Current location - Loan Platform Complete Network - Bank loan - The company's business license is lent to others for loans. They use their own storefront and real estate as collateral and are guaranteed by a guarantee company. What risks do I face?
The company's business license is lent to others for loans. They use their own storefront and real estate as collateral and are guaranteed by a guarantee company. What risks do I face?

This first depends on whether the guarantee you made when you originally guaranteed is a joint liability guarantee or a general liability guarantee. If it is a joint liability guarantee, the creditor can choose which one is easier to execute between the debtor and the guarantor, and which one will be executed first; if it is a general liability guarantee, then the debtor's assets must be pursued first, and the remaining debt after all has been paid off can be claimed from the guarantor. . Secondly, it depends on whether the guarantee of the three of you is a sub-guarantee or a joint guarantee, that is, whether the three of you are responsible for the guarantee of part of the amount, or whether each of you guarantees the entire debt. If it is a sub-insurance, you only have to bear the guarantee liability for the amount you guarantee. If it is a joint insurance, and you are the strongest financially among the three, you may be executed first.

For bank loan guarantees, banks have a guarantee contract in a prescribed format. In order to protect their own rights and interests, they generally stipulate in the contract that the guarantor must bear joint liability guarantee (you can look at the original guarantee contract), so I guess joint and several liability can't be eliminated. The key is how the bank applies for enforcement after the court ruling. If the bank feels that some of your guarantors are financially strong, have (or even have clues to) cash assets (bank deposits, securities, etc.), and have strong repayment capabilities, they will most likely apply to the court to execute the guarantor’s property first. . Moreover, according to Article 6 of the "Regulations on Seizing, Detaining, and Freezing Property During Civil Execution by People's Courts" promulgated by the Supreme Court on November 4, 2004: "Residential houses necessary for the life of the person subject to execution and his dependent family members shall The people's court can seal it, but it cannot auction it, sell it or pay off debts. "If this rule is true, your friend's house cannot be moved (unless his property is mortgaged at the same time as your guarantee, but it depends on you). (The situation mentioned does not seem to be the case). If they move, the bank will have to find a smaller temporary residence for them, and the bank will find it troublesome and not apply to enforce his property.