The risks of secured loans mainly include the following three aspects:

(1) Guarantors beyond the scope stipulated in the Guarantee Law (abolished from 202 1, 1), and private hospitals and schools that take profit as guarantors are also prone to credit risks that their guarantee responsibilities cannot be fulfilled. Individuals or partnerships that provide loan guarantees are prone to property rights risks. In addition, the borrower can provide mutual guarantee with the affiliated enterprises of the same actual controller and borrow money from different branches of the same bank.

(B) Compensatory ability is a very common risk factor of loan guarantee. Just because the guarantor has a good repayment ability when making a bank loan does not mean that the repayment period is still the same. The market situation is changing rapidly, and the assets of the guarantor are declining in reality, and it is difficult to bear the guarantee responsibility in the end.

(3) In reality, due to administrative intervention and government pressure, many guarantors are forced to provide guarantees. However, when the loan could not be repaid, they refused to assume the guarantee responsibility on the grounds that the intention was untrue, and the bank suffered even greater trouble.

legal ground

Article 686 of the Civil Code of People's Republic of China (PRC) * * * includes general guarantee and joint liability guarantee.

If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

Article 7 of the Guarantee Law of People's Republic of China (PRC) * * * A legal person, other organization or citizen who has the ability to pay off debts on his behalf may act as a guarantor.

Article 8 of the Guarantee Law of People's Republic of China (PRC) * * * State organs shall not act as guarantors, except that loans from foreign governments or international economic organizations are used for lending with the approval of the State Council.

What are the risks of others lending me as a guarantor?

Risks as a loan guarantor include: civil liability, civil joint liability, guarantee (guarantee) liability and compensation liability. 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. When the lender fails to repay the debt, the guarantor needs to bear the payment responsibility within the scope of guarantee.

legal ground

Article 699 of the Civil Code

If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the creditor may require any guarantor to bear the guarantee responsibility within the scope of its guarantee.

Article six hundred and eighty-eight

If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

What are the risks of making secured loans to people? Pay attention to these things!

In the financial industry, there are many kinds of loan products and methods, only you can't think of them, and there is nothing you can't do. As long as you meet the requirements and have relevant qualifications, you can easily apply for a loan. Among them, secured loan is a kind with a long history. We often say, don't give people guarantees casually, because there are many risks to bear, so what are the specific risks? Let's get to know each other.

I. Types of secured loans

1. General guarantee: It means that the guarantor can refuse to undertake the guarantee responsibility when the debtor fails to repay the debt as agreed.

2. Joint and several liability guarantee: refers to the guarantor's repayment obligation when the debtor fails to perform the debt as agreed.

Second, what are the risks of making secured loans to people?

1. Personal credit is affected: Under normal circumstances, the borrower has to pay off the loan by himself, and the guarantor does not need to bear any economic pressure or influence. However, once the borrower is overdue or unable to repay the loan, the personal credit of the guarantor will be affected, thus affecting the handling of various loan businesses in the future.

2. Loan amount is affected: If the guarantor has loan demand, the guarantor's debt will affect the guarantor's loan amount, because the lending institution will include the guarantor's debt in the guarantor's debt.

3. Take the debt risk: you must carefully consider the guarantee for others, and don't be impulsive and end up in debt for life.

In real life, many people agree to the other party's guarantee application out of feelings and friends' feelings. As a result, the other party could not repay the loan in the later period, which caused more trouble. Therefore, I suggest that everyone should be cautious in terms of protection.

Is the loan guarantor risky?

If your friend can't pay it back, the bank will ask you to help find someone to pay it back. If it is really not possible, you can execute the house or ask you to pay back the money. You can also borrow money during the guarantee period. The guarantee period is from the time when your friend starts to repay the loan, and you have the obligation of guarantor. You have to decide whether you guarantee for your friend or borrow money as a borrower. If you help him borrow a loan, it is equivalent to borrowing a loan, which leads to a bad credit record. If you vouch for it, your credit information may also be reflected. I suggest that you don't guarantee if you are not sure.

What are the risks of being a loan guarantor?

Being a loan guarantor is risky. It is risky to vouch for your immediate family or friends.

1. If the borrower fails to repay the loan, the guarantor is liable for repayment. Before committing to be a guarantor, you must think clearly, because if you sign the money and debt guarantee, you will be personally responsible for paying off the debts to the lending institution.

2. Even if the relationship between the guarantor and the debtor changes, for example, the husband guarantees the housing loan for his wife, and the two eventually divorce, the guarantee will not be affected by the dissolution of the marriage relationship, and it will still be valid. In other words, once the guarantor signs as a guarantor, he will always become a guarantor unless the borrower is approved by the lending institution to cancel the guarantor qualification.

Under normal circumstances, the borrower repays the loan by himself, and the guarantor doesn't care. However, the loan amount and monthly payment borrowed by the borrower will generally be displayed in the credit record of the guarantor. When the guarantor needs to apply for any loan by himself, the debt he guarantees will be regarded as his own debt, and usually the lending institution will include it in the debt, which may affect the loan amount of the guarantor.

4. Once the borrower is heavily in debt and unable to repay, or the borrower dies or runs away, you will bear all the repayment responsibilities.

So much for the risk introduction of secured loans.