| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === In commercial banks loans whose main collateral is real estate, the collateral value of real estate is an important credential to decide the line of credit, value of credit, risks of credit, and loan guarantees besides the credits and solvency of the borrower, and it is vital for affecting the business risk of banks. Therefore, the appraisal of real estate is crucial in terms of the whole process and decision-making of loan cases when banks undertake real estate loan cases.
The appraisal of real estate in Taiwan and that in China both have distinctive development history and background of industry establishment. With related legal system and the industry framework having entered the mature stage, they are able to undertake collateral evaluations of real estate loans for banks. However, in evaluating the collateral value of real estate of commercial banks, the finance authorities and decrees in Taiwan and China have varying gaps and omissions besides respective reasonable requirements. After collating, analyzing, and summarizing related data, it was found that the banking industry, regulations, and authorities in Taiwan held a passive and conservative attitude toward entrusting professional appraisers with collateral evaluations of real estate loans, which had frustrated the real estate appraisal industry in Taiwan when it strove for evaluating real estate loans for banks. In terms of house loans, China had regulated that the loans of second-hand houses should entrust external professional appraisers with evaluations, yet the loans of first-hand houses and policy loans of the government did not meet the same requirements. The regulations in both Taiwan and China did not require internal bank reviewers to have a certain degree of professional knowledge or qualifications in real estate appraisals. If reviewers were not equipped with professional knowledge to some extent, reviews of professional appraisal reports may only be a formality, which was also against controlling risks of credit.
This study investigated three aspects—the current banking decrees and related regulation in Taiwan, those in China, and Taiwan-funded commercial banks in China—and the problems they encountered. It also offered suggestions for amending decrees or improving methods of operations. With the investigations of related issues, it was hoped to help the banking industry gradually lower the business risk of related business during the process of real estate loans through the change and improvement of regulations.
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