A secured loan refers to a loan issued by the lender in accordance with the guarantee method stipulated in the Guarantee Law. When the borrower fails to repay the principal and interest of the loan, the third party promises to bear joint and several liabilities in accordance with the regulations. The loan guarantee provided by the guarantor for the loan is an irrevocable full joint liability guarantee, that is, the loan principal and interest agreed in the loan contract and the related expenses caused by the loan contract. The guarantor must also bear all joint and several civil liabilities arising from the loan contract.

Second, what does guaranteed loan mean?

Guaranteed loan is a loan form in which the guarantor guarantees the borrower to repay the principal and interest of the loan on time with his own funds and legal assets. If the borrower fails to repay the debt at maturity, the guarantor will fulfill the guarantee obligation. Secured loans provide credit fund support for customers' production and business activities. The currencies are mainly RMB and USD; The longest loan period shall not exceed 7 years, of which the grace period of the loan shall not exceed 3 years. (1) About the topic. Pay special attention to the qualifications of the guarantor when signing a guaranteed loan contract. Generally speaking, subjects with social welfare nature and subjects who cannot bear civil liability independently shall not be used as guarantors. (2) Ensure the signing of the contract. In practice, there are several ways to sign a guarantee contract: the guarantor and the lender sign a written guarantee contract; The guarantor signs or seals the loan contract, indicating that he is willing to undertake the guarantee responsibility; The Guarantor separately issues a written guarantee to the Lender. (3) the responsibility of the guarantor. Warranty can be divided into general warranty and joint liability warranty.

legal ground

Article 387 of the Civil Code of People's Republic of China (PRC) Scope of Application of Security Interests Countersecured creditors may set up security interests in accordance with the provisions of this Law and other laws in order to guarantee the realization of their creditor's rights in civil activities such as lending, buying and selling. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.

3. Why do banks need to collect loan deposits?

Among many loan methods, bank loan is the most secure loan method and the first choice for most individuals and enterprises. With the increasing popularity of bank loans, the related knowledge of bank loans has also become the problem of bank mortgage loan deposit that we have to pay when introducing loans.

I believe that only people who pay money know that banks still have bank loan deposits. In order to prevent the risk of unfinished real estate projects in mortgage loans and the credit risk of small business owners, before China Bank issues loans, financial institutions receive a certain amount of funds from borrowers in advance according to a certain proportion of the loan amount.

Generally speaking, the bank mortgage deposit refers to a certain amount of deposit that the borrowing enterprise or guarantee enterprise is required to pay when the loan is issued after the loan application is successful. Usually, at least 5% of the deposit is paid into the special account opened by the enterprise in its loan bank.

The ownership of this bank loan deposit belongs to the enterprise or the lender, but the enterprise and the lender cannot use this fund and will only return it to the borrower when the corresponding loan is paid on time. Of course, the money is not put there for nothing, and the lending bank will pay the deposit interest of the corresponding deposit.

Mortgage deposit, that is, bank loan deposit, is the money that the bank collects from the developer according to a certain proportion of the total loan in the process of mortgage loan. The deposit shall bear the joint and several liability of mortgage loan until the real estate license is obtained and the mortgage registration is completed. The root cause of bank loan deposit lies in the pre-sale system of houses and the bank's ability to control the completion of developers.

In fact, for some real estate enterprises with strong strength and good credit, the proportion of securities deposit has dropped to 2%, and even some real estate enterprises with good reputation no longer keep the deposit.

According to the second paragraph of Article 18 of the General Rules for Loans in China, it is agreed to withdraw and use the loan deposit system, which leads to the decrease of the total amount of loans actually obtained by the borrower and cannot meet the legitimate rights of the borrower.

Even the People's Bank of China has strictly stipulated that all financial institutions are strictly prohibited from engaging in disguised behavior in the name of loan guarantee without authorization. However, some financial institutions still receive the deposit in advance, which of course has a certain urging effect, but it is also harmful. 4. What is the difference between the first guarantor and the second guarantor?

There is no mention of the first guarantor and the second guarantor. Guarantors are divided into two types: general guarantee and joint guarantee. Different guarantee methods have different responsibilities:

I. General guarantee

If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has been enforced according to law.

Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph:

(1) The debtor's domicile has changed, and the creditor has great difficulty in asking him to perform his debts;

(2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure;

(3) The guarantor waives the rights stipulated in the preceding paragraph in writing.

Second, joint and several liability guarantee

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.

If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, 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.

If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.