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A significant loan relationship can manage mortgage processes to mitigate risk.
Affiliated Classification: Legal Information
Affiliated Classification: Law Firm Announcement
Affiliated Classification: Law Firm News
2018-03-22
Private lending has risks, and it must be cautious. If there is a large loan relationship, it is not possible to borrow face, but the risk is too big to bear, what should we do? Experts come to you to support, please see the details below!
[online consultation]
Just after the Lantern Festival, Mr. Liu of Zhejiang received the help of Zhang, a war friend. Lao Zhang runs a hairdressing shop. His business is good. Now he wants to expand the store. Unfortunately, the capital in his hand can not be turned around. Due to the industry restrictions, it is difficult for Lao Zhang to get loans from the bank. So Lao Zhang turns to his friend Mr. Liu for help.
I feel like the friendship of war friends. Mr. Liu thinks the money is to be borrowed, but the amount is a little big. He lent 300000 to Laozhang. Mr. Liu is worried about some risks. Mr. Liu consulted that there is a real estate worth 500000 under Lao Zhang's name. Can he borrow money and handle the mortgage of the property?
[experts' explanation]
Handling mortgage procedures to reduce the risk of borrowing and lending
In the private lending, large loan relationship, if not handled well, it is easy to make disputes. Among them, the most difficult should be unsecured loan. Once the borrower loses the repayment capacity, the creditor will be easy to return, and the interest and principal will drift together. In the above example, Mr. Liu's worry comes from here. In this case, the financial search platform of rong360 suggested that Mr. Liu signed a loan contract with Lao Zhang on the loan relationship between the two parties, and then went through the mortgage procedures of real estate, so that the risk could be minimized.
How should mortgage procedures be handled?
It is worth noting that in the general civil loan behavior, creditors seldom realize that the mortgage is written into the loan contract. Secondly, even if someone realizes this problem, only a few people know that mortgage guarantee and other procedures should be handled next. If a house belongs to real estate, if a building is used as a mortgage according to the provisions of the property law of China, it shall be registered as a mortgage. Only by complete registration procedures can legal effect take place. So the right process should be:
1、 First, both parties sign a loan contract, and then notarize it at the notary office, which has the legal effect;
2、 Secondly, within 30 days after the signing of the mortgage loan contract, both parties shall go through the mortgage registration formalities with the loan contract and notarization; At this time, the borrower needs to provide materials such as house property rights certificate. At this time, it can filter out the houses with unclear property rights and ambiguous ownership, which is a great protection for creditors.
3、 After the registration of the mortgage of the house is completed, if there is a loan repayment dispute between the two parties in the future, the creditor has the priority to be paid for the mortgaged property.
Tip: private lending has risks, so it is necessary to be cautious about borrowing. If there is a large loan relationship, it is recommended to make a mortgage registration procedure outside the contract, which can protect your loan principal from infringement to the greatest extent.
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