Use the house as collateral. That must be risky. If you can always repay the loan on time, there is no problem. Once you can't repay the loan. That bank is it. And then use the money from the house auction. Repay the bank loan. Then your house will be gone. Once the house is mortgaged. It's also from the bank. You must repay the loan on time. In the end, all the loans are yours.
Second, is the mortgage loan risky?
Legal analysis: Mortgage loan is risky, but the risk is relatively small. Compared with other movable property as collateral, housing as real estate is more stable, and the risk of mortgage loan with housing is relatively small, but the choice of lender is also very important.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 401 The mortgagee and the mortgagor agreed that when the debtor fails to perform due debts, if the mortgaged property belongs to the creditor, it can only be paid in priority according to law.
Third, what are the risks of the landlord's house being mortgaged?
The risk of the landlord's house being mortgaged is that it can't be repaid within the time limit and the house is sealed up by the bank. If you are a tenant, you don't need to worry about this problem. Even if this possibility occurs, the landlord will be urged to handle the lease relationship with you before the bank closes down.
If you buy his house, as long as the two sides negotiate to settle the loan, you can guarantee the transfer procedures and there is no risk.
4. Is it risky to mortgage a house?
At that time, he borrowed 6,543,800 yuan from me, mortgaged his house and made other warrants. After a long time, he didn't pay back the money, and he left. At that time, we signed an agreement that if he didn't pay back the money by then, the house would be mine. But he doesn't show up now, and he doesn't change his name with the property. What should I do? If you go through the procedure, you should evaluate the auction. In order to avoid legal risks, the appraisal value of real estate appraisal companies is generally higher than the market price. However, due to the special structure of the house, the estimated value was about 3 million, and no one bid at all, because the house was mortgaged to me when no one wanted it. If I go through the auction evaluation procedure and finally pay in kind at a price of 2.43 million yuan, I will get back 1.43 million yuan.
What should I do?
At that time, he borrowed 6,543,800 yuan from me, mortgaged his house and made other warrants. After a long time, he didn't pay back the money, and he left. At that time, we signed an agreement that if he didn't pay back the money by then, the house would be mine. But he doesn't show up now, and he doesn't change his name with the property. What should I do? If you go through the procedure, you should evaluate the auction. In order to avoid legal risks, the appraisal value of real estate appraisal companies is generally higher than the market price. However, due to the special structure of the house, the estimated value was about 3 million, and no one bid at all, because the house was mortgaged to me when no one wanted it. If I go through the auction evaluation procedure and finally pay in kind at a price of 2.43 million yuan, I will get back 1.43 million yuan.
What should I do?