First, is it legal for private lending to guarantee real estate?
1, private lending real estate guarantee behavior is legal. According to China's Guarantee Law, real estate mortgage should be registered as collateral, and the mortgage contract will take effect from the date of registration. Failure to register the mortgage may result in the mortgage being invalid. At the same time, because the registration is not in place, the housing management department has repeatedly found that in private personal loans, fake real estate licenses are made and delivered to creditors as guarantees.
2. In short, the establishment of real estate mortgage registration in private lending can ensure the full realization of lenders' creditor's rights in private lending safely, conveniently and efficiently, dispel lenders' investment concerns and meet the urgent requirements of borrowers' loans, which is an effective guarantee method suitable for private lending at this stage.
2. What information should be provided for real estate mortgage?
To apply for real estate mortgage registration involving private lending, the following materials shall be submitted to the registration authority:
1. Application for registration of other rights of the house;
2. Housing ownership certificate and state-owned land use right certificate;
3, paragraph, mortgage contract;
4. Identification certificates of both parties;
If the house owned by * * * is mortgaged, the written certificate and identity certificate of other * * * people who agree to mortgage shall also be submitted; If the mortgagor is not the debtor, the identity certificate of the debtor shall also be submitted;
Three, to meet the following conditions of mortgage registration application, the registration authority shall register:
(1 The applicant is a party to the mortgage contract;
(2) The mortgagor is the owner of the house recorded in the register or real estate file;
(3) The house applying for registration is consistent with the records in the register or real estate file;
(4) There is no case of refusal to register as stipulated by laws and regulations.
Fourth, matters needing attention in private lending
1. Pay attention to the borrower's reputation and repayment ability.
First of all, we should look at each other's fixed assets, economic income and so on. And judge whether it has repayment ability; Second, it depends on each other's usual behavior and word of mouth. If the borrower has a "bad record" of "borrowing and not paying back", he must resolutely refuse. Don't borrow money blindly because you are embarrassed, listen to sweet words or accept small favors, otherwise you will eventually suffer big losses.
2. There should be a loan contract or an IOU.
When borrowing money, don't consider human feelings, relationships and other factors. Be sure to ask the borrower to write the contract or IOU clearly in person, indicating the borrower, loan amount, purpose, interest rate and repayment time, and sign it, with each party holding one copy and keeping it properly.
3. If the amount is relatively large, the guarantee and mortgage procedures shall be performed.
To be on the safe side, it is best for borrowers to find a guarantor or guarantee unit with certain economic strength for large loans. If necessary, the borrower can also use personal property such as certificates of deposit, bonds, motor vehicles and real estate as collateral to improve the guarantee or mortgage procedures. In this way, if the borrower can't repay the debt, he can claim the loan from the guarantor, or he can legally offset the loan with collateral.
4. The borrower should use the loan legally.
National laws do not protect borrowers from knowingly borrowing money for gambling, drug trafficking, drug abuse and other illegal activities. As the saying goes, a gentleman gathers money and takes it properly. When borrowing money, don't just look at personal gains and losses, lend money to people who violate the law and discipline.
5. The loan interest rate should be reasonable and legal.
Article 6 of the Supreme People's Court's Opinions on the Trial of Lending Cases stipulates that the interest rate of private lending may be appropriately higher than the bank interest rate, but the maximum interest rate shall not exceed four times that of bank loans in the same period. At the same time, interest shall not be included in the principal to calculate compound interest, which is often called "rolling interest". Excess interest and compound interest are not protected by law. Therefore, the interest rate negotiated between borrowers and lenders should be within the legal scope.
6. Pay attention to the repayment period.
China's "General Principles of Civil Law" stipulates: "The limitation period for requesting protection of civil rights from the people's court is 2 years." In other words, after the loan reaches the agreed repayment period, it will be protected by law within two years, and it will no longer be protected by law after more than two years. According to this provision, creditors can take the form of collection or renewal of IOUs to safeguard their legitimate claims.
7. Use the law to recover the arrears.
If the borrower fails to honor his credit, the creditor shall not take excessive illegal acts such as hostage-taking and forced robbery of goods, but shall correctly use legal weapons to safeguard his legitimate rights and interests. According to the law, for the creditor-debtor relationship with clear facts and small amount, the creditor may apply to the court for a payment order and directly demand the debtor to repay the debt. When necessary, the court may take compulsory measures.
This operation mode of using real estate mortgage guarantee does not restrict borrowing institutions. The common real estate mortgage guarantee is real estate. Although the parties have not borrowed money from regular banks, the registration of real estate mortgage still needs to be completed in the Housing Authority. Because once the debtor provides a fake real estate license, it will be very troublesome to pay off debts later.
Fatu. com tip:
The Civil Code came into effect on 20211,and the guarantee law and contract law were abolished at the same time. If it involves the creditor's rights and debts stipulated in the Civil Code # Click here # to view! If you need help, you can consult a creditor's rights lawyer #
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