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随着我国房地产业的快速发展,以在建工程抵押向银行申请贷款已经成为房地产开发企业融资的重要方式,在建工程抵押贷款占银行开发贷款的比重也逐步增加。由于在建工程抵押所涉及的法律关系复杂,且现有法律规定不够完善,银行面临的风险不容忽视。文章拟结合信贷实践,对银行在办理在建工程抵押贷款过程中可能存在的法律风险进行分析,并就如何防范、化解风险进行初步探讨,以期抛砖引玉。
With the rapid development of China’s real estate industry, mortgage loan under construction projects has become an important way for the real estate development enterprises to finance their loans. The proportion of mortgage loans in bank development loans under construction also gradually increases. Due to the complex legal relationship involved in the mortgages under construction and the imperfect existing laws, the risks faced by banks should not be overlooked. Based on the credit practice, the article analyzes the legal risks that banks may have in the process of mortgage loan under construction, and discusses how to prevent and resolve the risks in order to start a discussion.