Under current Chinese law, who owns the house? I assume that you would be taking an equity loan on the house or seeking a new mortgage. In either case, the EB5 principal should be the person who owns the property which secures the loan. If the loan were not repaid, there can be no recourse against the assets of the EB5 applicant such as would attach to the EB5 investment. The legal question currently being litigated concerns an EB5 investment secured by property owned by a third party. This does not seem to be your situation.