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Research on the U.S. Mortgage Legal System

Author: YangHongWei
Tutor: GuoYuan
School: Ocean University of China
Course: International Law
Keywords: Home mortgages Housing mortgage loan securitization U.S. legal system China 's suggestions for improvement
CLC: DD912.28
Type: Master's thesis
Year: 2010
Downloads: 128
Quote: 0
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Abstract


Home mortgages as an effective way of housing finance in the United States has made rapid progress. The United States not only formed a large a housing mortgage market launch housing mortgage securitization business and creatively, to solve long-term illiquidity problems of housing mortgage debt, make an inventory of the primary market funds. Regulate the housing mortgage, the United States has developed a series of legal norms, government guaranteed and private commercial insurance combined insurance mechanism established in a market, the protection of a mortgage market stability in the secondary market at the same time government or quasi-government agencies, and the establishment of credit to the federal government involved in the securitization of housing mortgage assets, and to build a secondary market convergence the skillful housing mortgage. In the context of the housing commercialization of housing mortgages and loans rapid growth is not yet ripe, but the legal system of China's housing mortgage loans, especially on mortgage-backed securities, the legal system is only in its infancy. Therefore, in-depth research to perfect the legal system of housing mortgage loans, has an important role in promoting China's legal system construction of housing mortgage loans. U.S. mortgage legal system study, comparative analysis of the practice and theory, a comprehensive and systematic analysis of the legal system of a U.S. mortgage market and the secondary market, and combined with the legal system of the status quo of China's housing mortgage on the basis of the comparative analysis of the legal system of housing mortgage loans to a market, the implementation of the housing mortgage loan securitization and build housing mortgage loan securitization legal and regulatory framework put forward suggestions for improvement. Hope to play a valuable reference for theoretical research and practical operation of China's housing mortgage system. The text is divided into six parts: the first part briefly summarized the legal system of housing mortgage loans, including the concept of home mortgages, legal characteristics of the subjects of law and legal relations. The second section briefly describes the formation and development of the American legal system of housing mortgage loans. Part III Intro the U.S. mortgage legal system. Legal body, the mode of operation and the legal relationship of a market, a market types of home mortgages, mortgage guarantees and insurance. The legal system of the secondary market mainly include concepts and types of housing mortgage loan securitization, the mode of operation, the subjects of law and legal relations, as well as mortgage-backed securities issuance system and the regulatory system. The fourth part of the legal system of China's housing mortgage loans specific. The first section introduces a housing mortgage market legal system, including the loan of a market system, the security system and the insurance system. Section II introduces the legal status of the mortgage-backed securities, including mortgage-backed securities issuance system, trading system and regulatory regime. The third section is a detailed analysis of the problem of housing mortgage system. Including lack of maneuverability loan system procedures, conflict of laws, guarantees and insurance mechanisms mortgage practice of the legal system is not perfect, and imperfect legislation and supervision of risk of housing mortgage loan securitization. The fifth section presents suggestions for improvement of the legal system of housing mortgage loans. Part VI is the conclusion and summary of the full text.

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CLC: > Political, legal > Legal
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