Real estate mortgages are all commercial banks in the credit business major security devices. Real estate mortgage on an objective and effective evaluation is essential. What kind of price criteria to measure the price of real estate collateral »this article, the author on the price of real estate collateral and the difference between market prices and links to confirm ownership of real estate mortgages, real estate collateral valuation de facto, the mortgage The attention of real estate valuation, such as four points on some experience, with a view to Paozhuanyinyu.
First, the price of real estate collateral and the difference between the open market prices and the associated
1, the price of real estate collateral
(1) the definition of real estate collateral
"People's Republic of China Urban Real Estate Management Law," Article 46 the following statement: "real estate mortgage, is that people with legitimate mortgage real estate not to transfer possession to the provision of mortgage debt to honour the bond act. Debtor Non-performing debts, mortgages are entitled by law to the real estate collateral from the auction price Priority. "
(2) the content of mortgage prices
In the course of real estate collateral, if the debtor can not discharge the debt, banks and other financial institutions required to mortgage real estate disposal, disposal procedures are as follows: Prosecution - judgement - implementation - the auction, the auction is the main realization of real estate collateral方式. So the price should be secured debtor is unable to discharge the debt, the unsecured creditors through the disposal of real estate to achieve the realization of claims secured prices, mortgage real estate prices should be more than equal to the secured claims total, we can really achieve an effective security. Of which:
Claims = loan principal interest loans + + + Faxi overdue interest;
= Price of real estate mortgages secured liquidation auction price - should back the land transfer and payment of arrears works - Disposal of taxes and fees
Disposal of taxes and fees: generally refers to litigation costs, implementation costs, assessment fees, auction fees, transaction fee, such as sales taxes.
2, the open market price
Parties to the transaction in the market transactions is intended to maximize the pursuit of economic interests. Parties to the transaction should have the necessary market information, a more ample time for trading, the transaction has the necessary expertise to deal openly and without exclusive conditions. Open market value on the open market is most likely to form the price.
3, mortgage prices and the difference between the open market price
Disposal of real estate collateral for enforcement, the price does not solicit the opinions of ownership.
Realisable short period of time requested, because bank loans should be recovered in time.
In the valuation practice, by the open market price of the reference case for the general case transactions, and collateral for the bulk disposal of real estate in general, Shaoze several hundred square meters, while thousands more, on 10,000 square meters, similar to the wholesale and retail prices The price difference.
4, mortgage prices and open market price of the link
The level of mortgage real estate prices are relatively open market price, to open market prices as a reference.
Second, mortgage real estate ownership is confirmed
1, confirmed the ownership of real estate collateral
Real estate ownership should be "real estate warrants" to prevail or the relevant supporting documents, is to note the name change of ownership. For example, some companies restructured change the name, the original "factory" to "Limited", the original "Limited" to "(Holdings) Limited." If the artificial corporate ownership, the valuation report of the ownership and the business license, "real estate warrants" and other documents of title to be consistent, otherwise unable to mortgage registration.
2, the real estate collateral material to confirm the status of (existing home or identify the Qi Fang)
Real estate to confirm the basis of existing homes should be registered to complete the housing and land information, "real estate warrants", is this is the true realization of legal rights. We should not be "the completion", "home to permit" is the misconception that existing home, once the disposal of such housing, which implied indebtedness or other disputes may be exposed, the impact of the disposal of real estate collateral into cash.
3, the attributes of land use rights recognized
Land use rights, including compensation to sell the properties (transfer), the state-owned and collectively-owned land are allocated. The following circumstances may have affected the disposal of collateral:
(1) of land use rights for the original allocation of property. In addition to housing, real estate land for building permits by the industry for years, in accordance with provisions in the transfer may take back the land transfer.
(2) collectively owned land. To transfer of land to be first in national plans, to pay for land requisition, re-entering the paid transfer procedures.
4, in the main building works to pay the costs of confirmation
(1) fees. Including the sale of gold, moving Chaiqian Fei, supporting municipal fees;
(2) projects to pay. Attention to the construction of projects with the progress of the match payment; attention to projects of outstanding arrears of priority in the bank mortgage repayment.
The fee is generally recognized proof of payment by check, the identification of municipal matching that Takan image of the scene to understand the progress of works, this part of the cost paid by the division recognized the need to have a valuation of the construction cost of knowledge. In the works if a mortgage when the transfer, disposal, the general as "a whole tray," which is the assignee to pay costs of the transfer price to be determined to consider the factors, this is "the real estate collateral valuation guidance" stressed.
5, the other rights recognized
(1) mortgages, from the Centre on real estate transactions.
(2) rental right. To see the lease contract
(3) Property Rights. The cut-off of real estate adjacent water, drainage, access, ventilation, lighting and other rights. "General Principles of Civil Law," the rights of the implementation of the principle of "shall, in accordance with good production, for life, solidarity, the spirit of fair and reasonable," but in real life from the respective interests of all parties, often disputes, contradictions, sometimes Will also affect the disposition of real estate mortgage prices.
Third, the real estate collateral valuation de facto
1, the real estate collateral valuation de facto with particularity
Real estate prices is a dynamic prices, the timing of a strong, the valuation of de facto set is very important. The real estate collateral valuation de facto but also has special, collateral assessment first, and disposed of in the post. Bank loans from the loan period on the liquidity and generally divided into fixed capital loans, loans accounted for the majority of liquidity, loan period of six months to a year in general to the majority, that is the first disposal of real estate collateral to the period of six months after ( Including loan grace period, the litigation period, etc.), the operation of bank loans, mortgages disposal of real property at least a year later, not to mention the fixed asset loans. So will the real estate collateral valuation de facto set at the date of disposal, in theory can be, but the actual operation to grasp: on the one hand, the real estate market is gradually improving, laws, regulations, rules are perfect , A year ago and the policy background may vary greatly year after the other hand, the real estate market instability leads to instability in property prices, quantitative forecast a lot of time after the price increases the probability of distortion .
2, valuation practice of real estate collateral valuation de facto set
The valuation of real estate collateral will be de facto in the scene Takan period (now) more appropriate. Laws, regulations, rules, technical parameters, based on ownership and market reference case can easily find; In addition, the valuation report is usually valid for six months to one year. After a period, the valuation targets have to be re-evaluated. This also ensures that the real estate collateral valuation in the now de facto, from the disposal of long time is not indefinite. In examining bank mortgage loans to pay full attention to the real estate collateral valuation is valid.
Fourth, the real estate collateral valuation point of attention
1, the reference case should be amended, the valuation method should be cautious
General reference cases are cases transactions (Comparative Law in the market price of the deal, proceeds of the rent is the case). General large amount of real estate collateral, which will involve a short period of time forced to dispose of, the assessment to the case than an amendment to the Senate. Real estate mortgages and the general method of valuation of real estate valuation methodology underlying contract, but the valuation method should be selected to take the precautionary principle. Compared with the general residential market, the cost method; commercial office space and operating income of a plant and the cost method. Self-built factories in rural areas use their own cost method.
2, works in the mortgage valuation
In the works of mortgage prices, in the regular market price on the basis of deduction to the delivery of needed input into the cost of existing homes. Valuation practice is often easy to compare the reference case after the pre-sale prices as a direct mortgage prices. Pre-sale price of housing options is the price of the deal, which represents buyers in the future of a de facto Qifang can have full ownership, and the mortgage is a security device, the real estate collateral valuation is the actual price of the collateral valuation , The security value should be an objective reality. Qi Fang in the valuation of de facto set when the mortgage has not yet formed a functional integrity of the use value, it must be deducted to the delivery of needed input into the cost of existing homes.
3, the real estate collateral valuation risk revealed
(1) qualitative analysis of the objective of the policy background, the valuation of real estate object which regional characteristics and valuation targets in the region of the advantages and shortcomings, supply and demand, prices.
(2) when the potential disposal of the net cost analysis
Mortgage on the property subject to the land transfer fees, land transfer payment estimates.
Estimates of the arrears, including arrears and a construction project of arrears, in accordance with the payment provided by the contract and related charges, Yankan proof of payment, the Government has proved that estimate.
Disposal of taxes and fees for mandatory estimates, including legal fees, auction fees, auction before the assessment fees, transfer of business transaction taxes, transfer fees.
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