Collateral due diligence process and review key points (recommended collection!)

Collateral due diligence process and review key points (recommended collection!

) first step：Review the information related to mortgage guarantee in the creditor's rights file and review the mortgage contract：

1. Is the contract complete?，Are there originals?；
2. number of contracts，Number corresponding to the loan contract、Number of pens、principal、Are the deadlines consistent?；
3. Mortgage property name、type、Location、area、quantity、License number、Collateral value、Detailed information such as mortgage scope；
4. Whether the signing date is corroborated with the loan contract (cannot be earlier than，Except for the maximum amount of guarantee；Be careful even if it is too late)；
5. Loan contracts indicate other uses、But it is really a loan of "borrow new and repay old"，Are the second mortgagors consistent?；
6. Scope of mortgage guarantee；
7. Whether the loan period with the maximum amount of guarantee is within the guarantee period and the guarantee amount；
8. The elements that make a contract effective (such as a signature、(seal) is correct?、complete；
9. If the guarantee is a legal person, it must be signed by a natural person as the legal representative or authorized representative (private seal cannot be used)；
10. Does the contract appendix include the ownership certificate of the mortgaged property?，Whether the owner and registration content of the certificate are consistent with the various elements of the mortgage contract；
11. The mortgaged property is jointly owned，Have all co-owners signed and sealed the contract?；
12. Does the contract stipulate that the special procedures for realizing security rights in the Civil Procedure Law should be applied?；
13. Whether the contract has undergone notarization procedures with enforceable effect；
14. Are there multiple mortgagors?，The loan situation and guarantee content corresponding to each mortgagor's guarantee；
15. Whether there is a violation of Article 52 of the Contract Law, resulting in the invalidity of the contract。
16. Whether there is a mortgage registration (other warrants) and registration department；
17. The contents of the mortgage registration (such as the name of the mortgagor、Registration date、Mortgage real estate license number、area、name and location，(scope of guaranteed claims, etc.) can be related to the loan contract、Corroborate the relevant contents of the mortgage contract。

Review the mortgage registration certificate：

1. Whether there is a mortgage registration (other warrants) and registration department；
2. The contents of the mortgage registration (such as the name of the mortgagor、Registration date、Mortgage real estate license number、area、name and location，(scope of guaranteed claims, etc.) can be related to the loan contract、Corroborate the relevant contents of the mortgage contract。

Check the qualifications of the mortgagor：

1. Is the mortgagor the borrower or a third party?；
2. If the mortgagor is a company，Whether there is a "shareholders meeting resolution" agreeing to the guarantee and whether its content is consistent with the loan contract、Mortgage contract confirmed；
3. If the mortgagor is a branch of an enterprise or other organization，Is there a letter of authorization issued by the competent authority?；
4. If the mortgagor is a natural person，Is there any identifying information?；
5. Whether the mortgagor is a qualified subject under the Guarantee Law；
6. If the mortgage is jointly owned，Is there any identification information of the co-owners?。

Check mortgage property：

1. Whether the item is prohibited by law from being mortgaged；
2. If the mortgaged property is part of the entire property，Is the mortgage position core or primary?，and other property mortgages；
3. Mortgage real estate、Should the land be mortgaged simultaneously or separately?；
4. Whether the mortgaged property belongs to advance registration of mortgage rights for pre-purchased commercial housing；
5. Is the mortgaged property under construction?；
6. Whether the mortgaged property has public welfare, administrative or other exclusive purposes。

Check again：

1. The borrower has repaid the loan，Corresponding mortgagor’s liability reduction and exemption；
2. Is there any other mortgage registration?，Is the mortgage in this case the first priority?，Otherwise, check the general situation of the mortgage rights that are ranked first.；
3. Is there an investigation report on whether the property is mortgaged?、evaluation report，Estimate whether the current value of the mortgaged property is significantly greater than the corresponding creditor's right；
4. Whether there is any priority claim on the mortgaged property (such as project payment)、transfer fee、Inactivity fee、taxes, etc.)；
5. Is there a description of the status of the mortgaged property (at the time of mortgage) issued by the mortgagor (such as self-use?、lease、Vacant, etc.) or income statement；
6. The current status of the mortgaged property (owned、borrow、occupy、lease、idle、damaged)；
7. mortgagor、Whether a third party has filed a claim or lawsuit claiming that the mortgage is invalid (arbitration)；
8. Whether a third party claims ownership of the mortgaged property、Claims or proceedings for leasehold or other interests (arbitration)；
9. mortgagor、Whether a third party or the government has set up obstacles to the disposal of the mortgaged property；
10. Whether the mortgaged property is involved in various disputes；
11. Is there any relevant material or information involving the mortgaged property?，For example, it will be expropriated and demolished、Can (has) been approved by the government to upgrade、Is there any information such as whether a third party has expressed intention to purchase the mortgaged property?。

Second step：Go to the relevant departments to check the relevant situation of the mortgage (1) Check the property rights for properties with "Real Estate Certificate"，You can go to the housing management department where the property is located.，At the same time, provide the owner's name + address or ownership certificate number (or registration number) and other elements.，Check the ownership registration of the property、mortgage、Seizure etc.，Check whether the property title is clear。

For properties with only advance notice registration of mortgage rights，You can go to the local housing management department to apply for information disclosure or log in to its official website to enter relevant information to query.。If the inquirer has special methods，You can even check all the records of the property (more secure)。If the investor (or an acquaintance) happens to have another case in which the mortgagor is the person subject to execution，You can appoint a lawyer to use the separate case procedure (or apply for an investigation order from the court) to search the files of the property。

After inquiry, you can obtain all or part of the following information about the property：

1. Ownership information，include：Property registration number，address，Place number，Drawing number，Owner，co-owner，Building area，Common area，Building area，Plans (Four to)，Nature of use，Warrant number，Source of ownership (self-built、Buy、division、inheritance)，The certificate number of the land use right where it is located，Number of structural layers，Floor distribution and functions，The term of use has been transferred、Split unit，Arrears type，Restricted transfer，Issues left over from history，Whether the paid use procedures for the land use rights have been completed，administrative penalty，Purchase price and other information。
2. Check the sealing situation. If the mortgaged property is seized by the court in another case、Not disposed，Check with the relevant court：
3. Whether the rent from the mortgaged property (e.g. rental) has been frozen or withheld by the court；
4. Creditors in the first case、Cause of action、The relationship between the creditor and the mortgagor、sequester court、The stage you are in (case filing)、trial、implement)、Amount of claims、Seizure period、Disposal progress (no disposal for a long time)、abort execution、Evaluate、auction、sell off、Prices disposed of to be received、It cannot be disposed of after three auctions and one sale)；
5. Have the creditors in this case raised objections to the first court’s delay in disposal?；
6. This case involves the highest amount of mortgage，Whether the loan is disbursed after seizure；
7. General situation of other waiting lists for seizure。

The third step：Go to the site to check the condition of the collateral (take photos and videos at the same time)

1. View location via Baidu Maps、Check the location of this property on Tencent Street View Map and more、Satellite images and street views。If the location is unclear，You can try to find it by using the Four to One Diagram as a reference.。
2. Find on-site verification：
3. Whether the subject matter can be found or lost?；
4. Is the geographical location of the subject matter good?，Is the traffic network condition of the side roads in good condition?。
5. View status check：
6. (If it is a project under construction) Project progress；
7. Structure type、Floor composition、Covered area、newness、interior decoration、Equipment installation status；
8. Current use；
9. Compare the property ownership certificate to determine whether there is an addition、Expansion、remodel、Illegal construction、Attachment status；
10. Is it idle?、Unfinished business (including unfinished property)；
11. Is reinforcement needed?；
12. Has it been partially demolished?、damaged；
13. Whether it has independent use function；
14. Are there any other buildings with unknown ownership within the mortgaged property?、construct；
15. Property management status (note：Especially commercial properties，Please inquire about charging standards)。
16. View Usage (Key Points) Verify who uses or controls the property。

If the property is not used by the mortgagor，Need to find out：

1. Whether it is borrowed、occupy、Lease or vacant；
2. If it is a loan, you should understand the relationship between the user and the mortgagor.；
3. If it is occupied, you should know the background of the user、Relationship with the mortgagor and reason for occupation (whether malicious)；
4. In case of leasing，Should obtain a lease agreement or understand the lease situation，and understand that leasing is subject to seizure、Does it happen before or after the mortgage?；
5. If the user claims that the property belongs to him，or claims to have purchased or paid off the debt，Special attention should be paid to，Relevant evidence or information must be obtained；
6. Whether it is used by public welfare, administrative or special units。
7. Check neighbor status：
8. Will it be restricted or blocked by other land or properties?、ventilation、lighting、sewage discharge、Drainage, etc.，thus affecting its use and value；
9. The development and utilization of the border land (whether it is a commercial and residential area、industrial area、Undeveloped areas, etc.),Business atmosphere；
10. Are there any sources of pollution nearby?；
11. Are there supporting properties?，Such as distribution room、Dormitory etc.；
12. Whether the mortgaged property is the entire property or a part of the property (such as a certain floor of a hotel)，Whether the property is the core part or the main part；
13. Is there any involved property in the area (it needs to be disposed of in its entirety)，Or the overall disposal is valuable，For example, supporting parking lot, etc.)。

Step 4：Compare various information to comprehensively verify the true condition of the collateral and compare the above survey results.，Use connections、Relationship network，or use database，Or borrow an Internet search engine，Or log in to government websites and paid websites，Continue to selectively and comprehensively check the following content：

1. Tenure status
2. Loss of ownership (Note：Biggest Trap) Verification：
3. Is there any transferred、Debt has been paid off、split、The situation where the house has been changed but the transfer procedures have not been completed；
4. Has it been levied?、Demolition、Replacement but the original ownership certificate has not been canceled；
5. Will it be due to negligence of the competent authorities?，One thing, many evidences，The physical object of this certificate does not actually exist；
6. Has the physical object been dismantled?、damaged。
7. Title defect check：
8. Whether the transfer price has not been paid in full and there is a dispute with the original owner；
9. Whether the property has been taken over or controlled；
10. Whether the mortgagor uses the real estate as a price for shares or as a condition for capital contribution、conditions of cooperation；
11. Whether the transferor has agreed to retain ownership or exercise the right to terminate the sales contract due to unpaid price；
12. In the case of the mortgagor's transfer or debt foreclosure, whether the mortgagor has fulfilled its obligations under the transfer contract or debt foreclosure agreement/ruling.；
13. Whether it is inconsistent with the owner of the land where it is located；
14. Whether the land where the property is located is allocated land。
15. Verification of ownership status：Is the mortgagor a project company?，And whether the company’s main property is only the property?。
16. Dispute situation
17. Rights dispute verification：
18. Whether property rights exist、neighbor rights、Contractual obligations、share、cooperative development、transfer、lease、price、infringement、common benefit、Sell ​​more than one thing、Partition in kind、Enterprise restructuring and other disputes；
19. Whether it involves disputes with the original land rights owner (historical)、Original transferor dispute、Disputes between small business owners。
20. Other dispute verification：
21. Is it a demolished house?、Low-rent resettlement housing、Replacement house；
22. Whether it involves small property owners or employee resettlement issues?；
23. Does it involve relationships with powerful departments/persons (such as the military?、local government、Dark forces) have conflicts of interest；
24. If the property is pre-purchased and the physical property has not been delivered，Whether the developer cooperates in handing over the property and applying for the warrant；
25. Has any third party built any additions on the mortgaged property?、extension building，or attach a construct，or decoration thereby causing (or hiding) disputes。
26. Planning and construction status
27. Planning status review：
28. Whether there is any violation of the planning and construction application conditions?，or contrary to the planned use of the building；
29. Overall control of the area；
30. Are there any documents such as "Meeting Minutes" issued by the competent government departments?、"Instructions"、"Letter" and other documents that restrict or support the renovation and construction of the property，If you agree to the renovation of the three old buildings, etc.。
31. Construction status verification：
32. Fire acceptance procedures；
33. Is the owner of the property the same as the owner of the land?。
34. Possible verification of expropriation and demolition：
35. Will it be expropriated (including government borrowing)、Demolition；
36. Expected collection、Time for demolition；
37. collection、Reasons for demolition；
38. Collection method，Is there any compensation and the compensation standard?、Compensation payment time，Whether the compensation has been withheld by other courts；
39. Mortgagor’s attitude towards expropriation and demolition。
40. Debt status check：
41. Whether there is a priority right to be reimbursed (such as project payment)；
42. Whether the land is in arrears with transfer fees、Municipal supporting fees；
43. Whether the transfer price is in arrears、Property management fee、Utility bills、heating costs、Environmental protection fees, etc.；
44. Whether the taxes are in arrears or have local characteristics

cost

。

1. Market value check：
2. Is there an evaluation report and whether the evaluation method is appropriate?；
3. Recent market prices of similar properties in the area，After withholding tax，Estimated approximate value of the property；
4. If the property is being rented，Its value can be quickly estimated based on its monthly rent x 100 times；
5. Combined with property conditions in adjacent areas，Preliminarily determine whether the property has undergone contiguous renovation or modification、Possibility of substantial appreciation。

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