2008Jinrong luntanRequires access

Legal Issues of Personal Housing Re-mortgage Loan of Commercial bank

Geng Dan-da

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Abstract

Commercial bank's personal housing re-mortgage loan business has grown dramatically in China in recent years.As a new type of financing tool,this business involves various parties which results in a variety of complicated legal issues.This paper divides the business into three types according to different subjects involved and introduces their motivations and related legal basis respectively.Furthermore,the paper gives a detailed explanation about legal issues of insurance concerning personal housing re-mortgage loan and commercial bank's legal status in those issues.Centering on the process character of this business,the author points out that due to the lack of collaterals during a period after the issue of re-mortgage loan,commercial banks have to face the potential risk,and strengthening the cooperation among commercial banks and choosing professional guarantee corporations would be effective approaches to reduce such risk.

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What this paper is about

Commercial bank's personal housing re-mortgage loan business has grown dramatically in China in recent years.As a new type of financing tool,this business involves various parties which results in a variety of complicated legal issues.This paper divides the business into three types according to different subjects involved and introduces their motivations and related legal basis respectively.Furthermore,the paper gives a detailed explanation about legal issues of insurance concerning personal housing re-mortgage loan and commercial bank's legal status in those issues.Centering on the process character of this business,the author points out that due to the lack of collaterals during a period after the issue of re-mortgage loan,commercial banks have to face the potential risk,and strengthening the cooperation among commercial banks and choosing professional guarantee corporations would be effective approaches to reduce such risk.

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Available abstract

Commercial bank's personal housing re-mortgage loan business has grown dramatically in China in recent years.As a new type of financing tool,this business involves various parties which results in a variety of complicated legal issues.This paper divides the business into three types according to different subjects involved and introduces their motivations and related legal basis respectively.Furthermore,the paper gives a detailed explanation about legal issues of insurance concerning personal housing re-mortgage loan and commercial bank's legal status in those issues.Centering on the process character of this business,the author points out that due to the lack of collaterals during a period after the issue of re-mortgage loan,commercial banks have to face the potential risk,and strengthening the cooperation among commercial banks and choosing professional guarantee corporations would be effective approaches to reduce such risk.

Key concepts: Loan, Business, Mortgage insurance, Shared appreciation mortgage, Mortgage underwriting, Mortgage loan, Finance, Variety (cybernetics)

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