Current location - Loan Platform Complete Network - Bank loan - What if the property is mortgaged to an individual and the money is not returned?
What if the property is mortgaged to an individual and the money is not returned?
1. What if the property is mortgaged to an individual and the money is not paid?

1. How to mortgage real estate to individuals without paying money is as follows:

(1) If the cash flow is really poor, you can apply to the bank for a grace period. If the situation is true, the bank will agree to extend the repayment date to a certain period;

(2) If you are in financial difficulties, but you don't want your house to be auctioned, you can borrow money from your relatives and friends to repay the bank loan first. Relatives and friends may help you more or less in human feelings;

(3) If the collateral is auctioned, if it is really unable to repay the loan, the lender may auction the collateral, and the proceeds will be used to repay the principal and interest of the loan in priority.

2. Legal basis: Article 4 10 of the Civil Code of People's Republic of China (PRC).

If the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or give priority to compensation with the price of auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, other creditors may request the people's court to cancel the agreement.

If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property.

Where the mortgaged property is discounted or sold, it shall refer to the market price.

Second, what are the consequences of mortgage of real estate to individuals without paying money?

1. There will be a penalty interest. If any loan is not repaid on the loan maturity date, the lending institution will charge a penalty interest, as will the housing mortgage loan. Penalty interest is charged at 130% of the loan interest rate.

2. Bad repayment records will be generated and incorporated into the central bank's credit information system, which will affect personal credit and make it difficult for borrowers to refinance;

3. If the payment has not been made after repeated reminders, the lending institution has the right to auction the mortgaged house, use the auction proceeds for repayment, and return the remaining money to the borrower.