of mortgage-to-mortgage loan are:

1, the process is too complicated. To apply for a mortgage loan, the borrower needs to have a company, and the company must be established for more than one year. If there is no company in this person's name, he will be transferred to another company. The process of the new company is very complicated, and the new company that may transfer ownership cannot meet the bank's audit standards.

2. The cost is relatively high. If the loan needs to be transferred to a new company, the transfer fee is not low, and the bookkeeping and address fees need to be paid every year. If the borrower doesn't know how to handle it, he has to find an intermediary to assist him, and he also needs to pay an intermediary fee.

3. Loan repayment risk. The repayment period of mortgage loan is about five years. If the policy of the midway bank changes, the borrower may be required to repay in advance, and if it is unable to repay, it will be overdue, which will have a great impact on personal credit.

What are the risks of real estate mortgage loan?

Real estate mortgage loan: refers to the mortgage loan provided by banks or other financial institutions (lenders) with real estate as material guarantee for repayment. Repay the principal and interest to the lender in installments with stable income. If the principal and interest cannot be repaid as agreed, the lender may sell the property to offset the arrears.

Real estate mortgage loan: refers to the mortgage loan provided by banks or other financial institutions (lenders) with the real estate provided by borrowers as material guarantee for repayment. The borrower repays the principal and interest to the lender in installments with stable income. If the borrower fails to repay the principal and interest as agreed, the lender may sell the property to offset the arrears.

Like other commercial activities, real estate mortgage loan also has certain risks, mainly including:

1, risk assessment

Driven by interests, the appraisal agency will not hesitate to issue false appraisal reports, deliberately raise the appraisal price of real estate, so that borrowers can apply for more loans, or when lenders auction mortgaged real estate, the appraisal agency will deliberately lower the appraisal price of real estate.

2, the risk of leasehold confrontation

According to the principle of "buying and selling does not break the lease", if "rent first and then arrive", even if the borrower fails to repay the loan on time, it is difficult for the lender to dispose of the collateral because the lease is still valid.

At the same time, if the borrower signs a long-term lease agreement with the lessee before signing a loan contract with the lender, requiring the lessee to pay the rent in one lump sum, or the borrower rents the property at a rent significantly lower than the market price, the rent obtained by the lender will not be enough to repay the loan.

3. Registration risk

One is false registration, and the other is the risk of "one thing with more bets". When the borrower goes bankrupt and needs to dispose of the mortgaged property, false registration makes the lender's rights and interests unprotected, and "one thing mortgage" makes it difficult to dispose of the mortgaged property.

4. Give priority to risk compensation

According to China's "Guarantee Law", after mortgage registration by the competent department, priority can be given to mortgage loans. However, according to Article 286 of the People's Republic of China (PRC) Contract Law, the priority of the construction contractor is superior to the creditor's rights such as mortgage; At the same time, according to Article 45, Paragraph 1 of the Measures for the Administration of Tax Collection, if the taxpayer fails to pay the tax first and his property is set as security, the tax shall take precedence over the security interest.

5. Value risk of collateral

With the development of market economy, commodity prices fluctuate frequently, so does the value of real estate, and there is a great risk of value fluctuation.

6. Liquidation risk

Disposal of mortgaged property must go through at least several stages, such as evaluation and auction, each of which is time-consuming and laborious, resulting in many liquidation risks such as high liquidation cost, reduced liquidation ability and difficult liquidation execution.

7. Post-loan risk management

If the loan officer lacks the awareness of risk prevention and responsibility, it will easily lead to the risk that the collateral will be stolen, damaged or reduced in value.

To sum up, although the risk of mortgage loan is small, it does not mean that there is no risk. As a lender, we must have a sense of risk prevention. We must strictly control all aspects of loan investigation, review and post-loan follow-up inspection, and we must not relax our vigilance.

What are the risks of mortgage loans of commercial banks and how to prevent them?

Judging from the development of China's commercial banks, the risks faced by China's commercial banks are concentrated in credit risk, market risk, operational risk and liquidity risk.

1, credit risk

Credit risk, also known as default risk, refers to the possibility that creditors will suffer losses because the counterparty (debtor) is difficult or unwilling to perform repayment. Bank credit risk mainly refers to the risk of bank loan loss caused by the debtor's failure to repay the loan in full as scheduled. Credit business is the traditional and main business of banks. Banks are the credit center of society and the concentration of credit risks. Therefore, under the condition of modern credit economy, the credit risk faced by banks is a prominent risk, and the losses brought by credit risk to banks are also huge.

2. Market risk

Market risk refers to the risk that the bank's on-balance sheet and off-balance sheet business will suffer losses due to adverse changes in market prices (interest rate, exchange rate, stock price and commodity price). Market risk exists in the transactions and non-transactions of banks. The Basel Committee defines market risk as the risk of loss of positions inside and outside the balance sheet due to changes in market prices.

3. Operational risk

According to the types of risks, operational risks can be divided into four categories, namely, internal operational processes, human factors, institutional factors and external events. According to the risk factors, it can be divided into seven types, including: internal fraud; External fraud; Safety issues in employee activities and workplaces; Security issues of customers, products and business activities; The physical assets maintained by the bank are damaged; Business interruption and system error; Administration, delivery and process management, etc.

4. Liquidity risk

Liquidity risk is one of the main risks faced by commercial banks in China. With the increasingly open financial market, once the liquidity risk turns into a liquidity crisis, it will cause irreversible losses. Compared with credit risk, market risk and operational risk, the causes of liquidity risk are more complex and extensive, and it is usually regarded as a comprehensive risk.

According to the risk analysis of loan mortgage, we can guard against risks from the following aspects.

① Strict audit. Strict examination of collateral, property right relationship, mortgage contract and related documents is the fundamental measure to prevent loan mortgage risk.

For the collateral itself, the credit personnel should review the authenticity of the collateral title certificate and verify the authenticity of the collateral (such as houses and land use rights) corresponding to the title certificate through field visits; Secondly, credit officers should also review the collateral in strict accordance with relevant laws and regulations to see whether the collateral is allowed by relevant laws and regulations and whether it belongs to the scope of collateral allowed by banks.

For the property right relationship of collateral, if it is owned by * * * (such as a house), there must be a power of attorney from other * * * people who agree to mortgage, and if it is the property of a partnership enterprise, there must be a power of attorney from other partners who agree to mortgage. If it is the collateral of state-owned enterprises and collective enterprises, there must be a certificate of authorization from the competent SASAC and the workers' congress to agree to mortgage; If it is the collateral of a limited liability company or a joint stock limited company, there must be an authorization certificate that the shareholders' meeting or the board of directors agrees to mortgage according to the company's articles of association.

For all kinds of certificates of collateral, the credit personnel must strictly examine and require the relevant certificates to be complete. This requirement must be determined according to the specific collateral. For example, the mortgage of imported cars requires many procedures, such as operation license, product certificate, purchase and sale contract, customs declaration, invoice and so on.

For mortgage contracts, credit officers must strictly examine the relevant conditions of the loan contract, especially its additional effective terms and the business scope of the borrower's business license. In addition, it is particularly important to note that the validity of the mortgage contract must cover the validity of the loan contract.

(2) Do a good job of registration. According to the guarantee law, real estate, trees, aircraft, ships, vehicles, enterprise equipment and other movable property need to be registered according to law, and the mortgage contract will take effect from the date of registration. Therefore, when handling mortgage loans, banks must pay special attention to whether the collateral needs to be registered before it can take effect. In addition, it is necessary to confirm whether the loan contract and guarantee contract need to be notarized according to relevant laws and regulations.

③ Do a good job in value evaluation. Collateral value evaluation is the most commonly used means to prevent mortgage loan risks. To this end, banks should first establish a complete set of internal management system for collateral value evaluation and carry out collateral value evaluation on a regular basis. Units with conditions and needs should also establish a daily mark-to-market system and pay attention to personnel training in this area. Secondly, we should strengthen the contact, understanding and evaluation of asset appraisal companies to prevent the fraud risk in the outsourcing of collateral value appraisal business. Thirdly, we can't completely ignore the government departments that issue mortgage property certificates, especially analyze the possibility that borrowers bribe key personnel of government departments to issue false property certificates or repeat mortgages.

④ Do a good job in asset preservation. Asset preservation of bank loans involves the disposal of collateral. In the case of default by the borrower, the bank should seal up the collateral in time to protect its rights as the first beneficiary. When disposing of collateral, efforts should be made to coordinate the relationship with relevant stakeholders, fully consider disposal costs, taxes and interest losses after loan default, and prevent the risk of selling collateral cheaply.

Extended data

The operational risk management of banks involves not only the internal procedures and processes of banks, but also the organizational structure, policies and operational risk management processes of banks. For institutions, there should be appropriate policies to deal with operational risks. First of all, we must determine these policies and inform the employees of the whole bank. In this process, we should consider several aspects: first, we should have a clear governance structure and know who to report to under what circumstances.

In a typical bank case, there should be a separate credit risk management organization, and different business departments should be responsible for the daily business management, that is, there are two reporting mechanisms to report the daily business situation to the managers of such business departments respectively;

As for credit, it must be reported to the relevant credit manager. There is also a very important point in the information involved in banks, that is, the people who get the information and the details of different levels of information. For example, what the board of directors needs is a common information, and it is impossible to give everyone the same information. In addition, information should be flexible and flexible methods of collecting information are needed.