Study Of Real Estate Mortgage Legal Issues

Mortgage system derived from common law. It's a security system of goods. Now it's also the most common security system in common law countries. It was brought in from Hong Kong at the beginning of the 1990s. So far it has become a popular form of buying house through collecting money in our civil money market of real estate. In view that the mortgage of marketable housing of China has developed some distinct characteristics since the system was introduced from Hong Kong in the early 1990s,for the development of the real estate market of China, it is necessary to study how to graft the introduced system on the legal system of China, how to react to the various legal problems arising from mortgage practice and how to improve the mortgage of marketable housing. This thesis takes the mortgage of marketable housing as the reach object and adopts the comparative method to analyze the topic from both theory and practice angle. Through the analysis of the conception and evolution of the mortgage system, the characteristics and legal relationships of the mortgage of marketable housing, and the risks of the commercial banks and the preventive measures, the writer hopes to explain the mortgage of marketable housing and provide suggestions for the practice.The thesis consists of four parts exclude prologue and epilogue:Part One: Introduction of Mortgage. This part introduces the origin, development and characteristics of the mortgage system of UK, USA, Hong Kong and China Mainland.Part Two: To summarize the nature of China's mortgage system by comparing with the mortgage systems of UK and Japan, as well as other forms of guarantees in Chinese legal system.Part Three: This part mainly introduces some new phenomena which appears in practice and separately introduces the transferring mortgage and the reverse mortgage. Analyze several new problems on mortgage arising from practice, such as fake mortgage, mortgage transfer from legal angle and make an elementary research on the reverse mortgage, discussing the feasibility in China.Part Four: Through the study of US mortgage crisis, analyze the risks of the commercial banks in the mortgage of marketable housing from different parties, and give out preventive measures, such as the building-up of personal credit system, the apply of insurance in mortgage system etc.