Lending money to others with their own enterprises as the guarantee, and now that person is bankrupt, everyone should bear joint and several responsibilities and issue loans. Secured loan means that when the borrower fails to provide the mortgaged (pledged) property in full, the third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, he must have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked. A secured loan is a loan in which the borrower's property or the property of a third party is used as the loan guarantee according to the loan contract or the borrower's agreement, and the third party is jointly and severally liable for repayment when necessary. Anyone who is jointly and severally liable must bear full responsibility for the consequences of violating legal obligations. For example: voluntary agreement, * * * joint venture capital operation, * * * joint venture profit and loss sharing risks, unlimited joint liability; In the joint and several liability guarantee, the guarantor is jointly and severally liable for the creditor's rights; Because the power of attorney is unknown, the client shall bear civil liability to the third party, and the agent shall bear joint liability; If the agent colludes with a third party in bad faith and damages the interests of the principal, the agent and the third party shall bear joint liability; The lease contract stipulates that the tenant shall pay the property fee, and the property company can directly collect it from the tenant, but the owner shall bear joint liability; If the driver causes an accident, the owner shall bear joint and several liability; In short, joint liability is the symmetry of joint liability. It refers to two or more debtors, all of whom have the responsibility to repay the same debt. Therefore, secured loans need to bear the risk of repayment for others because the lender goes bankrupt.
Second, won't the personal loan of the guarantee company drag down the family?
For example, being a prison guard will not drag down your family, but going to prison will drag down your family.
Look at the substance, not the surface! ! ! ! ! !
Nothing will happen as long as there is no guarantee.
You just need the landlord to rest assured. I borrowed the money myself and I can't afford it now. I borrowed it from the guarantee company. Won't it drag my family down now?
Third, help people guarantee loans, and the other party fails to pay them back within the time limit?
When guaranteeing a loan, both the principal lender and the guarantor need to bear the responsibility, and the debtor must repay the loan first, followed by the guarantor. In other words, if the other party fails to repay the loan after guaranteeing the loan for others, the guarantor is also responsible for repayment. However, it is suggested to contact the lender first and urge it to repay the loan quickly, otherwise the lender will find a guarantor and ask him to help repay the loan. 1. According to Article 18 of the Guarantee Law, if the debtor with joint and several liability guarantees fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. If the guarantor has fulfilled the obligation of guarantee, the part paid in place of the debtor may be returned by the debtor. Second, since you vouched for others, and the procedures were complete and the process was compliant, you just couldn't escape this. The loan can only be repaid from the corresponding assets of the main lender, such as real estate, cars, securities, etc. For overdue loans, banks usually deal with debtors with assets first, which means that the person who cheated you has assets in the local area, both husband and wife, and the company, if you have evidence to prove it. If that person has nothing but one life, you and another guarantor will pay him back. 3. Think carefully about whether you signed the contract at that time, where did the bank people sign the contract with you, and did you provide the corresponding materials yourself? If you don't have any of these items or parts, you must entrust a lawyer to ask the bank for compensation in an irregular way! You must think about this yourself! Someone guarantees the loan, so you must think twice. Guarantee is only an obligation, not a right. 4. If the guarantor fails to repay the arrears, he shall be liable for repayment; If the guarantor fails to repay the loan or debt within the time limit, he shall not only bear the repayment responsibility, but also record the credit record of the guarantor; When applying for a loan during the guarantee period, the bank will comprehensively measure its repayment ability and need to consider repaying the guarantee part, so the loan is less likely to pass; During the guarantee period, the loan is approved, but the loan interest will rise above the normal interest 10%~20%.
4. Isn't it civil to borrow money from a guarantee company? How to deal with it
First of all, it is certain that the guarantee company will make a dunning. After repeated dunning, the guarantee company can transfer the mortgage model provided by the borrower. If the borrower still fails to repay the loan after the collateral is confiscated, the guarantee company may appeal to the borrower and auction the collateral to repay the loan after approval. In addition, the collateral will be confiscated and the borrower's credit information will be seriously affected. If you want to borrow again after the guarantee company fails to repay the loan, it is almost impossible. So no matter which institution you apply for a loan, remember to repay it on time. In fact, it is very necessary to make a repayment plan in advance to avoid overdue and affecting your personal credit record.