Legal subjectivity:

1. How to write a mortgage loan IOU

The basic elements required for a mortgage loan IOU are as follows:

1. The borrower’s name, ID number, and address. The borrower is an individual and must sign in person. The legal validity of an IOU signed by someone else will cause disputes. For example, if Zhang San signs a loan in Li Si’s name, it will bring legal trouble to the lender.

2. The name of the lender: It is required to write the full name. It is best not to write it. Please borrow code names such as Sister Zhang and Brother Li to avoid obstacles when claiming creditor's rights.

3. Write the loan amount clearly: It is best to write the currency of the amount, such as RMB, in uppercase and lowercase, to avoid disputes about unclear handwriting and unclear amount. However, Be sure to check for consistency between uppercase and lowercase letters.

4. Repayment period: There are advantages and disadvantages to the agreement on the repayment period. Write down the repayment period clearly: Advantages: The creditor can naturally ask the debtor for repayment after the due date, especially a reason for collecting payment when borrowing between friends. Disadvantages: Creditors must pay attention to the statute of limitations. It is calculated from the expiration date of the repayment period noted on the IOU. The creditor must claim the creditor's rights within 2 years (sign for a collection letter or file a lawsuit with the People's Court). Otherwise, 2 years after the creditor's rights expire, If the creditor has exceeded the statute of limitations, it will be difficult to win even if he sues. Not writing the repayment period: Advantages: You can demand repayment at any time and are not subject to the 2-year statute of limitations. Disadvantages: It is difficult for friends to press for repayment.

5. Interest: For private loans, if there is an agreed interest rate, it will be performed in accordance with the agreement between the two parties. If there is no agreed interest rate, it will be regarded as an interest-free loan. Before the date when the creditor separately claims repayment and interest payment, the people's court generally does not support interest during this period of normal loan period.

6. Repayment method: Whether to repay the principal and interest in one lump sum or in installments, and how much should be repaid over what period, needs to be clarified.

7. Payment: Borrower’s signature, complete date (year, month, day), preferably printed by hand.

2. Does the mortgage loan contract need to stipulate interest?

The mortgage contract does not need to stipulate interest. If interest is stipulated, it should be stipulated in the loan contract, and the guarantee contract stipulates the principal claim. Amount, scope of guarantee, etc.

Article 400 of the "People's Republic of China and Civil Code": To establish a mortgage right, the parties shall enter into a mortgage contract in writing.

Mortgage contracts generally include the following terms:

1. The type and amount of the guaranteed claim;

2. The time limit for the debtor to perform its debt;

3. The name, quantity, etc. of the mortgaged property;

4. The scope of the guarantee.

Article 668: A loan contract shall be in writing, except where there is a separate agreement on the loan between natural persons.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

3. The process of private lending

1. The borrower and the lender must meet basic conditions and provide the documents required for private lending. The most common ones are ID cards and guarantees. If you are a person, you must also provide the guarantor’s ID card.

2. Agree on the principal and interest rate of the loan: If the interest rate agreed upon by both parties does not exceed the annual interest rate 24, and the lender requests the borrower to pay interest according to the agreed interest rate, the People's Court shall support it. If the interest rate agreed between the borrower and the borrower exceeds four times the annual interest rate, the excess interest agreement is invalid.

3. Guarantee procedures: For loans with large amounts or risks, guarantee and mortgage procedures should be performed, requiring the borrower to provide a third party with certain economic strength to guarantee it, or requiring the borrower to Personal property such as certificates of deposit, bonds, motor vehicles, real estate, etc. should be used as collateral, and a written loan agreement should be entered into.

4. Entering into an agreement: In real life, some lenders often do not issue written documents when lending money because the other party is a relative or friend, due to feelings or out of trust. In this way, once the borrower denies it, it will be difficult for the lender to protect its creditor's rights. Even if you take the case to court, you will lose the case because you cannot prove it.

Therefore, the lender must enter into a written loan agreement with the borrower, specifying the names of both parties, loan type, currency, amount, time, term, purpose, interest rate, repayment method, guarantor and liability for breach of contract, etc., and sign and pledge. Each party will keep one copy and keep it properly. The mortgage loan IOU should specify the loan amount and interest between the borrower and the lender, the period for returning the loan, etc. Legal objectivity:

Article 668 of the "Civil Code" The loan contract shall be in writing, unless otherwise agreed upon for the loan between natural persons. The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.