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我国现阶段的房地产按揭,是按揭人(置业者)、按揭权人(银行)与开发商三方共同参与的一种融资活动。它具有这么三层法律关系:按揭人与开发商之间的房地产买卖合同关系,按揭人与按揭权人之间的按揭贷款关系(具体包括借贷关系和担保关系,即置业者向银行贷款并以即将购得的房地产向银行提供担保),开发商与按揭权人之间的保证担保关系。三方当事人通过三层法律关系形成这么一个(而非数个)完整的法律行为,即房地产按揭行为。
China’s real estate mortgage at this stage is a kind of financing activities that the mortgagor (homeowner), mortgagee (bank) and developer jointly participate in. It has such three layers of legal relationship: the real estate contract between the mortgagor and the developer, the mortgage loan relationship between the mortgagor and the mortgagor (including the relationship of loan and guarantee, that is, The real estate to be acquired to the bank to provide security), the developer and the mortgagee guarantee relationship between the guarantee. The tripartite parties form such a complete (but not a few) legal act through three layers of legal relations, namely the real estate mortgage behavior.