一、抵押贷款中存在的风险 在住房抵押贷款中,贷款方收回本金和利息的主要保证手段是要求借款购房人将住房设为抵押物作为还款担保,由贷款方拥有抵押权,当借款人不履行债务时,抵押权人有权依照法定程序将抵押房屋折价或拍卖、变卖,并从该抵押房屋所得价款中,就其债权数额优先受偿。但由于住房抵押贷款的周期长,提供贷款方面临着(1)抵押物财产灭失的风险。此时借款人由于住房已经灭失,自然不愿付清贷款,而此时贷款方也失去了作为贷款担保的抵押房产。(2)借款人不履约风险。借款人由于死亡、疾病、失业等原因无法还款或是由于道德风险拒绝还款时,贷款方迫不得已需行使抵押权来保障债权。但发生以下两种情形时,贷款方的债权仍然无法保障:第一,抵押物财产市场价值跌落,低于未偿贷款。第二,抵押权无法行使或行使成本过高。所以,各国在抵押贷款业务中都积极地引入保险机制,来最大程度地化解和转移风险。我国的住房抵押贷款业务刚刚起步,也借鉴了西方国家的做法设计了有我国特色的抵押贷款保险机制。 First, the risk of mortgage loans In the housing mortgage loans, the lender to recover the principal and interest of the main means of guarantee is to require borrowers to use the housing as collateral as a repayment guarantee, the lender has a mortgage, when the loan When a person fails to pay his debts, the mortgagee has the right to discount or auction the mortgaged house according to the legal procedures and sell the mortgaged property in priority, subject to payment of the amount of his claim from the mortgagee. However, due to the long duration of the home equity loan, the provision of loans is at risk of (1) loss of collateral property. At this moment, the borrower will naturally be reluctant to pay off the loan due to the loss of housing. At this moment, the lender also loses the mortgage property secured as a loan. (2) borrower default risk. When the borrower can not repay due to death, disease, unemployment or other reasons and refuses to pay due to moral hazard, the lender will have to exercise the right of mortgage to protect the claim. However, lenders’ claims still can not be guaranteed in the following two situations: First, the market value of collateral property drops below the outstanding loans. Second, the mortgage can not be exercised or the cost of exercising is too high. Therefore, all countries in the mortgage loan business are actively introducing insurance mechanisms to maximize the resolution and transfer of risk. China’s mortgage loan business has just started, but also draws on the practice of Western countries to design a mortgage insurance mechanism with Chinese characteristics.