Is the mortgage guarantee still valid when the loan changes its use?
The guarantee contract is a subsidiary contract of the main contract. If the borrower fails to use the loan according to the agreed purpose and the lender terminates the contract, the mortgage guarantee is still valid. If the main contract is invalid, the guarantee is invalid. If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract. Article 407 of the Civil Code of People's Republic of China (PRC) * * * mortgage shall not be transferred separately from creditor's rights or used as a guarantee for other creditor's rights. Where the creditor's rights are transferred, the mortgage right guaranteeing the creditor's rights shall be transferred together, unless otherwise provided by law or agreed by the parties. Article 408 Where the mortgagor's behavior is sufficient to reduce the value of the mortgaged property, the mortgagee has the right to request the mortgagor to stop his behavior; If the value of the collateral decreases, the mortgagee has the right to demand the restoration of the value of the collateral or provide a guarantee corresponding to the decreased value. If the mortgagor fails to restore the value of the collateral or provide guarantee, the mortgagee has the right to demand the debtor to pay off the debt in advance. Article 409 The mortgagee may give up the mortgage or the ranking of the mortgage. The mortgagee and the mortgagor may agree to change the mortgage order and the amount of secured creditor's rights. However, without the written consent of other mortgagees, the change of mortgage right shall not adversely affect other mortgagees. If the debtor mortgages his own property, and the mortgagee abandons the mortgage, the mortgage order or changes the mortgage, other guarantors shall be exempted from the guarantee liability within the scope of the mortgagee's loss of priority rights, except that other guarantors promise to still provide the guarantee.