From the perspective of the banks in the real estate mortgage loan risks

First, real estate valuers should be aware of the risks of mortgage loans

Mortgage Loans for China's banking sector, should be - small pieces of quality risk assets.

However, due to China's banking industry and the operation of the monitoring mechanism is not yet perfect, personal financial credit system is not yet in place, real estate mortgages are still implied a certain degree of risk. This risk in the rapid rise in property prices is not obvious, but when real estate prices will decline significantly with time.

To prevent evasion of the real estate and mortgage loans may have risks, government departments to give a high degree of concern, such as ministries and the Ministry of Construction issued the "norms on bank credit and business related real estate collateral valuation management issues related to notice" and " Real estate collateral valuation guidance "given the real estate appraisal institutions and real estate valuers great deal of trust and responsibility. As a real estate valuers, banks in the understanding of the real estate mortgage loans may exist in the course of the risks, help us to carefully assess the real estate collateral.

Second, from the bank angle of the real estate mortgage risk part of the reason

1, not yet establish a sound personal property registration system and individual tax registration system, the banks therefore difficult to grasp the overall borrower's assets and liabilities of the situation and make appropriate credit decision-making;

2, domestic credit loss corrections system is not yet perfect, the borrower provided false documents has become commonplace to take the initiative to assist in fraud or fraud of the lack of effective disciplinary measures;

3, individual housing loan business caught in a vicious cycle of competition, can not provide more quality services in the circumstances, the banks have reduced resources for customer loans threshold, the mixed quality of the borrower;

4, individual housing loan repayment period of time, borrowers may be because of unemployment, divorce, accidents and other causes of loss of ability to repay and repayment will.

Considered the above, often through bank loans-to control to control risk, for the average borrower, the loan amount does not exceed the value of real estate (or assessment of the value) of 70%. Even so, the banks are not entirely without risk, there is still potential uncertainty. Therefore, the "real estate collateral valuation guidance" Article 15, paragraph 1, explicitly pointed out: "in the presence of uncertain factors, real estate valuers to assess the relevant judgement, should maintain the necessary caution, a full estimate of real estate collateral May be at the disposal of the restrictions, the future possible risks and losses, not to overestimate the market value, not underestimate the knowledge of the statutory priority debt service, and in their reports to make the necessary risks tips. "

Third, non-performing loans may lead to the banks can not recover the full principal and interest

Does not leave a real estate mortgage loans, housing construction area of 120 square meters, the real estate value of 100 million yuan, 700,000 yuan loans, loans for 10 years, the interest rate the implementation of the benchmark rate 7.11 percent, equal to the principal and interest repayment Method of repayment, the monthly repayment 8167.32 yuan. Borrowers from the start on the subjective will of no repayment, the banks discovered the situation immediately and decisively handled.

Although the bank as a mortgage, can ask the disposal of collateral, to dispose of net proceeds from the disposal in the course of the litigation, such as the auction, after the transfer of priority, such as debt service costs, but in accordance with the existing procedures for the disposal of the outcome, the banks may not be able to fully Recover the loan principal and interest.

From the time, people began to default from the borrower to banks through litigation auction collateral to recover funds, at least take 15 months.

For the specific process:



If the bank is through judicial proceedings, the auction process to recover the principal and interest of the loan process, including the disposal cost of litigation in general, auction, transfer, and other parts.

1, litigation costs

To the first four months of prosecution, the principal of loans for 700,000 yuan, 700,000 yuan for the interest arrears × 7.11% / 12 × 4 = 16590 yuan, Faxi to 725.87 yuan (see table in this paper the cost of capital), Total amount of litigation 700000 +16590 +725.87 = 717315.87 yuan.

(1) litigation costs

717315.87 yuan × 1% +5010 dollar = 12183.16 yuan

(2) the implementation of fees

717315.87 yuan × O. 1% +2500 dollar = 3217.32 yuan

Total costs for the proceedings:

12183.16 yuan +3217.32 dollar = 15400.48 yuan

2, assessment and auction costs

Auction collateral, the need to be an assessment; collateral auction, the auction house to the commission and the Bidders were charged 5 percent of the fees, so Bidders can receive the highest price for the

1 million yuan / (1 +5%) = 952,381 yuan.

(1) assess the costs 1 million × 0.5% = 5000

(2) auction fees 952,381 yuan × 5% = 47619.05

Total cost for the assessment and auction:

5000 yuan +47619.05 yuan × 2 = 100238.1

3, transfer costs

After the auction transaction, the borrower as a sell side, in accordance with the regulations need to undertake corresponding cost, since it is sold within five years, the need to pay sales tax.

(1) the sale of business tax

952,381 yuan × 5.5775% = 53119.05

(2) stamp duty on trading contracts

952,381 yuan × 0.05% = 476.19

(3) transaction costs

120 × 2.5 yuan / = 300 yuan

Total cost for the transfer:

53119.05 yuan +476.19 yuan +300 dollar = 53895.24 yuan

Specific list is as follows:



Disposal costs than the 169,500 yuan to the collateral value of 17%! Deducted from the disposal costs, the remaining 1 million -169533.82 dollar = 830,466 yuan. But this does not mean banks to the amount of priority debt service, with the extension of the disposal process, bank loans cost of funds also continue to increase. From the assumption that the borrowers of loans since refused to repay, the cost of funds as follows (Faxi in accordance with the lending rate to 150%):

To n months, the principal amount of 70 million yuan to 700,000 yuan interest × (7.11% / 12) × n; Faxi to 8167.32 yuan × (7.11% × 150% / 12) × (1 +2 +…… + n).



You Shangbiao we can see that in the shortest possible period of 15 months dispose of the case, the loan cost of funds has reached 770,923 yuan, after the disposal of the remaining amount of 830,466 yuan -770923 dollar = 59,543 yuan.

According to "set the Supreme People's Court on the implementation of the provisions of the secured housing", the court held that after the auction, as banks for implementation, the need for Pizhixingren and their dependants to provide temporary housing. But once the needs of the auction by the Bank to provide temporary housing in the probability of large, less than 60,000 yuan the disposal of the remaining amount is adequate to provide temporary housing on a problem, which means the banks at this time may not be able to recover the full principal and interest .

We are in front of all the discussions in the assumption that under the conditions and limitations: (1) from a loan to complete the disposal of collateral, the real estate market stable prices, (2) During this period, the bank lending rate not adjusted; ( 3) the court proceedings to the timely delivery of legal instruments, without notice, (4) the defendant to give up the first-instance judgement on the appeal, (5) auction to a contract, without Liupai (6) Bidders are willing to accept less in the market price of the auction The bid price fee (7) Bidders need not buy housing loans (8) do not take into account in the bank loan debt liquidation of the human costs and legal fees, and so on.

If the above assumptions and restrictions outside the case, as interest rates increase, in particular the increase in the time period, the loan cost of funds will rapidly increase.

After calculations, other conditions remain unchanged, if the disposal of bad loans cycle to 25 months, the bank's cost of capital will reach 828,000 yuan, after the disposal of the remaining funds have not, at this time, Banks have been unable to provide temporary housing, means that in any case can not fully recover the principal and interest.

After a careful analysis of the disposal of the mortgage process and disposal costs, we believe that in the real estate market relatively stable circumstances, to avoid the real estate mortgage loans in financial losses, in late after the timely disposal of the most pressing is that once Must be secured through litigation of the auction to achieve the realization of debt, limit the time period should not exceed 25 months.