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<> "Real estate mortgage risks mainly include the following aspects:1Market Risk:
Fluctuations in the real estate market** may result in a decrease in the value of the collateral, making it impossible to guarantee the safety of the creditor's borrowing interest and principal. 2.Credit Risk:
The borrower has insufficient repayment ability, overdue repayment or even defaults. At this time, the creditor relies on the collateral to ** loss, but if the value of the collateral falls significantly, the creditor may suffer a certain loss. 3.
Legal risks: If the mortgaged property has property defects, registration errors or demolition, etc., it may lead to the creditor being unable to obtain the property smoothly, so that the loss cannot be compensated. 4.
Technical risk: There are discrepancies in the appraisal and valuation of the mortgaged property, and the collateral that the creditor ultimately receives may not match expectations. 5.
Financial risk: The borrower has to add to the debt burden on the collateral, while also paying interest and other additional fees, which may lead to an excessive debt burden that will not be able to repay the creditor as agreed.
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1.default risk, including forced default and rational default;
2.liquidity risk, i.e., the risk that it is difficult to liquidate funds in short-term deposits and long-term loans;
3.Economic cycle risk, that is, the risk that arises in the process of repeated fluctuations in the overall level of the national economy;
4.Interest rate risk, i.e. the risk that changes in the level of interest rates bring to the value of a bank's assets.
[Legal basis].Article 410 of the Civil Code.
If the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the discount of the mortgaged property or the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement. If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property.
If the mortgaged property is discounted or sold, it shall refer to the market**.
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Risks of property mortgages:
1. Assess risks;
2. Lease right to resist risks;
3. Registration risk;
4. Priority compensation risk;
5. Collateral value risk;
6. Realization risk.
1. What are the methods for identifying the financial risks of mergers and acquisitions?
There are ways to identify a business and conceal the financial risks of a purchase:
1. Leverage analysis is a narrow financial risk measurement method, which mainly identifies the level of financial risk by calculating the leverage coefficient, and its indicators include financial leverage coefficient and asset-liability ratio;
2. The EPS method mainly measures the expected change in the earnings per share of the purchased enterprise before and after the merger and acquisition, and is a measurement method of financial risk in a broad sense;
3. The equity dilution method mainly compares the changes in the equity structure of the original shareholders before and after the merger, which is a broad measurement index of the financial risk of the merger and acquisition;
4. The cost-benefit method refers to the comparison of the cost-benefit level of mergers and acquisitions, which is a broad measurement method of the financial risk of mergers and acquisitions;
5. The cash stock method refers to comparing the expected cash stock level of the enterprise before and after the merger to see whether the cash level is the best and safest. The commonly used method is to calculate the cash flow asset ratio and the cash total asset ratio;
6. Model analysis refers to the general method of judging the financial risk of mergers and acquisitions through the construction of statistical and mathematical mold osmosis. The most common method is to build a regression analysis model to determine if a business is facing excessive financial risk.
2. What risks does the transferee need to guard against in the equity transfer agreement?
In the equity transfer agreement, the transferee needs to guard against the following risks:
1. The target company may have liabilities, including undisclosed external guarantees, potential contract breaches, and other general debts that are due or unmature;
2. Legitimacy risks of equity mergers and acquisitions;
3. There are inevitable policy risks due to the fact that the real estate project has not obtained the four certificates or the four certificates are incomplete, or the expected projects that are still being declared;
4. Defect risk in pre-planning and pre-construction;
5. Risks in the performance of equity merger and acquisition agreements.
3. What are the risks of pledge?
Equity pledge is a pledge of rights, including both the equity pledge of a limited liability company and the equity pledge of shares.
**The risks of staking are:
1) Market risk.
2) Interest rate fluctuation risk.
3) The risk of insufficient performance guarantees.
4) Early repurchase risk.
5) Default disposal risk.
Article 22 of the Measures for Loan Guarantee of the Chinese Construction Bank stipulates that when a borrower applies for a loan from CCB by way of mortgage, the borrower or a third party shall provide qualified collateral to CCB.
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<>1. Risk of default.
Even if the mortgagee is a bank, there is a risk of default when the borrower applies for a real estate mortgage, and the default risk includes forced default and rational default. Forced default means that the borrower is forced to default due to some reasons of his own because of insufficient ability to pay, which indicates that the borrower has the willingness to repay but has no ability to repay. Rational default refers to the borrower's voluntary default, and equity theory holds that in a well-established capital market, the borrower can make a decision about whether to default or not only by comparing the size of the equity in his or her housing with the size of the mortgage debt.
2. Liquidity risk.
There are some risks associated with real estate mortgage loans, including liquidity risk, which refers to the risk that short-term deposits and long-term loans are difficult to realize. Nowadays, the liquidity risk of real estate mortgage loans is reflected in the fact that China's housing loans are mainly provident fund and savings deposits, and the savings deposits absorbed by banks are short-term deposits, generally only three or five years, while housing mortgages are long-term loans.
3. Economic cycle risk.
It is relatively rare to be noisy about the risk of the economic cycle, which refers to the risk generated in the process of repeated fluctuations in the overall level of the national economy, and the real estate industry has a higher sensitivity to the economic cycle than other industries.
4. Interest rate risk.
Interest rate risk is understood by everyone, which refers to the risk brought by the change in the interest rate level of the loan to the asset value of the bank. Interest rate risk is determined by the capital structure of its business, short-term deposits and long-term loans, and fluctuations in interest rates will bring losses to banks whether they rise or fall. If the interest rate is **, the interest rate of the residential mortgage loan is also raised, it may increase the borrower's repayment pressure, the higher the borrowing amount, the longer the loan term, the greater the impact of the increase, thereby increasing the risk of default.
To mortgage the property, you need to apply for a mortgage at the housing authority with the ID cards of both borrowers and borrowers, the personal loan mortgage contract and the real estate certificate. >>>More
The procedures for applying for a mortgage are as follows: >>>More
1.Submissions;
2.Housing trading floor acceptance materials; >>>More
The registration of real estate mortgage is a statutory act performed by both parties to the mortgage in accordance with the legal procedures of the real estate registration agency in order to make the mortgage valid. The purpose of the mortgage registry is to ensure security. The purpose of creating a mortgage is to ensure the safety of the funds of the main creditor's rights, and the rights of the mortgagee can be protected through the legal procedure of registration. >>>More
Buyers can find the relevant real estate department to inquire about the relevant files, generally buying and selling or mortgaged houses, the files can be found in the real estate department, so you only need to bring the relevant documents to the real estate department to check whether your house is set up mortgage. In addition, when buying a house and signing a contract, you should read the house title certificate clearly. In general, the house without a mortgage is empty in the "other rights" column of the real estate certificate (that is, the name of the owner, the address, the area, etc.), and if it is a mortgaged house, it is recorded in the real estate certificate. >>>More