-Risks faced by property buyers and their prevention.

Personal housing mortgage is a commercial housing sale activity in which banks, real estate development enterprises and buyers participate together. That is, after the purchaser pays a certain proportion of the purchase price stipulated by the bank, the bank provides differential loans. Personal housing mortgage loans involve banks, developers and property buyers. It found the best combination point between the interests of developers, banks and property buyers. It can not only help developers, especially small and medium-sized developers, overcome the difficulty of raising a large amount of funds to cope with high land prices and construction costs, but also help buyers temporarily alleviate the difficulty of collecting a large amount of housing funds, thus solving the contradiction between supply and demand of funds and helping to realize the expansion and reproduction of housing. But there are also many risks.

Now, we will discuss the risk prevention and prevention mechanism in personal housing mortgage loan for buyers.

First, the reason is the risk of the buyer.

I think the risks of buying a house with personal housing mortgage mainly include the following aspects:

(1) The economic situation of the purchaser has deteriorated seriously or other changes that may affect its solvency have occurred, and it is impossible to continue to perform the mortgage loan agreement.

(2) If the purchaser dies or is declared dead or missing, the successor or property custodian is no longer or unwilling to continue to perform the agreement. The death of the purchaser will cause the purchaser to be unable to continue to repay the bank debt; If the purchaser is declared dead or missing, the bank can't find the repayment person; The heir or property custodian is not directly responsible for debt repayment; As a result, no one bears the risk of the bank recovering the loan, resulting in the loss of the bank.

(3) The purchaser practices fraud and intentionally provides false personal income certificates, business licenses and other supporting materials. The fraudulent behavior of the buyers misled the bank's judgment, making the bank believe that the buyers have the ability to repay their debts and issue loans to the buyers, thus making it difficult for the banks to recover their funds.

(4) The credit risk of the borrower. The borrower subjectively has the psychology of breach of contract, especially when the guarantee clause is not binding on the borrower or it is difficult to implement the collateral, the credit risk is particularly prominent; This behavior brings great risks to banks.

(5) Pay the risk. When borrowing money, the borrower may overestimate the repayment strength and underestimate the expenditure of buying a house. In the actual repayment, their family income is not enough to pay, causing risks; In the operation of loan audit, the survey of buyers is only the economic situation in recent months, so it is difficult to grasp the past credit status of buyers and accurately predict their future income. So, there are risks.

(6) Risk of accidental injury. The borrower is disabled due to an accident and loses the repayment ability;

(7) Unemployment risk. Especially in the market economy, borrowers are unemployed at any time due to the constraints of education, age and knowledge structure. Once unemployed, it is difficult to repay the loan.

(eight) the risk of difficulty in handling the collateral. When the borrower is really unable to repay the loan, when the bank handles the collateral according to legal procedures, it often faces problems such as difficulty in handling and realizing, and it is difficult to get effective legal support.

Second, preventive mechanisms and preventive measures.

(1) The insurance industry must fully intervene in housing mortgage loans and establish a risk transfer mechanism for housing mortgage banks. There are many internal factors in insurance financing and housing mortgage financing. The personal and property safety of buyers, the performance ability of developers and the prevention of bank risks can all be properly solved through the intervention of the insurance industry, so that the interests of all parties of insurance and mortgage can be optimally combined. Bank risk transfer mechanism can be established through the following three aspects:

1. Property insurance of the house purchased by the purchaser. It is worth noting here that the author found in practice that in most insurance contracts, it is clearly stated that "after the house is damaged due to an accident, the bank is the insured or the first beneficiary". The author believes that because the bank does not own collateral, this practice violates the provisions of the Insurance Law and the legal relationship of insurance is invalid. In this regard, the author suggests that in the insurance contract, it can be clearly stipulated that "if the house is damaged due to an accident, the bank can give priority compensation from the insurance compensation".

2. The core of property buyers' life insurance is the combination of mortgage loan and life insurance, which requires property buyers to purchase life insurance with corresponding years and amount as the guarantee of the loan, and they can buy a house only by paying a down payment of 15% to 20% of the total house price. Under this mechanism, on the one hand, the buyer only needs to pay the loan interest every month, and the premium is just enough to pay off the loan principal after the life insurance expires, which greatly reduces the economic burden; On the other hand, it can ensure that the bank's creditor's rights will not lose the repayment ability because of the death or disability of the purchaser, and there is a risk that the loan will not be recovered. "It has brought a lot of convenience to buyers, brought new customer groups to insurance companies, expanded market business areas, brought new vitality to developers, and finally established a risk prevention mechanism for repayment of loans caused by casualties of buyers.

(two) to open up the connection point between the lawyer business and the personal housing mortgage loan business, and to establish the risk prevention mechanism of the personal housing mortgage loan bank.

Personal housing mortgage loan is basically a financing activity, and its outstanding feature is credit behavior, and the determination of credit degree often requires professional legal skills, so it is necessary and possible for lawyers to intervene in personal housing mortgage loan. Lawyers can play an important role in at least the following aspects:

1. Review the credit status of the buyer. First, examine whether the purchaser meets the subject qualification stipulated by law, and secondly, examine whether the source of economic income is sufficient and stable, whether the purchaser purchases the house for his own use, and whether there is any intention to "speculate on real estate".

2. Drafting and signing mortgage contracts, purchase contracts and even insurance contracts on behalf of others. Safeguard the legitimate rights and interests of developers, banks and property buyers in terms of contract forms and contents, and ensure the authenticity and legality of each contract.

From the point of view of preventing bank risks, lawyers' involvement in housing mortgage loan business has the following great significance: (1) To ensure the legality of the whole mortgage loan behavior from the procedures and entities, and to prevent the hidden worries caused by careless bank audit; (2) Lawyers are responsible for their own legal actions. If the contract is invalid or other losses are caused by the lawyer's fault, the lawyer should bear corresponding legal responsibilities, including civil responsibility, administrative responsibility and even criminal responsibility.

(3) Implementing system innovation, strengthening system construction, and improving the credit management level and risk prevention ability of commercial banks.

Law is the most stable and binding system. The role of system construction in economic development has been recognized by most economists and jurists. In system construction, system innovation is the most important. The concept of institutional innovation, in economics, refers to the reform of the existing system, so that innovators can obtain additional benefits. It is similar to technological innovation, and institutional innovation is often the result of a new invention in adopting a certain organizational form or management form. Conceptually speaking, institutional innovation is to emancipate the mind and change ideas, and it is the result of breaking through the shackles of old ideas and systems and establishing new ideas and systems. Therefore, for innovators, both theoretical courage and practical courage are needed. The birth of the new system and the expected net income are the result of the combination of these two kinds of courage. At present, many bank operators in China have realized the great role of institutional innovation in improving management system and improving economic benefits, and have made many successful attempts, but it is still far from meeting the needs of the development of China's economic and financial situation. Practice has proved that the internal operating mechanism of Chinese banks, including credit management mechanism, established under the original planned system can no longer meet the needs of market mechanism. It is necessary to abandon the old systems and mechanisms, establish new ones, absorb those that are still alive in the original mechanisms, and establish flexible and efficient internal operating mechanisms and new credit management mechanisms of commercial banks to meet the needs of market mechanisms, so that commercial banks can gain new vitality, truly operate according to the requirements of enterprises, and pursue profit maximization.

(4) Raise awareness, strengthen management, and establish a set of internal control mechanisms with clear responsibilities, balanced constraints and orderly operation to prevent bank risks in housing mortgage loans.

In the establishment of internal control mechanism, the key is to strictly establish and improve the legal person management system and legal person authorization system. While strengthening the first-class legal person system, we should strictly implement the system of authorization and sub-authorization to subordinate branches. For high-risk institutions with weak, irregular and inefficient credit asset management, the superior bank shall revoke its authorization and sub-authorization. Other internal management systems should be improved as soon as possible to realize the modernization of internal control supervision, so as to improve the breadth and depth of internal control supervision, reduce internal control links, improve the operation quality of internal control mechanism and achieve the purpose of preventing and resolving risks.

References:

& lt& lt Thoughts on the Risk Prevention of Personal Housing Mortgage Loan & gt Author: Lao Lijun

& lt& lt on the fraud of forward mortgage loan and its prevention & also on the fraud of forward mortgage loan in China. Author: anonymous

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Analysis on the Legal Nature of China's Housing Mortgage Loan & Also on the Legal Nature of China's Housing Mortgage Loan Author: Hong Haimin

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