The most common loan business of commercial banks is real estate mortgage loan business, which is risky, so it is also the best paper for beginners to write. Regarding the risk prevention of real estate mortgage loan, because the risks of credit loan and guarantee loan are relatively large, the collateral of machinery and equipment mortgage loan is difficult to dispose of and realize, and real estate mortgage loan has the advantages of easy disposal and realization of collateral, great appreciation potential and flexible disposal method, so real estate mortgage loan has always been regarded as a mortgage loan model with high safety factor and is sought after by banks. However, with the depression of the housing market and the global financial crisis triggered by the subprime mortgage crisis in the United States, the hidden risks are gradually exposed, especially at present, the real estate mortgage loans of rural credit cooperatives in China account for a large proportion, which involves many links and is highly professional. In the actual operation process, if we do not pay attention to the risk points, it is very likely to produce loan risks, so it is necessary to analyze and prevent them to ensure the safety of loans. 1. Risk point of current real estate mortgage loan of credit cooperatives (1) External risk 1. Assess risks. With the development of economy, there are more and more assets that can be used as collateral at present, and the industry span is large. Therefore, for the assessment of collateral, banks have turned to assessment agencies. However, driven by interests, some assessment agencies do not hesitate to issue false assessment reports. When the borrower applies for a loan, the appraisal fee is paid by the borrower, and the appraisal institution may intentionally raise the appraisal price of the property so that the borrower can apply for more loans; When the bank auctions the mortgaged property, the appraisal agency will deliberately depress the appraisal price of the property. 2. Lease rights resist risks. First, the collateral is difficult to dispose of. According to the principle of "buying and selling does not break the lease", if "rent first, then arrive", even if the borrower fails to repay the loan on time, it is difficult for the credit cooperatives to deal with the mortgaged property because the lease is still valid. Second, rental income is difficult to obtain. Before signing a loan contract with the bank, if the borrower signs a long-term lease agreement with the lessee of the mortgaged property, the lessee is required to pay the lease fee in one lump sum; Or the borrower rents the house to related parties at a rent significantly lower than the market price, even if the credit cooperative obtains the property right, it is difficult to obtain the rental income for repaying the loan. 3. Register risks. First, false registration. Mortgage loans need to be registered with the competent authorities to ensure the effectiveness of the loan contract and the priority of repayment. However, at present, there are problems of repeated registration and false registration certificates issued by individual personnel in the registration department, which leads to the credit cooperatives being unable to confront the third party in the event of loan disputes and their rights and interests cannot be protected. The second is the risk of "gambling on one thing". China's "Guarantee Law" stipulates: "If the value of the mortgaged property is greater than the balance of the secured creditor's rights, it can be mortgaged again, but it shall not exceed the balance." Once the borrower mortgages the property to several banks, it will be difficult to dispose of the mortgaged property once it goes bankrupt. 4. Give priority to risk compensation. China's "Guarantee Law" stipulates that mortgage loans can be given priority after they are registered with the competent authorities. But there are exceptions. First, the construction project price takes precedence. The Supreme People's Court's "Fa Shi [2002] 16" clearly pointed out that according to the provisions of Article 286 of the People's Republic of China (PRC) Contract Law, the priority of the contractor for construction projects is superior to the creditor's rights such as mortgage. The second is tax priority. Paragraph 1 of Article 45 of the Measures for the Administration of Tax Collection stipulates: "Tax collection by tax authorities takes precedence over unsecured creditor's rights, unless otherwise stipulated by law." This provision shows that as long as the taxpayer's tax default occurs before the taxpayer sets a guarantee with his property, that is, the taxpayer defaults the tax first and then sets a guarantee with his property, then the tax takes precedence over the private right of the security right. 5. Value risk of collateral. Due to the development of market economy, commodity prices fluctuate frequently, especially in recent years, the real estate price has risen sharply, the current property market is depressed, the real estate value is difficult to grasp, and there are great market risks. The current subprime mortgage crisis in the United States is a good example. 6. Liquidation risk. First, the realization cost is high. The disposal of collateral generally goes through several stages, such as prosecution, evaluation and auction. And the cost of each stage must be paid in advance by the credit union, plus the principal and interest, which often leads to the problem of insolvency. Second, it is difficult to realize, especially with township real estate as collateral. Due to the restriction of homesickness, affection and other concepts, when the collateral is auctioned, there are often situations where people want to buy but dare not buy. Third, it is difficult to implement. Due to the weak sense of honesty and law of some lenders, when there are risks in their business, they begin to secretly sell mortgaged properties at low prices, while some people actually take possession of them after signing sales agreements privately because of their greed for petty gains. Although this situation is not protected by law, it has little effect in the lawsuit of credit cooperatives, and there are often cases of winning the case and losing money. In addition, the Provisions of the Supreme People's Court on People's Courts Seizing, Seizing and Freezing Property in Civil Execution promulgated at the end of 2004 stipulates that the residential houses necessary for the life of the executed person and his family members can only be seized, and cannot be auctioned, sold off or paid off. In reality, the borrower's mortgage house is generally the living room, even if there is an extra house, it is difficult to separate from the living room. Therefore, many credit cooperatives do not take this into account when lending, and often cannot dispose of collateral in the end. At present, cases of illegal counterfeiters using fake real estate licenses to defraud loans also occur from time to time. In a credit cooperative, the borrower forged the real estate license and other warrants to defraud the loan 1 10,000 yuan. (2) Internal risks. 1, poor risk awareness. Due to the long-term concept of low risk of mortgage loan, we have relaxed our vigilance from loan investigation, review and post-loan follow-up, lax control and lack of risk prevention awareness. 2, the sense of responsibility is not strong. When handling mortgage loans, individual loan officers only look at (or even don't review) all the warrants of collateral, and then customers register with relevant departments themselves, and customers will directly issue loans with other warrants. It is precisely because of this practice that fake documents and fake registrations emerge one after another. 3. Post-loan management is lax. Due to the lack of risk prevention and sense of responsibility, some credit officers simply do not follow up after lending, resulting in the collateral being stolen and transferred without being aware. It is precisely because of lax post-loan management that when collateral deteriorates and its value decreases, measures are not taken in time, which eventually leads to the risk of loan. 4. Lack of relevant legal knowledge. Today's economy is an economy ruled by law. If you don't know the relevant legal knowledge, it will often lead to invalid mortgage or failure to achieve priority compensation. II. Relevant preventive measures 1 to enhance the awareness of risk prevention. Change the misconception that mortgage loans are risk-free or low-risk, reasonably evaluate the risk degree of mortgage loans, enhance the awareness of risk prevention, strictly control all aspects of the "three inspections" of loans, formulate corresponding rules and regulations, and strictly operate procedures to minimize the risk of mortgage loans. 2. Strengthen professional knowledge training. Strengthen the professional knowledge and relevant laws and regulations training of credit personnel and handling personnel, and improve the professional quality and level of credit personnel. It is necessary to strengthen the analysis of some typical cases and take a warning. At the same time, it is necessary to strengthen the training of credit personnel on real estate knowledge and improve their comprehensive ability of market evaluation and judgment. 3. Pay attention to the borrower's first repayment source. When issuing real estate mortgage loans, we should not only consider the adequacy and liquidity of the borrower's collateral value, but also pay attention to the main repayment sources, make financial analysis, cash flow analysis and non-financial analysis of the borrower, and often check the borrower after lending, dynamically reflect the loan form, fundamentally improve the quality of real estate mortgage loans and effectively prevent the risks of real estate mortgage loans. 4. In-depth investigation before lending. General lease items are not mortgaged. If it is a mortgage, the lessee must promise to give up the preemptive right and investigate the payment method of the lease. When the agreement to own the property is signed, the rent will be collected by the credit union. For all the properties of * * *, the credit cooperatives should know the details of the property * * *, and require all the properties to be signed by someone * * *. For mortgage loans for projects under construction, the borrower shall be required to set up a basic deposit account in this institution, and the current payment shall be handled through this institution, and the borrower's fund usage shall be monitored at any time. At the same time, it is necessary to investigate the actual number of real estate of the borrower in detail to see if there is any fraud. If there is only one set of residential housing, the credit cooperatives shall be required to provide mortgage and housing guarantee when disposing of mortgage. 5. Strengthen communication between relevant departments. Actively strengthen contact with housing management offices, land and resources bureaus and other registration departments to prevent false documents and false registration. Conditional banks can directly connect with the above-mentioned registration departments. If the conditions are insufficient, they can designate a special person to handle the registration, and the special person can take the documents and cross-handle them to prevent forgery and fraudulent loans or internal crimes. 6. Strengthen post-loan management. Strengthen post-loan management, establish a regular or irregular post-loan tracking and inspection system, pay close attention to the customer's business situation, capital flow situation and collateral situation, and take corresponding measures in time once problems are found, and strive to resolve loan risks or minimize risks.

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