PROTECTING THE RIGHTS OF BONA FIDE THIRD PARTIES AS BANKS IN PROPERTY MORTGAGE TRANSACTIONS

Abstract

In mortgage transactions of assets for loans at commercial banks, there are often cases where the real estate transfer transaction is invalidated but the transferee has been granted a certificate of home ownership, and land use right and has mortgaged the house, land use rights for banks. The question is how the invalidity of the previous transaction affects the mortgage transaction (established later). The article analyzes the provisions of the law on protecting the rights of the bona fide third person to clarify these provisions applicable to mortgage transactions and considers the conditions for the mortgagee to be a bona fide third party to be protected.