Judging from the problems found in banking practice, the risks of bank mortgage loans mainly exist in the following four aspects, as follows:
(1) The risk that mortgage priority of bank loans is difficult to realize. Mortgage is a real right for security based on the contractual agreement between the commercial bank and the borrower (or the third party providing mortgage guarantee for the borrower), behind which is the legal priority based on the exercise order directly stipulated by law. Once the legal priority meets the mortgage priority in loan examples, the mortgage priority is relatively low, which may lead to the loss of the guarantee of bank loan claims to some extent or even completely, that is, the loan claims are suspended.
(B) the risk of poor review in the process of bank loans. Article 36 of the Law on Commercial Banks stipulates that commercial banks have the legal obligation to strictly examine the ownership, value and feasibility of collateral, so as to ensure that the collateral's guarantee function for loans can be effectively and fully exerted. In practice, there are many operational problems and great risks in the bank loan mortgage review business. The outstanding problems and risks mainly include: first, the loan ownership is misplaced; Second, the overvaluation of collateral directly causes loan risk; Thirdly, the feasibility of mortgage exercise has a significant inverse proportional impact on the loan risk.
(3) Legal risks of mortgage registration of bank loans. Risks of signing contracts and mortgage registration. In practice, the outstanding risks in signing and mortgage registration mainly include: first, the risk that the loan contract or mortgage contract is invalid; Second, there is no registration or no risk of registration; The third is the risk of repeated registration; The fourth is the risk in loan repayment or loan creditor's rights transfer business; The fifth is the risk of "two certificates" of real estate mortgage.
(4) Management risk of bank mortgage loan. Because mortgage is a security interest that the mortgaged object does not transfer possession, after the mortgage is effectively set and the loan is issued, the mortgage is still occupied by the mortgagor. The physical existence form, value form and mortgage maintenance of collateral have great influence on the actual and legal effectiveness of collateral, so the management of collateral faces great risks. The risks faced in the practice of post-loan mortgage management mainly include: the risk that the mortgagor will dispose of the collateral at will because of the weak credit concept and legal concept; Risk of collateral loss; The risk of losing mortgage restrictions; The risk that the mortgage is illegally ruled invalid; Risks of applying the principle of "creditor's rights go with assets" and the rule of "ex-rights period" in enterprise restructuring.
What is the impact of enterprise loan guarantee on banks? Encountering these situations has a great negative impact!
At present, the audit of applying for loans from banks is still relatively strict. If the loan applicant has low income and poor credit information, it is often difficult to meet the needs of bank loans. In this case, by providing a third-party guarantee, the loan success rate is higher. What impact does the loan guarantee of enterprises have on banks? Let's get to know each other.
What is the impact of enterprise loan guarantee on banks?
If the enterprise provides guarantee services for bank loans, then in terms of liabilities, loans will also be reflected in the enterprise's credit report. If the enterprise itself wants to apply for a loan, the lending institution will include the secured loan under the enterprise's name into the enterprise's liabilities according to a certain proportion, resulting in a decrease in the enterprise's own loan amount.
If the borrower fails to repay the loan, the borrower will leave a bad credit record overdue and the credit of the guarantee enterprise will be damaged.
In addition, the guarantee enterprise also needs to bear the repayment responsibility. If it is a joint guarantee, the lending institution can directly ask the guarantee enterprise to repay.
If it is a general guarantee, it depends first on whether the borrower has assets and collateral. If the collateral is enough to cover the loan principal and interest, then the bank will not pursue the responsibility of the guarantee enterprise. If the collateral is insufficient, the remaining balance after the auction of the debtor's assets needs to be borne by the guarantee enterprise.
If the enterprise's own capital flow is tight and unable to repay, the credit of the enterprise will become worse. In the future, enterprises that want to apply for loans or credit cards will be rejected by lending institutions.
As for the influence of enterprise loan guarantee on banks, I think everyone has understood it clearly. It is difficult to terminate the guarantee contract after signing, and it needs the consent of the bank, the guarantee enterprise and the borrower to withdraw. When enterprises provide guarantees for bank loans, they must examine the borrower's situation in many aspects and treat it with caution.
How do enterprises avoid the risks brought by bank loans?
When enterprises choose bank loans, it is important to choose the appropriate loan types, loan costs and loan conditions. In addition, they should avoid risks from the following aspects:
1. Banks have different policies on their loan risks, and some tend to be conservative and are only willing to bear smaller loan risks; Some are pioneering and dare to take on greater loan risks.
2. Bank's attitude towards enterprises: Different banks have different attitudes towards enterprises. Some banks are willing to actively provide advice to enterprises, help analyze the potential capital problems of enterprises, and provide good services, and are willing to issue a large number of loans to enterprises with development potential to help enterprises tide over difficulties when they encounter difficulties; Some banks rarely provide consulting services, and when they encounter difficulties, they put pressure on enterprises to pay off their loans.
3. Special procedures for loans: Some big banks have different specialized departments to handle loans of different types and industries. Enterprises will benefit more from cooperation with these banks with rich professional loan experience.
4. Stability of banks: A stable bank can guarantee that the loans of enterprises will not change in the middle. The stability of a bank depends on its capital scale, fluctuation of deposit level and deposit structure. Generally speaking, the capital is abundant, the fluctuation of deposit level is small, and the stability of time deposits is better than that of major banks, and vice versa.
What are the risks of mortgage loans of commercial banks and how to prevent them?
Judging from the development of China's commercial banks, the risks faced by China's commercial banks are concentrated in credit risk, market risk, operational risk and liquidity risk.
1, credit risk
Credit risk, also known as default risk, refers to the possibility that creditors will suffer losses because the counterparty (debtor) is difficult or unwilling to perform repayment. Bank credit risk mainly refers to the risk of bank loan loss caused by the debtor's failure to repay the loan in full as scheduled. Credit business is the traditional and main business of banks. Banks are the credit center of society and the concentration of credit risks. Therefore, under the condition of modern credit economy, the credit risk faced by banks is a prominent risk, and the losses brought by credit risk to banks are also huge.
2. Market risk
Market risk refers to the risk that the bank's on-balance sheet and off-balance sheet business will suffer losses due to adverse changes in market prices (interest rate, exchange rate, stock price and commodity price). Market risk exists in the transactions and non-transactions of banks. The Basel Committee defines market risk as the risk of loss of positions inside and outside the balance sheet due to changes in market prices.
3. Operational risk
According to the types of risks, operational risks can be divided into four categories, namely, internal operational processes, human factors, institutional factors and external events. According to the risk factors, it can be divided into seven types, including: internal fraud; External fraud; Safety issues in employee activities and workplaces; Security issues of customers, products and business activities; The physical assets maintained by the bank are damaged; Business interruption and system error; Administration, delivery and process management, etc.
4. Liquidity risk
Liquidity risk is one of the main risks faced by commercial banks in China. With the increasingly open financial market, once the liquidity risk turns into a liquidity crisis, it will cause irreversible losses. Compared with credit risk, market risk and operational risk, the causes of liquidity risk are more complex and extensive, and it is usually regarded as a comprehensive risk.
According to the risk analysis of loan mortgage, we can guard against risks from the following aspects.
① Strict audit. Strict examination of collateral, property right relationship, mortgage contract and related documents is the fundamental measure to prevent loan mortgage risk.
For the collateral itself, the credit personnel should review the authenticity of the collateral title certificate and verify the authenticity of the collateral (such as houses and land use rights) corresponding to the title certificate through field visits; Secondly, credit officers should also review the collateral in strict accordance with relevant laws and regulations to see whether the collateral is allowed by relevant laws and regulations and whether it belongs to the scope of collateral allowed by banks.
For the property right relationship of collateral, if it is owned by * * * (such as a house), there must be a power of attorney from other * * * people who agree to mortgage, and if it is the property of a partnership enterprise, there must be a power of attorney from other partners who agree to mortgage. If it is the collateral of state-owned enterprises and collective enterprises, there must be a certificate of authorization from the competent SASAC and the workers' congress to agree to mortgage; If it is the collateral of a limited liability company or a joint stock limited company, there must be an authorization certificate that the shareholders' meeting or the board of directors agrees to mortgage according to the company's articles of association.
For all kinds of certificates of collateral, the credit personnel must strictly examine and require the relevant certificates to be complete. This requirement must be determined according to the specific collateral. For example, the mortgage of imported cars requires many procedures, such as operation license, product certificate, purchase and sale contract, customs declaration, invoice and so on.
For mortgage contracts, credit officers must strictly examine the relevant conditions of the loan contract, especially its additional effective terms and the business scope of the borrower's business license. In addition, it is particularly important to note that the validity of the mortgage contract must cover the validity of the loan contract.
(2) Do a good job of registration. According to the guarantee law, real estate, trees, aircraft, ships, vehicles, enterprise equipment and other movable property need to be registered according to law, and the mortgage contract will take effect from the date of registration. Therefore, when handling mortgage loans, banks must pay special attention to whether the collateral needs to be registered before it can take effect. In addition, it is necessary to confirm whether the loan contract and guarantee contract need to be notarized according to relevant laws and regulations.
③ Do a good job in value evaluation. Collateral value evaluation is the most commonly used means to prevent mortgage loan risks. To this end, banks should first establish a complete set of internal management system for collateral value evaluation and carry out collateral value evaluation on a regular basis. Units with conditions and needs should also establish a daily mark-to-market system and pay attention to personnel training in this area. Secondly, we should strengthen the contact, understanding and evaluation of asset appraisal companies to prevent the fraud risk in the outsourcing of collateral value appraisal business. Thirdly, we can't completely ignore the government departments that issue mortgage property certificates, especially analyze the possibility that borrowers bribe key personnel of government departments to issue false property certificates or repeat mortgages.
④ Do a good job in asset preservation. Asset preservation of bank loans involves the disposal of collateral. In the case of default by the borrower, the bank should seal up the collateral in time to protect its rights as the first beneficiary. When disposing of collateral, efforts should be made to coordinate the relationship with relevant stakeholders, fully consider disposal costs, taxes and interest losses after loan default, and prevent the risk of selling collateral cheaply.
Extended data
The operational risk management of banks involves not only the internal procedures and processes of banks, but also the organizational structure, policies and operational risk management processes of banks. For institutions, there should be appropriate policies to deal with operational risks. First of all, we must determine these policies and inform the employees of the whole bank. In this process, we should consider several aspects: first, we should have a clear governance structure and know who to report to under what circumstances.
In a typical bank case, there should be a separate credit risk management organization, and different business departments should be responsible for the daily business management, that is, there are two reporting mechanisms to report the daily business situation to the managers of such business departments respectively;
As for credit, it must be reported to the relevant credit manager. There is also a very important point in the information involved in banks, that is, the people who get the information and the details of different levels of information. For example, what the board of directors needs is a common information, and it is impossible to give everyone the same information. In addition, information should be flexible and flexible methods of collecting information are needed.