Study Of Real Estate Mortgage Legal Issues

Along with the rapid development of China's socialist market economy and housing reform in recent years, the sale of commercial housing has shown rapid growth trend. However, there is a huge gap between the income of ordinary people and the money to buy a house, so it is difficult to pay the full mortgage one-time. In order to ease pressure on people to buy a house and promote capital financing, the commercial housing mortgage came into being: after paying a certain percentage of the first payment to developers, homebuyers can live in the house. The remaining fund is paid to the developers in the form of direct payments in the form of loans from the banks. It largely deals with the housing problems of the majority people."Mortgage" using in mainland China is imported from Hong Kong and there is not a long time. In this period, there were many theoretical researches and elaborations about the nature of the mortgage, system settings, and related systems complete, but in many cases, it ignored the characteristics of mortgage system in mainland China. Although it has Anglo-American Law in the name of the mortgage about China Housing Mortgage but distinct and have Continental Law of real mortgage but different. In the same time, it is different from the mortgage in Hong Kong Law. t is extremely necessary to study systematically the legal nature and practical problems about housing mortgage, in order to incorporate commercial housing mortgage loans into the legal system.This paper is divided into three parts:The first part, discuss the origin and development of the mortgage. Common law through the introduction of mortgage laws and our Hong Kong mortgage, mortgage note into mainland China in the course of the legal system changes, the resulting legal connotation of Chinese commercial housing mortgage system, and in practice has been widely application.The second part, based on the legal nature of the mortgage-related theory, research the legal nature of the commercial housing mortgage in China. By comparing we know the nature of commercial housing mortgage is a special form of real estate pledge.The third part, studies the practical problems of China's Housing Mortgage, and come up with ideas for the problems. Focused mainly on three issues: the problems of early repayment, the status of litigation of developers and banks in the mortgage disputes, as well as the problems about mortgage insurance.