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polo ralph lauren pas cher Real estate mortgage -related collateral assessment and risk analysis

real estate collateral of mortgage-related assessment and risk analysis

----- Hankou Bank staff training seminars on the statement

thanked Hankou Bank to provide a leadership opportunity to communicate with you, Hankou Bank is a dynamic bank, Canglongwohu, highly educated high-quality talent gathered, we usually also have a very good professional practice, not to mention the lectures, and we to discuss it. Arrangements in accordance with the leadership of today talk about micro-targeted areas of real estate-related knowledge, we want to benefit the work I do today manuscript, we are not used for notes, from memory to you on the series content, since that is not Terms will be missed, we should not surprised, this is my profession, industry specializing in surgery, inappropriate, but please bear with me.

assessment of the first mortgage

relevant points about Overview

one, how to quickly read a valuation report

read the report: 1, first understand the basic valuation issues. 2, to understand the value definition. 3, methods and techniques to understand ideas. 4, failure to see the whole basis of valuation, assuming constraints, special instructions. 5, the estimates process. 6, the valuation results

A, the cover
B, catalog
C, caused by the commissioning party letter (point, object, purpose, results, sign, seal)
D, appraisers statement
E, assuming and restrictions: ① shows incomplete (assessment, industrial real estate for commercial purposes, assume that ... ...); ② other rights (the impact of the mortgage on the assets); ③ special treatment (data not identified special treatment) ; ④ of warrants (evidence is inconsistent with the purposes, property rights, other rights are assessment,polo lacoste, transfer of land beyond the maximum period of treatment, such as: business to be 40 this year, license contains 70 years, according to the 40-year deal, the transfer of land allocation instructions).
F, valuation report on the results
(1) client (usually correct)
(2) Valuation side (to see if super-assessment)
(3) valuation of the object: location, physical equity. ① area before and after the match, and do not meet the division's total area; ② property status: land rights, nature (collective or state-owned), transfer period, transfer dates, the remaining number of years, without dispute, other rights, joint ownership, whether for the allocation of land. ③ planning conditions: change of use, expansion and other changes in circumstances. ④ renovation of the building in detail, especially for commercial purposes. ⑤ buildings built time, have life, useful life, remaining useful life. ⑥ land use, building use, the use of different floors. ⑦ valuation of the object description is not comprehensive, the lack of a direct effect on the price of important content.
(4) valuation purposes;
(5) valuation point (corresponds precisely with the purpose of valuation to month, day)
(6) value is defined (and the corresponding value for the type of standard conditions)
(7) valuation basis (laws and regulations, technical basis, the valuation provided by commissioned officers and control the information collected)
(8) valuation principles.
(9) a description of valuation method (choice of methods, definitions and methods of valuation of ideas, often with incomplete)
(10) Valuation results (unit price, total required capital, related to allocation of land, the land revenue should be shown separately, the corresponding point should involve foreign currency exchange rate when converted into yuan). Adjusted for non-quantifiable factors, and explain its reasons in the report.
(11) the valuation officer (stamp, signature)
(12) the date of valuation work.
(13) the application is valid valuation report (and the real estate market changes, changes in short fast is valid, otherwise L).
G, valuation technical report (filed with the relevant departments to stay agency review, reflecting the quality of reports)
(1) background of regional factors and the market refer to the situation in the region of similar real estate
(2) ; information, including past, present and future (the last time the information can not be separated for too long, the future of the market and point to the corresponding forecast)
(3) individual factors, regional factors, market analysis and calculation of the background process of the three The value should correspond
(4) information must be objective, truthful, references information should be marked, the wording is necessary to regulate, not exaggerated
(5) highest and best use analysis: should indicate room real estate situation and planning requirements, valuation purposes to determine the
(6) the choice of valuation method: ① ② idea of ​​the reasons for the methodology used method ③ ④ method is suitable for the conditions and scope of
(7) estimates the process
H, valuation results to determine: there must be discussion, there are shows that there is sufficient reason, to comply with the general provisions, consistent with the results reported .
I, accessories: including institutional qualification, property valuation of the object information, the valuation officer qualification certificate copy, applying the relevant technical data, reflecting the valuation of the object status information

Second, the real estate valuation basis

Supreme People's Court on the application,

Ministry of Construction, People's Bank of China, China Banking Regulatory Commission on Regulating the business of credit with the bank's real estate collateral valuation management related to the issue of notice (construction of housing [2006] 8)

Third, the real estate valuation methods

The relationship between the various methods


① various methods of data uncertainties, different perspectives, limitations, and use, confirm each other.
② The method is essentially the same, are more law deformation

line valuation techniques and valuation methods
1, the market comparison approach. Price formation process: the normal real estate real estate market is the most likely on the open market and prices, or is recognized by most buyers and most of the sellers price. Therefore, a
2, the cost method. Is not obtained directly through the market valuation of the object's normal market circumstances, we can object to the valuation of real estate prices component of the decomposition, to understand the various components of the normal market price, and then accumulate (Totalizer) as a valuation of the object normal market price. The price formation process: real estate prices is determined by its cumulative value of the components made.
3, income approach. Is the real estate as an investment, the investment in the future can be discounted net cumulative of all, the results should not be less than the amount of investment, valuation of the object with the results as real estate prices. Its technical route is: the price of real estate is now available from the future earnings of real estate decisions.
4, assume that the development method. Technology roadmap: the price of real estate is not completed after the completion depends on its price and never completed the final stage of the investment needed to increase and the corresponding taxes.

Fourth, the data collection. Data reflect the formation of price factors, which factors affect the price which would collect information (on the extent, direction, different relationships, there must be specific)
collect valuation information are required: ⑴ real estate prices general impact of information; ⑵ valuation of the object area of ​​real estate price-sensitive information; ⑶ similar real estate transactions, cost, revenue instance data; ⑷ valuation of the object reflects the status of information.
reveal the leased office space such as the income method of valuation to be used, you need to collect the area available for rental, rent levels, vacancy rates and operating costs; such as a piece of land intended for use in the valuation method assumes that the developer is required collect limited use planning, building height, floor area ratio, planning and design, the proposed development expenses.
collect information through the following: ⑴ provided by the client; ⑵ Shidechakan; ⑶ access to the relevant government departments; ⑷ ask the parties concerned, consulting companies.

1, General Information:
(1) Project information: ① valuation purposes (the commissioning party to provide); ② Basic Principal (legal person, address, telephone number);
③ project-related documents.
(2) valuation point of the real estate market conditions information: ① general; ② regional; ③ this type of real estate information (business, special properties)
(3) ; valuation of the object status information: land, housing location, size, the right situation ... ...
(4) valuation of the object information on regional conditions: ① traffic. ② environment. ③ prosperous level. (5) the relevant laws, regulations and policies.
2, a different valuation method should the primary data collected
(1) the market comparison approach: ① transaction instances and examples of the real estate situation. ② trading price differences between different information. ③ real estate price index and exchange rate information. ④ real estate conditions of the revised technical information.
(2) cost method: ① land acquisition cost information. ② land development and housing construction data. ③ overhead information. ④ interest rates, profit margins, taxes and other standard information. ⑤ building into a new degree, re-purchase price of construction materials. ⑥ building depreciation information.
(3) Income method: ① valuation of the object or similar real estate operating income or rental income real estate information. ② valuation of the object in real estate and operating expenses like real estate information. ③ depreciation, residual income years are included. ④ capitalization rate information.
(4) assuming the development of law: ① the current competition of similar real estate market conditions, future trends. ② price of similar real estate market. ③ similar project development cycle, development costs. ④ profits or gains of similar project development information. ⑤ discount rate to determine the relevant information.

five, several important concepts
1, can be regarded as real estate, equity and regional integration.
① kind can be divided into physical entities and their quality, the combination of three aspects of the function to complete.
② rights, including rights, interests and benefits. The existence of an easement will reduce the value of land.
③ the same two physical condition of real estate, if the interests of different, its value may be very different.
④ two real estate interests in the same situation, if a different kind, its value may be very different.
⑤ two conditions are the same in kind and real estate interests, if the location is different from its value may be very different.
2, adjacent relationship, from the obligation to respect, is real estate ownership, the right to use a limit.
3, a well situated location, the building is also very good real estate, may be due to a shorter useful life and value of land is very low.
4, there are land use for a period of real estate prices in the long run its price tends to decline.
5, from the perspective of society as a whole, the land's natural supply is perfectly inelastic; but for certain specific uses, land supply is elastic.
6, in assessing the investment value of the discount rate used is the minimum required by a single investor rate of return.
7, in real life, more often than the floor price of land price to better reflect the level of land prices.
8, law of diminishing returns is for a land, and in the intensity of use of the parcel (such as the construction layers, height, floor area ratio, size) exceeds a certain limit, the benefits begin to decline.
9, land and land area the size of the relationship is variable. In general, in the city downtown area more sensitive to the size, and in the suburbs or rural areas are relatively low.
10, from a longer-term perspective, real estate prices is higher than the general price rise rate and national income growth rate.

six, real estate valuation principles:

legal principles: the object must be to evaluate the use of legitimate, legal transaction or legal action on the premise.
1, the legitimate property rights. Valuation when the valuation of the object must be confirmed with the legitimate property rights. Valuation of the object can not confirm the legitimacy of property rights case to be described in the valuation report concluded that the valuation process and valuation of the object in the assumed case of a legitimate property right is valid
2, use is legal. Should be based on urban planning, land use controls as the basis. If urban planning provides a case of land use, building height, floor area ratio, building density, etc., then the valuation of the parcel must meet these requirements for its use as a precondition. If urban planning provides for the case of land for residential purposes, even from its located position, the surrounding environment point of view, suitable for use as commercial land, but the premise must be to value residential purposes; unless the application is changed to commercial use, and can approved.
3, legal transaction or legal action. Disposal methods including the sale, lease, mortgage,polo ralph lauren pas cher, debt, gifts and so on. Such as mortgages: ① laws and administrative regulations shall not be mortgaged real estate, it can not be secured for the purpose of valuation the valuation of the object, or value of such property without collateral. ② Set the real estate mortgage by way of transfer of land use right is obtained, according to real estate auction, the proceeds from the auction price should be paid the equivalent of the land use right payable in the amount of transfer payments, the mortgage before the priority repayment. ③ mortgaged property after the property's value is greater than the balance part of the secured claim can be re-secured, but shall not exceed the balance section.
4, other aspects, such as assessment of the price must be consistent with national pricing policy. For example, the assessment of the government or government guidance pricing of real estate, should follow the government or government guidance pricing.

highest and best use principle: that the law permits, is technically possible and economically feasible, maximize the value. Including best use, optimum size, the best intensive degree.
1, the law permits. For each potential use, first check whether it is permitted by law.
2, is technically possible. For each potential use, the other to check whether the technical implementation, including the performance of building materials, construction techniques and so on.
3, economically viable. Test the economic viability of general practice: For each use, the first estimate of its future revenue and expenditure flows, and this flow of future revenue and expenditure with the present value of that, and then compare them. Only the present value of income is greater than the present value of the used support it with economic feasibility.
4, to maximize the value. ① principle of diminishing returns increase. Can help us determine the best and best-scale intensive degree. ② balance principle. The internal elements of the real estate portfolio is balanced to determine whether the highest and best use. It can help us determine the best and best-scale intensive degree. In terms of buildings and land in combination, more buildings and land, if too large or too small, or too high or too low grade, then the combination of buildings and land is not equilibrium, the utility of the lack of effective real estate play, thereby reducing the value of real estate. ③ suitable principles. Whether real estate is coordinating its external environment to determine whether the highest and best use.
highest and best use principle requires an assessment of value should be used in a legal manner, using a variety of possible ways to get the most use of the valuation results. Such as: a case of real estate, urban planning regulations only be used for commercial purposes, can be used as residential uses, commercial uses if the uses to achieve the greatest gains, the valuation should be based on the premise commercial purposes; the contrary, should be residential or commercial use and mixed-use residential premise. But when a valuation of the object has been used, the valuation shall be based on the principle of highest and best use valuation premise of doing one of the following judgments and choices, and are described in the valuation report:
1, maintain the status quo premise. Existing buildings should be preserved conditions are: the status quo is greater than the value of new real estate real estate value minus the cost of demolition of existing buildings and construction costs of new buildings after the balance.
2, renovation premise. Renovation, but that does not use could then be converted using the most favorable, should be converted to use renovation but not to be used as a precondition for re-valuation. The conditions are: After the renovation is expected to increase real estate value is greater than the renovation cost.
3, conversion uses the premise. The conditions are: conversion is expected to use the value of real estate caused by the increase in the amount greater than the cost of converting applications.
4, re-use of the premise. Demolition of existing buildings could then be considered the most advantageous use, the demolition of the existing building should then be used as a valuation premise.
5, some combination of the above situation.

alternative principles: requirements may deviate significantly from the results of the real estate valuation of real estate under the same conditions similar to the normal price.
with similar real estate is the valuation of the object in the same range of supply and demand, and in the use, size, grade, building structure and other aspects of valuation of the object with the same or similar real estate. Similar valuation to consider the effectiveness of real estate prices Qianche.

valuation point of principle: the result should be a requirement of real estate valuation valuation valuation of the object point in time when the price or value of the objective and reasonable.
1, valuation point of the case in the past. And more in real estate disputes, especially the results of valuation caused by the disputed valuation review.
2, valuation point for the present, historical conditions for the valuation of the object case. Mostly in the case of real estate damages.
3, valuation point for the present, the current situation for the valuation of the object under the circumstances. The most common and most numerous, including the construction valuation.
4, valuation point for the present, the situation for the future valuation of the object under the circumstances. Such as the sale or futures price.
5, valuation point for future cases. Mostly in the real estate market forecasts for the value of real estate investment analysis based on the case, especially after the completion of estimated real estate value in the future. Development of common law assumption.

principle of fairness: requires evaluation must have a good work ethic. (Empathy. Buyer worthwhile to spend a penny, many sellers have a penny)

Lecture overview of the various types of real estate valuation

common type of mortgage and evaluation methods.
① overall commercial mortgage, under the circumstances, the use of cost, market comparison approach or income approach valuation.
② allocated land on the assessment of real estate mortgage, we can use A real estate valuation and land development costs were re-integrated approach can be cost, market comparison approach. Also assume that B can be used for the valuation of the object has full ownership of real estate, with the cost and market comparison approach or income approach to valuation, the final net land transfer method.
③ part of the assessment of real estate mortgages, should pay attention to that part of the real estate's role in the overall housing, can be used independently, it can be realized independently, and pay attention to the apportionment of land and public facilities, people, logistics and transport channel enjoy a reasonable question. Can be used to cost, market comparison approach or income approach. Part in the whole pay attention to the role is a supporting part if you can not separate mortgage, such as lobbies, toilets and so on.
④ houses mortgage assessment of township enterprises should pay attention to the area of ​​land acquisition approval authority and government departments of the cases of land use planning and management planning restrictions. Within the competence of the relevant government departments to obtain approval before they set the mortgage, pay the valuation to take into account land acquisition costs, land transfer and other factors. Available cost, market comparison approach or income approach. Note that the conditions of collective land use right mortgage.
⑤ construction works have been completed in some collateral assessment, follow-up should take full account of the cost of the project cost. Developers using the cost method in the value of profits when its profits in a fully completed when all possible manifestation of a conservative valuation principles should be taken. Cost valuation method can be used, assuming that the development law and the market comparison approach.

residential real estate valuation (sub ordinary homes, luxury apartments, villas)
1, the living area of ​​real estate prices, factors: transportation, service facilities, educational facilities, environmental quality, security environment, conditions of large urban facilities, cultural environment.
2, living in real estate prices affect individual factors: building structure, type and grade, decoration, facilities and equipment, quality, and towards the floor, apartment, property rights situation.
3, all types of residential real estate regional impact of different factors, but also consider the valuation of policy impact. High-rise housing is usually the greater the value the higher floors.

commercial real estate valuation (including catering)
1, commercial real estate and valuation characteristics.
① business content and more. Different business content (or different purposes) generally will have different yields, if the income method of valuation, then the response to the contents of the different business in different parts of the real estate capitalization rate.
② sublease management and more. Commercial real estate owners often rented to others of its real estate business, and some tenants from the hands of single owners sublet to a third party then split, so the context of commercial real estate property valuation should investigate the situation. Avoid some of the commissioning party valuation is only the lessee, but the identity of the owner commissioned a valuation of real estate. Note sublease legitimacy.
③ high-end and complex decoration. In some places, people buy or rent a commercial space business, be sure to re-decoration, so the mortgage valuation, transaction valuation, valuation of such sublease process, taking into account this factor.
2, affect the price of commercial real estate major regional factors: degree of prosperity, transportation (public transportation accessible degrees, and convenient transportation degrees).
3, the main impact of commercial real estate prices of individual factors: street conditions, the internal structure (split rent, the space to have a certain distance), the floor area (not too much should not be too small), decoration, sublet possibilities (sublease will affect the flexibility of commercial real estate investment, thus affecting the value of the commercial real estate).
4, restaurant real estate valuation: the number of collection rooms, seats, meal times, per capita spending, etc.; operating costs: insurance premiums, costs, wages, net of characteristics should lead to a commercial monopoly profits.

commercial real estate office (office) valuation
1, affect the commercial office real estate major regional factors. In addition to general factors affecting commercial real estate, there are:
① is located in the central business district or government agency nearby.
② traffic conditions, parking conditions. Commercial real estate office and the airport, railway station between accessibility.
③ the surrounding environment. Clean style, with modern urban atmosphere.
2, the main impact of the real estate business office of individual factors.
① Appearance: building height, body mass, shape, external decoration.
② interior; ③ equipment and facilities; ④ whether intelligent working conditions; ⑤ meet the different requirements of different companies;
⑥ property management conditions. For the commercial office real estate, especially in terms of Grade A office property management to enhance the value of the role is obvious.

hotel real estate valuation (including entertainment)
1, hotel real estate and valuation characteristics: a general lack of hotel real estate transfers in the market, once the transfer of real estate and hotels, the overall transfer is generally very take the form of a small part of the transfer. Similarly, the hotel real estate valuation is to estimate the value of its overall majority.
Note: separate estimates of hotel lobbies and other parts of some of the real estate subsidiary of the value function is meaningless.
Because the value of the same type of hotel in its reception capacity, the ability of indicators to measure hotel reception number of beds or rooms can often be as a valuation indicator.
integrated hotel real estate generally set according to variety of services to all parts of capabilities, the benefits include: a variety of services and parts of the direct revenue from the functional interactions of the indirect benefits. Reference of such real estate market rent levels generally can not split a separate valuation.
2, the main areas affecting hotel real estate factors: traffic conditions, the surrounding environment.
3, the main impact of individual factors hotel real estate: facilities, equipment and utensils, the firefly management.
4, to collect data: the standard price, rental rate (occupancy rate), the potential benefits and actual income, other income, catering, leisure facilities, advertising revenue; expenditure: an objective cost, decoration, renovation, maintenance, insurance and so on.
5, Entertainment Real Estate:

industrial real estate valuation
1, industrial estate and its valuation characteristics. ① involved in the industry and more; ② non-standard factory buildings and more large price difference; ③ to distinguish between the cost of equipment and buildings; ④ high probability of corrosion.
2, often used in industrial real estate valuation methods. Market comparison approach (for standard factory buildings), the income method (aside from real estate income), cost (to distinguish between the basic construction cost and equipment to estimate, respectively, net of value-based devices).
Because the characteristics of industrial real estate, so to use more cost valuation method. Easier to determine uniform standards for plant replacement value, which can be reset to develop local uniform price list. Non-standard plant replacement value to determine if there are two main channels of information: First, the budget reference price; second is to use standard factory reset price list, according to the span, spacing, height correction, correction parameters obtained from the experience out.
3, the main areas affecting the real estate industry factors: transportation, infrastructure, geographic location.
4, the main impact of individual factors of industrial real estate: land area, geological and hydrological conditions, real estate purposes (embodied the principle of highest and best use, change use, with its highest and best use valuation purposes).

special purpose real estate valuation
that such real estate is usually accompanied by the franchise, so the best method of valuation should be the profit method. Use the profit method of valuation, which means in the real estate valuation has taken into account the value of the franchise. Such as: gas stations and parking lots. Should be allocated from the franchise's return, that is excess surplus value.

third analysis about the risks associated with collateral

real estate as real estate, because of its large value, durable, long life, easy-to-cash, etc., are widely used as a credit bank security measures. A lot of practice shows that there are still risks of real estate mortgage, the customer can not repay the debt if the mortgagee to realize the mortgage, it is related to the mortgaged real estate liquidity problems.

encountered in practice real estate mortgage liquidity issues as follows:

A review of the legality of the real estate mortgage

for the control of real estate collateral risk, credit managers must be very clear about what real estate can be secured, which is not real estate mortgages. Not overly dependent on the government's review of mortgage registration department. The staff for the quality of government across the country varies greatly, although for the Unclear if the bank's own relevant laws and regulations, it is easy to invalid mortgage, the mortgage is non-existent.

Law article 34 (5), article 36.3, except as provided (but the mortgagor shall mortgage contract and agreed to by the Employer of hills, ravines, Huang Qiu, wasteland and other land use rights wasteland exception);
(c) schools, kindergartens, hospitals and other public-purpose public institutions, educational facilities, community groups, health facilities and other social welfare facilities;
(d) the ownership, use rights, or unknown disputed property;
(e) shall be confiscated, seized control of the property;
(f) other property not be mortgaged according to law.

township (town) and village enterprises shall not separate the land use right mortgage. The township (town), village, factory and other buildings mortgage companies, and its occupation of the land use rights within the same mortgage.

mortgagor in the mortgage should be to fulfill this obligation: the mortgagor should have set off the mortgage will inform the mortgagee.

to leased real estate mortgage, the mortgagor shall inform the mortgagee lease, mortgage and inform the tenant. Original lease contract remain in force.

familiar with the relevant provisions of the real estate mortgage, on the one hand to avoid inefficiencies, improve efficiency, on the other hand can also reduce the risk from the source.

registration authorities provides that management;
(b) of the urban real estate or township (town) and village enterprises factories and other buildings mortgaged, the provisions of local people's governments above the county level departments;
(c) of the forest mortgage for the forest authorities above the county level;
(d) the aircraft, ships, vehicles secured for transport of the registration department;
(e) to business equipment and other chattel mortgage for the property located industrial and commercial administrative departments.
Article 43 to other mortgage-backed party,polo lacoste pas cher, may voluntarily apply for registration of collateral, mortgage contract from the date of signing. Parties did not apply for registration of collateral, not against a third party. Registration of parties for collateral, the registration department for the mortgagor where the notary department.

Second, the specification of instruments of real estate mortgage information

main instruments involved in real estate mortgages around the

(a) the person's instrument of mortgage information

as collateral is a natural person, couple to collect ID card, marriage certificate, booklet, the case of unmarried single customer, you should collect ID card, residence booklet, a single proof. If the divorce should be collected in addition to a single customer ID card, residence booklet, a single proof, but also to collect a divorce certificate, certificate or other elements of the division of property agreement. To provide a basis for analyzing the relationship between ownership of property.

artificial legal person such as mortgages or other organizations, to collect that property ownership should be the subject of business license or business registration certificate, corporate, community organizations, proof of registration, the organization code certificate, as well as the legal representative or person in charge of ID cards.

In addition, the collection also reflect the related disposition of property that:

1, in order to enjoy the state preferential policies for purchase of real estate collateral, the mortgage amount may dispose of real estate rights and benefits of the share ratio is limited.

2, the state-owned enterprises and institutions to grant legal management of the state's real estate collateral, shall comply with the relevant provisions of the state-owned assets management.

3, to collective ownership of real estate mortgage business, must be collectively owned enterprise employees (representatives) adopted by the Assembly and report to the higher authorities for the record.

4, to joint ventures, cooperative enterprises and wholly foreign-owned real estate mortgage business, must be approved by the Board, but, except as otherwise provided in the articles of association.

5, a limited liability corporation, the real estate collateral, must be approved by the board of directors or shareholders, but, except as otherwise provided in the articles of association.

6, there are companies in all its operating period of the mortgage of real estate, the secured debt of the performance period shall not exceed the duration of the business.

7, to a land-use life of the mortgage of real estate, the secured debt of the performance period shall not exceed the land use right transfer contract has been the use of life minus remaining life after life.

8, the total real estate mortgage, the mortgagor shall obtain the prior written consent of the other joint owners.

9, pre commercial mortgage loans, commercial real estate development projects must comply with the terms of transfer and obtain pre-sale permit.

in the case of a third party to provide security, but also collecting the borrower's loan unit identification or proof of relevant institutions.

(b) the mortgagee's instrument on data ​​p>

instruments on the mortgagee's mortgage registration authorities for the information needs of the bank's internal need to master, mainly banking business license, legal representative or person in charge of ID cards, the organization code certificate and so on.

(c) information on the mortgage instrument originally

main loan contract (or credit agreement, security or other reasons can explain the relevant documents required), list of mortgage contracts and other collateral.

real estate mortgage contract shall contain the following main elements: the mortgagor, the mortgagee's name or personal name, address; the main claims of the kind, amount; mortgaged premises real estate, name, condition, building area, land area and four, etc.; mortgage real estate value; mortgage real estate occupied by the manager, taking up management, as well as take management responsibility for accidental damage, loss of responsibility; debtor to discharge debts of the period; mortgage loss conditions; breach of contract; Dispute Resolution way; mortgage contract time and place; other matters agreed by the parties.

to the construction mortgage, the mortgage contract should also contain the following: required to pay cash or the equivalent of land use right transfer fee amounts; has invested in the construction of projects; construction progress and project completion dates; completed work and engineering and so on.

Third, review the assessed value of real estate

Ministry of Construction, People's Bank of China, China Banking Regulatory Commission in the personnel should have professional knowledge and skills of real estate valuation, shall not participate in credit decisions. Real estate assessed value of the audit, should follow the precautionary principle, the major review of the assessment report related to valuation of real estate appraisers to determine when, whether to maintain the necessary caution, fully estimate the disposition of real estate collateral may be limited, possible future risks and losses, not to overestimate the market value, not underestimate aware of the statutory priority for repayment of money, and review the valuation report, whether to make a risk warning. Assessment methods should follow the precautionary principle embodied in the following areas:

in the use of market comparison method of valuation should not select the transaction price is significantly higher than the market price as a comparable instance of a transaction instance, and should make the necessary Shidechakan comparable instance.

in the use of cost method of valuation should not overestimate the cost of land acquisition, development costs, related fees and taxes and profits, depreciation should not be underestimated.

in the use of income method of valuation should not overestimate or underestimate revenue operating costs, return or capitalization rate selected should be low.

in the use of valuation methods assume that the development should not overestimate the value of future development is completed, should not underestimate the development costs, related fees and taxes and profits.

assess the collateral value of construction projects in the construction contract and the contractor shall issue a default in the valuation point of the existence of a written description of the construction contract price; there is outstanding construction price, it should be provided in writing in arrears amount.

should also examine whether the abuse of real estate appraisers assumptions and limitations, has served as assumptions and constraints, the results have a significant impact on the valuation of factors, whether in the valuation report to be disclosed, and describes the results of its valuation may have impact.

about different uses of the fourth estate mortgage liquidity analysis

liquidity is the assumption that at some point to achieve the right mortgage,polo ralph lauren, without too much loss of condition, it will convert into cash the real estate mortgage possibilities.

liquidity analysis of the main analysis of the general nature of real estate mortgages, independent of use or transferability can be divided, it is assumed in the valuation point in time when the auction or sale price and the best possible assessment of the market value of the difference in the degree of realization of the time the length and cost, tax type, amount, and the liquidation order.

liquidity of real estate for different uses have different characteristics:

(a) Residential

house has good versatility, is the thousands of families living must be consumer durables, because of its generally complete the sale, without division, independent of use; combined with other purposes than residential real estate prices closer to cost, depreciation space, time, fast cash, liquidity strong.

large house value, market demand is limited, illiquid.

(b) the office

office is limited to the purchase of group companies or other organizations to purchase their own, of course, there are those who hire purchase, but some groups are very limited. General office property management fee plus a high, around the office environment uninhabitable, limiting its potential for residential use change. If an area is too large, which can be divided transferability worse.

(c) the independent shops

independent shops can be divided into three categories, one for the independence of the street facade; one for the large community of independent shops in residential areas; another large market for the independent property rights pavement. The first category because the street is good, operating flexibility, in return, more secure, in the market have more buyers, but lots of their own conditions is particularly important, as in back street to Lane, is no different with the housing.

Although independent shops

community use, but the consumer customer base is limited, naturally affect the earnings and property prices.

third category, although an independent property, but depends on the overall market sentiment, such as the operating conditions of the market is not good, living in one of the independent shops will naturally be unable to turn up.

(d) Property type shops

property type price typically includes commercial developers need to subsidize the rent late, the price is generally higher than similar surrounding real estate, as housing the separation of ownership and management, property rights were not autonomous, mode of operation can not be determined later , the degree of risk and real estate prices, the level of returns Fanzu, Fanzu duration, developers integrity, business owners will inconsistencies of life. Much lower than the realizable value of its disposal of property independent shops around the market price.

(e) Construction in progress

in the construction mortgage, is secured in the man-made construction loans to build capital, with its legal means to obtain land use rights together with the construction investment assets, in order to not transfer possession of the means to the lending bank as collateral to honor the bond repayment behavior.

huge magnitude of value of construction in progress, involving the complex relationship between the debt, when the physical transfer of complex technical information, market demand in the realization of the right mortgage source rare, difficult to realize.

(f) industrial plants

industrial plant has a standard factory workshop and professional distinction, the former than the latter readily realizable. Both the value of its large, easy to split and is difficult to realize.

(g) hotel dining and entertainment properties

such real estate can produce better returns depends largely on the operator's business philosophy and methods. Such properties are often larger, but some can be divided for sale or change of use.

(h) underground garage

underground garage are often located in a particular residential area, the target relatively fixed, the service is limited to nearby residents, and is limited to residents in the vicinity of a car group, generally difficult to realize.

(ix) real estate for other purposes

including warehouses, medical buildings, educational buildings, etc. These real estate used for professional purposes, some made in the design and construction professionals use when they consider the general poor, cash received when the object is also limited to the relevant area.

sum up, the price of collateral that can be achieved are generally lower than the normal market price level, affect the value to achieve the following general types of situations:

First, in practice, the subject matter of the vast majority of mortgages are disposed of by auction to achieve, with a short-term mandatory features, the current short-term mandatory punishment is generally lower than the market price.

a certain type of real estate only for a certain part of buyers, demand for small, low real estate prices naturally.

Second, not only because the value of the large bulk of real estate and liquidity difficulties, the overall property division after the mortgage liquidity is relatively low. Local division and overall treatment must check each other, greatly reducing the liquidity of the collateral.

use differences are to some extent affect the liquidity of real estate, commercial and residential purposes is usually a more industrial real estate real estate auction more accessible at the normal market price levels.

fifth priority claim about the order of realization of mortgaged real estate analysis

The amount of disposal of the mortgaged real estate income, according to the following order: (a) pay the cost of disposal of the mortgaged real estate; (b) mortgaged real estate should be paid net of tax; (c) repayment of debt principal and interest and the mortgagee to pay liquidated damages; (d) compensation for breach of contract by the debtor to the mortgagee damage; (e) residual amount returned to the mortgagor. Disposal of the mortgaged real estate income is insufficient to cover debt and the amount of liquidated damages, compensation payments, the mortgagee has the right of recourse to the debtor's lack of parts. According to Kim, damages, costs of achieving the mortgage and other factors of uncertainty caused by credit risk, mortgage real estate prices realized price should be deducted after the auction or sale the seller must pay taxes to the state, loan interest, liquidated damages, damages and legal costs required for realization of real estate, assessment fees, auction fees and the balance.

(a) legal fees

1, property preservation expenses

2, execution fee

(b) the assessment fee

1, land evaluation fee

2, real estate appraisal costs

3, asset valuation fee

4, the same multiple of the subject matter of the attorney general should be evaluated in terms of gross charges, not charges, respectively.

5, no assessment of the subject matter of the auction, according to the assessment price of assessment fees; assessment by the auction of the subject matter, be paid the ad valorem assessment fee; after the auction price can not still deal of material bonded, bonded by The prices paid assessment fees.

(c) of the auction commission

1, auction, and paid the price from the auction, the auction commission based on the specific amount of auction price, in accordance with sub-file method to calculate the cumulative decline.

2, after two price cuts, and price range to assess the value of 40%, the auction is still unable to deal, ruled that the material bonded by the commission court approval is granted, according to the specific circumstances, the application for enforcement by the debtor or pay reasonable and necessary costs of the auction, including: advertising fees, storage fees, travel expenses and so on.

(d) when the real estate property transfer fees and taxes paid by the seller

1, business tax and surcharges

2, land value-added tax

3, stamp

4, the development of local education costs

5, the personal income tax

6, the transfer fee of 6 yuan / square meter, the seller responsible for half the 3 yuan / square meter.

(5) Land use right transfer fee

Although China has implemented a system of paid use of land for many years, but there are still many administrative allocation of land or to obtain. land use right transfer amount, the mortgagee before the priority claim. gold.

(f) when the bank debt bankruptcy

2, the tax owed by bankrupt enterprises;

3, bankruptcy claims.

the estate is insufficient to repay the liquidity requirements of the same order, according to proportion.

Clearly, bank loans are bankruptcy claims, the liquidation order at a later position.

(7) Other statutory right of first refusal

Belong to the law confers a right of first refusal.

(h) the main claim and interest, liquidated damages, damages calculated according to the contract the two sides.

mortgaged real estate in all aspects related to the realization of many factors, in the process of real estate secured loans prior to carefully review the legitimacy of norms related instruments, fully aware of the real estate mortgage cash settlement order. Only strict examination and inspection in order to minimize risk.

(Special thanks to: Hankou Bank of Credit issued by the Ministry of recording and sorting of workers to read)

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ml33ai6yst 04.11.2011 0 188
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