Traditional Culture Encyclopedia - Traditional customs - What does the guarantee in the loan mean?
What does the guarantee in the loan mean?
There are four ways of guarantee: mortgage, pledge, guarantee, mortgage plus guarantee. 1. Mortgage guarantee: If the borrower uses the purchased house as loan collateral, it must use the full value of the house as loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; During the mortgage period, the borrower must properly keep the mortgaged property, bear the responsibility of being intact, and accept the supervision and inspection of the lender at any time. During the mortgage period before the expiration of the mortgage period, the Lender fails to mortgage, lease or transfer the collateral: in case of mortgage, the Pledger and the mortgage contract will be terminated until the Borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation. 3. Mortgage plus guarantee: refers to the loan granted to the borrower on the basis of the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. At present, the developer of the purchased house is generally required to be the guarantor. 4 When mortgage (pledge) can be provided in full, if a third party recognized by the lender provides joint liability, it must have the ability to repay all the loan principal and interest on its behalf. If the bank witness is a natural person, the principal and interest have a fixed source of income and have sufficient compensation ability, and the depositors and creditors of the loan bank should change it in writing, the original guarantee contract must be changed according to regulations. Without the consent of the lender, the original guarantee contract will not be accepted.
Second, in the loan, what does the guarantee mean?
There are four ways of guarantee: mortgage, pledge, guarantee, mortgage plus guarantee.
1. Mortgage guarantee: If the borrower uses the purchased house as loan collateral, it must use the full value of the house as loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender.
2. Pledge guarantee: at the time of pledge, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation.
3. Mortgage plus guarantee: refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. At present, the developer of the purchased house is generally required to be the guarantor.
4. Guarantee: If the borrower fails to provide the mortgage (pledge) in full, a 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, the principal and interest 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.
Third, what do you mean by guarantee?
Legal analysis: there are four ways of guarantee: mortgage, pledge, guarantee and mortgage plus guarantee. Guarantee: If the borrower fails to provide the mortgage (pledge) in full, the third party recognized by the lender shall provide guarantee and bear joint liability. 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, the principal and interest 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.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.
Article 682 A suretyship contract is an accessory contract to the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
4. What are the loan guarantee methods? What's the difference
There are four ways of guarantee: mortgage, pledge, guarantee, mortgage plus guarantee. 1. Mortgage guarantee: If the borrower uses the purchased house as loan collateral, it must use the full value of the house as loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender. 2. Pledge guarantee: at the time of pledge, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation. 3. Mortgage plus guarantee: refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. At present, the developer of the purchased house is generally required to be the guarantor. 4. Guarantee: If the borrower fails to provide the mortgage (pledge) in full, a 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, the principal and interest 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.
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