Failing to repay the bank loan can be handled in the following ways: 1, borrowing money to repay. 2. Apply for extension, that is, extend the loan term, and the loan extension period shall not be lower than the original loan conditions. The extension of short-term loans shall not exceed the original loan term; The extension of medium-term loans shall not exceed half of the original loan term; The longest extension of long-term loans shall not exceed 3 years. If the customer fails to apply for extension or the extension application is not approved, the loan will be transferred to the overdue loan account from the day after the maturity date.

What should I do if the mortgage is not paid?

1 Apply for deferred repayment.

If it is impossible to repay due to personal economic problems or other irresistible factors, you can apply to the borrowing institution for deferred repayment. Under normal circumstances, the loan structure will be agreed as long as the reasons are reasonable.

2 borrow money to repay

If it is not enough, you can borrow money from relatives and friends, solve the repayment crisis first, and then return the money to relatives and friends. It should be noted that if the mortgage loan is not repaid, the collateral will be auctioned by the borrowing institution to repay the loan amount. Therefore, when the mortgage loan is not paid, we can try the above methods, which may effectively solve the problem of the mortgage loan not being paid.

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1, mortgage loan, also known as "mortgage loan". Refers to a loan method adopted by some national banks. The borrower is required to provide a certain amount of collateral as loan guarantee to ensure the repayment of the loan at maturity. Collateral is generally easy to preserve, wear and tear and sell, such as securities, bills, stocks, real estate and so on. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money after paying off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.

2. Mortgage means that the mortgagor (buyer) obtains the ownership of the purchased commercial house by installment. There are two meanings for buyers: first, the house payment can be paid in installments within the prescribed time limit; Second, in the installment stage, the ownership of the house is "pressed" and cannot be "uncovered" (taken away) until it is paid in full. In addition, mortgage trading involves three kinds of debt relationships-namely, the relationship between the mortgagor (buyer), the developer (seller) and the mortgagee (usually the relevant bank). Its procedure is that the mortgagor (purchaser) first signs a purchase contract with the developer and prepays part of the purchase price; Then the mortgagor (buyer) signs a mortgage contract with the mortgagee (bank) on the basis of this contract, and the bank pays the rest of the house purchase money to the developer, and the buyer pays it to the mortgage bank regularly until the "mortgage money" is paid according to the regulations, and the mortgage process ends.

What should I do if the mortgage is not repaid?

Solve the problem that mortgage loans cannot be repaid after maturity;

1. If you are in financial difficulties but don't want your house to be auctioned, you can borrow money from relatives and friends first.

2. If not, you can apply to the bank for a grace period. If the situation is true, the bank will agree to extend the repayment date within a certain period of time;

3. If it is really unable to repay the loan, the lender can auction the collateral, and the proceeds will be used for compensation first.

Repay the principal and interest of the loan.

Housing mortgage loan is a kind of loan provided by the bank to ensure the safety of the loan. The borrower's real estate, securities and other documents can legally obtain the lien and pledge of the borrower's property through certain contracts.

This kind of loan is actually a loan method in which the debtor (mortgagor) legally transfers the property ownership to the creditor (mortgagee) to obtain a loan. During this period, if the debtor fails to repay the loan principal and interest on schedule, the creditor has the right to dispose of the collateral and get priority compensation. This loan method can reduce the loan risk of creditors and provide effective protection for creditors to recover their loans.

Article 247 of the Civil Procedure Law of People's Republic of China (PRC) * * * After the property is sealed up or detained, the executor shall order the person subjected to execution to perform the obligations specified in the legal documents within a specified time limit. If the person subjected to execution fails to perform within the time limit, the people's court shall auction the sealed-up or distrained property; If it is not suitable for auction or the parties agree not to auction, the auctioneer may entrust the relevant unit to sell or sell it on his own. Articles prohibited by the state from trading freely shall be handed over to the relevant units for purchase at the price stipulated by the state.

What if the mortgage is out of money?

If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments. If the lender fails to perform the judgment within the performance period after winning the case, it will apply for enforcement.

When accepting enforcement, it will inquire about the property, vehicles, securities, deposits, etc. under the name of the lender according to law. Effective judgment that the lender refuses to perform because there is no executable property under its name.

There may be negative information records such as overdue repayment in personal credit report, which will be restricted to high consumption and entry and exit, and may even be punished by judicial custody.

According to Article 193rd of the Criminal Law of People's Republic of China (PRC):

The crime of loan refers to the act of making up false reasons such as introducing funds and projects, using false economic contracts, false certificates, false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral, or lending a large amount of money to banks or other financial institutions in other ways. Loan crime is a kind of financial crime.

Extended data:

The boundary of crime

1, "for the purpose of illegal possession" is an important criterion to distinguish crime from non-crime. When determining the crime of loan, we can't simply think that as long as the loan can't be repaid at maturity, it will be punished as the crime of loan.

In real life, the loan can't be repaid on time for complicated reasons. For example, some profit plans can't be realized and loans can't be repaid on time, all because of poor management or changes in market conditions.

In this case, although the perpetrator was subjectively at fault, he did not have the purpose of illegally possessing the loan, so he could not be considered as this crime. Some people overestimate their repayment ability.

As a result, the loan cannot be repaid on time. Although the actor is subjectively negligent, he has no purpose of illegal possession and should not be punished for this crime. Only those acts of obtaining loans by deception for the purpose of illegal possession constitute the crime of loan.

2. Distinguish between loans and no loans. Some borrowers are in arrears for a long time after obtaining loans, and even exaggerate their ability to perform their duties when applying for loans, making up lies and not paying them back when they are due. This kind of lending is easily confused with loans. We should grasp the following four points and distinguish the boundaries between them:

(1) If there is a result of not repaying the loan when it is due, it depends on whether the fact that the actor's performance ability is insufficient at the time of applying for the loan already exists and whether the actor knows this. If you can't fulfill the contract, you don't fully understand it. Even if it is not repaid at maturity, it should not be regarded as a loan crime, but should be treated as a loan.

(2) It depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan. Although the actor can't repay after maturity, if the loan is really used for the designated project, it generally means that the actor has no intention to lend subjectively and should not be punished as this crime.

(3) It depends on whether the actor actively repays the loan after it expires. If the behavior only verbally acknowledges the repayment, in fact, it has not actively raised funds to prepare for the repayment, which cannot prove that the actor did not intentionally, did not breach the contract, and did not necessarily intentionally.

(4) Combining the above factors, we can comprehensively examine the subjective mentality of the actor through objective behavior in many aspects, so as to find out whether there is the purpose of illegal possession of loans, which is of great significance for correctly distinguishing the boundaries between loans and lending.