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Order of guarantee and mortgage guarantee

Time: 2024.02.19 label: Creditor's rights and debts Mortgage guarantee Reading: 874 people
Lawyer's analysis:
Guarantee and Mortgage guarantee In an equal position, the specific order of application is decided by the parties themselves.
Civil Code 》Article 416 Chattel mortgage The principal claim secured is the price of the mortgaged property. If the mortgage registration is handled within ten days after the delivery of the subject matter mortgage Others with priority over the collateral buyer Security interest People are compensated, but Lien Except for people.
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Generally, the debt performance period is self agreed. If the parties have not agreed on the time limit for the performance of the debt in the mortgage contract or the agreement is unclear, they may supplement it by another agreement. At the same time, according to the law, if the parties do not agree to supplement, the debtor can perform at any time, and the creditor

The contract shall specify the identity information of the borrower and lender, the amount of the loan, the term of the loan, the date and method of repayment of the loan, the liability for breach of contract, the borrower's mortgage liability, the specific information of the mortgaged vehicle, the method of custody, etc., and then both parties shall sign for confirmation and sign the date

 Lawyer of Hubei Shiwei Law Firm
Lawyer of Hubei Shiwei Law Firm
eighteen billion forty million five hundred and fifty-two thousand seven hundred and seventy-three
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The identity information of the borrower and lender, loan amount, loan term, loan repayment date and method, liability for breach of contract and other contents shall be clearly stated, and both parties shall sign for confirmation. On the basis of signing the date, the guarantee liability guarantee method of Party C shall be added: joint liability guarantee. Warranty period:

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  • What guarantee methods are available for private lending

     Legal Advisor

    Legal Advisor

    There are various ways of private loan guarantee: 1) mortgage guarantee, the debtor does not need to surrender the property ownership, but only uses property as the guarantee of creditor's rights; 2) Pledge guarantee, involving the actual transfer of property use rights to guarantee debts; 3) The guarantor promises to repay the debt or bear the risk when the debtor fails to perform. Creditors have the right to create security interests in accordance with the law to protect their own rights and interests.

    Views: nine hundred and forty-two 2024-06-30
  • After the vehicle pledge contract is signed, do you still need to write a debit note

     Legal Advisor

    Legal Advisor

    If the motor vehicle can pledge to guarantee the debt, it needs to sign a pledge agreement and register, otherwise it will not bind a bona fide third party. The pledge shall come into effect with the main creditor's right contract, and the receipt shall be written before borrowing. Pledge means that movable property or rights and interests are used as security. When the debtor fails to perform, the creditor can have priority in repayment. After the debt is paid off, the pledged property shall be returned to the pledgor. The debtor and the creditor are respectively called the pledgor and the pledgee, and the pledged property is the transferred property.

    Views: one thousand three hundred and eighty-two 2024-06-30
  • How to deal with real estate mortgage release for private lending

     Legal Advisor

    Legal Advisor

    Private lending is common, and lenders require borrowers to provide security to protect their rights and interests. Real estate mortgage is a common form of guarantee, which needs to be registered according to law. After the borrower pays off the debt, it needs to go through the mortgage release procedures to release the house property from the debt. Real estate mortgage is a means of debt guarantee. The mortgagor uses real estate and other properties to pay off the debt. If it cannot be paid off, the lender can recover the debt by disposing of the collateral.

    Views: nine hundred and six 2024-06-30
  • What is the difference between re guarantee and joint guarantee

    Jing Wenjing, lawyer

    1. The re guarantee is established for the guarantor, while the joint guarantee is that two or more guarantors provide guarantee for the same debt. 2. Only the main guarantee and only the guarantee, mortgage and pledge re guarantee can be set up, including guarantee re guarantee, mortgage re guarantee and pledge re guarantee.

    Play volume: six hundred and five 2022-06-08
  • What is the difference between mortgage and pledge

    Jing Wenjing, lawyer

    The fundamental difference between pledge and mortgage is whether to transfer the possession of the secured property. The mortgage does not transfer the form of possession of the mortgaged property, and the mortgagor is still responsible for the custody of the mortgaged property; Pledge has changed the form of possession and management of the pledged property, and the pledgee is responsible for keeping the pledged property.

    Play volume: one thousand three hundred and fifty-seven 2022-06-08
  • Can the guarantor recover the borrower's money

    Jing Wenjing, lawyer

    Yes, the guarantor has the right to recover from the debtor according to the provisions of recovery from the debtor after helping the debtor perform the repayment obligation. However, when performing the repayment obligation, the guarantor shall pay attention to whether the payment should be repaid, whether it has been repaid or not.

    Play volume: one thousand four hundred and eighty-seven 2022-06-08
 Lawyer of Hubei Shiwei Law Firm

Hubei Shiwei Law Firm

Hubei Shiwei Law Firm is a pioneering, enterprising, professional and efficient law firm with an international development strategy. At that time, the office area of the law firm was about 1200 square meters, the office facilities were advanced and fashionable, and it was designed to be the scale of 200 high-end talents. We are committed to providing customers with high-quality legal services and creating value for customers. The business scope covers creditor's rights and debts, work-related injuries, marriage and family, contract disputes and other civil and criminal proceedings. It is our unswerving goal to provide customers with satisfactory legal services. To adhere to the "customer-oriented" and customer satisfaction as the work goal, Shiwei gives full play to its resources of cooperation for all professional departments and all lawyers, not only to solve legal problems for customers, but also to provide customers with business opportunities and promote customer cooperation. Hubei Shiwei Law Firm also hired a reputable legal expert in the field of legal theory and practice as a consultant to integrate resources for enterprises in Wuhan and real estate enterprises to provide high-quality and efficient legal services for customers.

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  • What is the function of advance notice registration mortgage

    1798 people read

    The legal effect of the advance notice registration of mortgage is: the advance notice registration gives effect to the real right of claim and opposes the disposal of the real right of corresponding real estate; The advance notice registration of the mortgage right of the pre purchased commercial housing is regarded as a quasi real right or a sub mortgage, with the effect superior to the creditor's right but lower than other security interests; The advance notice registration has no priority to be compensated and only confronts the third party; The advance notice registration ensures the establishment of the future mortgage, and the obligee has the priority to establish the mortgage, but cannot directly exercise or claim the mortgage before the formal registration.

  • What is the subrogation right of the guarantor

    1705 people read

    Subrogation is the right of the creditor to exercise the rights against the third party on behalf of the debtor in order to maintain the integrity and effectiveness of its creditor's rights. To exercise the right of subrogation, the following conditions must be met: the creditor's rights are legal and clear, the debtor passively exercises the due creditor's rights, and this behavior may cause substantial losses to the creditor, and the creditor's rights enjoyed by the debtor are not exclusive.

  • Is there any stipulation on the duration of the main contract of joint and several guarantee

    1444 people reading

    The term of the main contract of joint and several guarantee liability does exist. The guarantor and the creditor may freely agree on the term of guarantee in the contract. If there is no explicit agreement, the guarantee period is six months after the maturity of the main debt. Therefore, when signing the contract, the guarantor and the creditor should specify the guarantee period to avoid subsequent disputes. For more information, it is recommended to consult a professional lawyer.

  • If the loan contract is extended, whether the guarantee is still valid

    1789 people read

    Analysis of the impact of loan contract extension on the effectiveness of the guarantee shows that the mortgage guarantee is still effective when the loan contract is extended. Because the extension only adjusts the repayment period of the original loan contract, no new debt relationship is formed. The borrower clearly promises that the original guarantee contract will continue to guarantee the extended debt, even if the agreement is not re signed, the original security interest will remain valid.

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