基于借款人保护视角的住房按揭贷款业务分析

Analysis on Residential Mortgage Loan Business from the Perspective of Borrower Protection

文章在揭示住房按揭贷款的内涵与本质的基础上,总结出现阶段我国住房按揭贷款业务中借款人面临的主要问题有:开发商虚假承诺为业主办理按揭贷款、商业银行实施强制保险问题、商业贷款与公积金贷款问题、等额本金还款法与等额本息还款法的利息负担等。针对这些问题产生的原因以及影响,文章从保护借款人的角度分别提出相应的对策建议,包括:保费应与贷款余额同步减少,购房者应事前了解商业银行拒贷原因,购房者应结合自身的投资能力选择还款方式,人民银行应进一步明确对提前还贷违约金的规定等。

On the basis of revealing the connotation and nature of residential mortgage loan, the paper summarizes the main problems faced by borrowers in Chinese residential mortgage loan business, such as false commitments of real estate developers to apply for mortgage loan for property owners, compulsory insurance required by commercial banks, the choice between commercial loan and provident fund loan, the interest burden difference between the equivalent repayment of principal and interest and the equivalent repayment of principal, etc. In view of those problems＇ causes and their influence, the paper puts forward corresponding counter-measures to protect the interest of borrowers as follows： insurance premium should be reduced in pace with loan balance; property buyers should consult potential reasons of commercial banks to refuse to offer loans in advance; property buyers should choose suitable payment method according to their investment abilities; PBC has the necessity to further clearly define the regulation about prepayment penalty.