Secured loans include mortgage loans, mortgage loans.
1. Guaranteed loan: refers to a loan issued by a third party in the form of guarantee stipulated in the Guarantee Law of People's Republic of China (PRC), with the promise that the borrower will bear joint and several liabilities as agreed when the loan cannot be repaid;
2. Mortgage loan: refers to the loan issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Guarantee Law of People's Republic of China (PRC);
3. It refers to the loan granted with the movable property or rights of the borrower or a third party as collateral according to the pledge method stipulated in the Guarantee Law of People's Republic of China (PRC).
Loan guarantee is the main business of credit guarantee institutions. Its main purpose is to alleviate the financing difficulties of enterprises, disperse the risks that may arise from bank lending and enterprise financing, and play a role in ensuring the safety of credit loans and promoting the development of enterprises. Types of loan guarantees. Mortgage: a legal act in which a debtor or a third party takes a property as a guarantee to pay off debts.
The secured loans of China Commercial Bank include
Guaranteed loans include: guaranteed payment, mortgage payment and quality.
Borrow a loan.
1. Guaranteed payment: According to the Guarantee Law of People's Republic of China (PRC), if the borrower fails to repay the loan, the third party promises to pay jointly and severally.
2. Mortgage loan: according to the mortgage method of the Guarantee Law, the property of the borrower or a third party is used as collateral;
3. Pledged payment: a loan with the movable property or rights of the borrower or a third party as collateral according to the Guarantee Law.
What is the classification of loan guarantee methods? What are the loan guarantee methods? What are the protection methods?
The loan guarantee methods are classified as follows: mortgage, pledge, guarantee and 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. The above is the answer to the small loan guarantee.
What are the classifications of bank-guaranteed loans?
Secured loan means that when the borrower fails to provide the mortgaged (pledged) property in full, the 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, he must 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.
According to the different ways of guarantee, it can be divided into guarantee, mortgage and pledge.
1. Guaranteed loan: refers to the loan issued by a third party under the guarantee mode stipulated in the Guarantee Law (1 year1abolished on October 202 1 day) with the promise that the borrower will bear joint and several liabilities as agreed when it fails to repay the loan.
2. Mortgage loan: refers to the loan granted with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Guarantee Law (repealed on 202 1 1).
3. It refers to the loan granted with the movable property or rights of the borrower or a third party as pledge according to the Guarantee Law (202 1 1 repealed).
legal ground
Article 399 of the Civil Code of People's Republic of China (PRC) prohibits the mortgage of property: (1) land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.
Article 2 of the Guarantee Law of People's Republic of China (PRC), if a creditor needs to guarantee the realization of his creditor's rights in economic activities such as borrowing, buying and selling, goods transportation, processing and contracting, he may establish a guarantee in accordance with the provisions of this Law.
The guarantee methods stipulated in this Law are guarantee, mortgage, pledge, lien and deposit.
The types of bank-guaranteed loans do not include
The types of bank-guaranteed loans do not include credit loans.
The specific classification of bank guaranteed loans includes: guaranteed loans, mortgage loans, etc. According to the provisions of China's Civil Code, collectively owned land use rights such as homestead, private plots and private hills shall not be mortgaged, unless otherwise stipulated by law.
A secured loan refers to a loan provided by the borrower or a third party according to law. Secured loans include mortgage loans, mortgage loans.