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The Legal Regulation of the Risk of Commercrial Banks’ "Fake Mortgage"

Author: LiuGuoWei
Tutor: LiJian
School: Shanghai Jiaotong University
Course: Legal
Keywords: fake mortgage risk legal regulation commercial banks
CLC: D922.282
Type: Master's thesis
Year: 2011
Downloads: 54
Quote: 0
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Abstract


It is generally thought that mortgage is a way of loan guarantees. Most housing loans of consumers come from commercial banks loan business. Mortgage loan business brings a lot of risk to the bank when it brings benefits, and the risk from the“fake mortgage”is the most serious.“Fake mortgage”is a behavior of using mortgage loan to obtain bank funds by cheating which is the abuse of the mortgage system. This behavior is not only a threat to the security of bank credit funds, but also influences the healthy development of real estate market.“Fake mortgage”is also an important factor for promoting high house prices and closely relates to interests of ordinary home buyers. It has many reasons to bring out“fake mortgage”, for banks’interest this paper stands on the perspective of the law to analyze its causes and legal responsibilities and at last propose preventive measures from a legal perspective. The first chapter is from the meaning and legal relationship of mortgage to put forwards the concept of“fake mortgage”and classifies it into different categories. In order to obtain better understanding of“fake mortgage”, then describes its manifestations. Section two analyzes the hazards of“fake mortgage”and points out the sources of risk from the adverse effects of“fake mortgage”to the real estate market, real buyers, and especially the commercial banks.After a basic understanding of main object of“fake mortgage”discussed in the first chapter, the second chapter analyzes the“fake mortgage”risk of commercial banks from legal point, which mainly discusses the causes of the risk and the legal liabilities of“fake mortgage”parties.Chapter three is on the basis of the previous article, which presents the opinion that the diversification of risk sources of“fake mortgage”and their living environment determine that it is difficult to restrict its development by relying on a single way. Then points out that there are three aspects to regulate the legal risk of commercial banks’“fake mortgage”: supervision of banking regulators, commercial banks’own protection and prevention, the improvement of related legal system.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Trust, Credit Act
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