| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 95 === In 1980, our country’s financial system was in control and protected strictly by the government. The bank law was revised in July of 1989, which allowed the establishment of the private bank. From 1991 to 1992, the government checked and approved the setup of 16 new banks and authorized the trust and investment corporations, large-scale credit cooperatives, and small & medium-size enterprise banks legally to reform themselves to commercial banks. This caused the number of commercial banks to double. In order to reach a high-performance sale goal, every bank strives to approach and attract all the potential customers with easy requirements and poor credit authorization of loan on credit. It leads to the fact that every bank faces serious excess putting and non-performing assets problems today, which causes a lot of collateral to be auctioned by the court. The real estate collateral is a major one.
In order to decrease big accounting loss because of the void auction or low auction price, the banks as priority creditors sometimes have to take over the real estate collateral auctioned by the court. Soon after taking over much of the real estate collateral, the banks face the immediate problems as poor assets mobility and cost of fund increases. Also, according to the regulation of bank laws, the banks need to exercise the disposition on all the real estate obtained by hypothec in four years. Besides complying with relevant conditions, banks have certain degree of pressure to dispose real estate in time. The disposition way that is adopted by most banks is still not very ideal at present. This text tries to probe into the feasibility on the disposition of the real estate collateral undertaken by the commercial bank with the way of the securitization to resolve the incapability of the bank to dispose the non-performing assets and reduce the loss in time.
This thesis is divided into six chapters, and the sketch is as follows:
Chapter Ⅰ Introduction:
This chapter states the problems of collateral on real estate undertaken by the domestic commercial bank at present and ensures the establishment of the objective and direction of this thesis.
Chapter Ⅱ The commercial bank undertakes the collateral situation and questions at present:
This chapter introduces mainly that domestic commercial banks are poorly handling the disposition situation at present after they undertook the collateral, so they can’t exercise the disposition in time to comply with the deadline of bank law.
Chapter Ⅲ Basic idea of the securitization of the real estate:
This chapter states the meaning, the purpose, the basic principle, and advantage of the securitization on the real estate.
Chapter Ⅳ Operation model of securitization on the real estate in domestic and other countries:
This chapter introduces the securitization system of real estate in the United States and Japan. It also states the complete comparisons between the real estate securitization regulation and financial assets securitization regulations.
Chapter Ⅴ The securitization of the real estate is applied on the collateral disposition:
This chapter analyzes and states the practice and procedure of securitization way to dispose the real estate collateral undertaken by the commercial bank.
Chapter Ⅵ Conclusion:
This chapter proves that the commercial banks are capable of reaching the objective to exercise all the real estate collateral completely as schedule as well as reducing the loss with the application of various securitization ways.
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