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Chapter II, China's pre-sale mortgage real estate legal relations, legal characteristics and the nature of the law and positioning.This chapter discusses the characteristics of the pre-sale is the first real estate mortgage by introducing the specific process to explore the complexity of the pre-sale mortgage real estate legal relations, and then introduced China's real estate mortgage on the legal nature of the pre-sale of a variety of views exist, and then one by one will be the pre-sale housing mortgage and real estate mortgages, and secured the right to pledge to allow comparison. First, for pre-sale mortgage real estate mortgage and real estate. Although it and there is a real estate mortgage loan purposes, the creation of a security subject matter of the scope, mode of operation, participation, and many other differences between the parties.However, these differences only different in form, if a significant difference in form between the two to reconcile with a real estate mortgage mortgage scheme for the regulation system is feasible. Second, mortgage and real estate for the rights of the pre-sale pledge. The author believes that the purchase of pre-sale housing will have the right expectations for the nature of a property right to look more appropriate. So that its right to pledge that there is no basis in accordance with the.Also my pre-sale mortgage real estate practice also does not involve the transfer of housing ownership, "Property Law", "Guarantee Law" does not expressly provide the right look can be used as the subject of the rights of pledge. Real estate mortgage, therefore, to the rights of the pre-sale pledge unrealistic manner. Third, for the pre-sale and real estate secured mortgage and letting. I believe that in some areas and secured with the mortgage so that there are similarities, but in the establishment of the purpose, subject, object, subject matter, the entry into force of the realization of the right conditions and there is an obvious difference.And will be classified as pre-sale real estate mortgage and secured so that there is a lot of disadvantages, so, real estate and secured so that there is no separate legislation exists and the need to be provided. Finally, the pre-sale mortgage real estate legal position. The author believes that the expansion of the current real estate collateral in the subject matter of the scope of, and improve real estate registration system to provide a security interest in a wide range of forms, based on the advance sale of commercial housing mortgage real estate mortgage as is feasible.