Pawnshops are private loans, and mortgage companies have statutory interest.
Second, the difference between mortgage and pawn?
1In August, 999, Yang Jingren introduced that in order to raise his wife's hospitalization medical expenses, he pawned his six bungalows. The standard price is 20000 yuan, the estimated value is 1 1 000 yuan, and the standard service life is 1 year. The two sides signed a pawn ticket, stipulating that "when the pawnshop goes through the formalities in the future, the house will be owned by the pawnshop." In addition, the two sides also signed a supplementary agreement on pawn, stipulating: "After the pawn transaction, the interest will be deducted for four months, and the monthly interest will be paid to 700 yuan. If you don't pay the interest on time, the interest will double. If you need to continue, you should redeem the principal and interest first, and then go through the pawn formalities again. " Subsequently, the two parties went to the notary office for notarization procedures. According to the supplementary agreement, the pawnshop deducted four months' interest when paying the premium and actually paid the plaintiff 17200 yuan. The plaintiff paid another four months' interest and still owed four months' interest. During the following 1 year, the house was still occupied by the plaintiff.
In September 2000, when the statutory time limit expired, Yang did not apply for redemption because he did not raise enough funds for a while. Soon, the pawnshop informed Yang that the house had become an absolute sale (that is, it could not be redeemed). After raising enough funds, Yang asked for redemption, but the pawnshop strongly disagreed. Repeated consultations between the two sides failed to reach an agreement.
To this end, Yang went to the people of the county and asked for help in redeeming the built house.
Q: Will Yang Can Liu Wu go back to the house?
A: pawning right is the inherent property right of real estate in China. The laws of old China had perfect provisions on pawning right. After the founding of New China, the pawning right of citizens' private houses has been recognized in judicial practice. Pawn right is the right of the pawnbroker to pay the pawn price and to possess, use and benefit others' real estate. The standard price is generally lower than the selling price, and it is paid in one lump sum when the standard right is set. After the expiration of the pawning right, the pawnshop has the right to withdraw from the pawnshop and get back the pawned property. If the pawnshop fails to redeem it within the time limit, it will be owned by the pawnshop. Mortgage means that the debtor or the third party does not transfer the possession of the collateral and takes the collateral as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount it according to law or give priority to compensation with the price of auction or sale of the property.
In this case, the two sides signed a pawn ticket in name, and the word "pawn" was used many times in the agreement, but in fact, during the period from signing the contract to the dispute, one of the pawnbrokers did not occupy and use the house. The plaintiff also paid the interest during the use of "standard currency" according to the contract. At the same time, the nature of the dispute between the two parties in this case does not belong to the legal relationship of house pawn. On the contrary, judging from the facts of this case, the plaintiff is in urgent need of money and willing to pay interest, while the defendant just wants to borrow money and collect interest, without the purpose and behavior of occupying and using the other party's house and obtaining income, so it belongs to the loan relationship with the house as collateral. The essence of the legal relationship between the two parties in this case is the legal relationship of borrowing and lending with the house as collateral. Therefore, it should be handled in accordance with the relevant provisions of the Guarantee Law on mortgage.
Accordingly, this case is deemed as "mortgage loan", and the following judgment is made according to law: (1) The contract concluded by both parties is deemed as mortgage loan contract, and the loan amount should be 17200 yuan. (2) The disputed house in this case belongs to plaintiff Yang. If Yang can't pay off his debts, he can auction the house according to law, and the pawnshop can get priority compensation from the proceeds from the auction of the house.
3. What's the difference between a mortgage company and a pawnshop?
Mortgage companies and pawn shops are both institutions providing mortgage services, but their differences are as follows:
Collateral type: mortgage companies usually accept high-value assets such as real estate, vehicles and stocks as collateral; Pawnshops accept a wider range of collateral, including jewelry, works of art, antiques and so on.
Loan amount: because the value of collateral accepted by the mortgage company is high, its loan amount is relatively high; Pawnshops accept lower collateral value, so their loan amount is relatively low.
Interest rate and term: the interest rate and term of mortgage companies are relatively low, generally above 1 year; The interest rate and duration of pawn shops are relatively high, generally at 1 month to 3 months.
Scope of services: mortgage companies have a wider range of services and can provide loan services for enterprises and individuals; The service scope of pawn shops is mainly individuals.
In short, there are some differences between mortgage companies and pawn shops in terms of service objects, types of collateral, loan amount, interest rate and term, and consumers should choose suitable institutions according to their own needs.
4. What is the difference between mortgage and pawn?
The difference between pawn and mortgage lies in the difference of subject matter. The subject matter of pawn can only be chattel, and the subject matter of mortgage can be chattel or immovable property. The essence of pawn should be a special type of pledge, which can be divided into three types: civil pledge, commercial pledge and business pledge. Civil pledge and commercial pledge belong to common pledge, and commercial pledge refers to pawn, and the relevant provisions of pawn should be applied. The pawn subject can only be a pawn institution established according to law, not other individuals or organizations.