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.

What are the risks of the loan guarantor?

The risks of the loan guarantor are:

1. Compensate the risk. If the borrower fails to repay the loan on time, the guarantor must repay the loan on his behalf according to the contract requirements;

2. Credit risk. As a guarantor, this loan record will also be recorded in personal credit information. If the borrower loans overdue, the guarantor's credit will also be implicated;

First of all, the risk of being a guarantor:

1. First of all, it is necessary to confirm whether the other party has signed a general guarantee or an unlimited joint liability guarantee. If it is a general guarantee, the guarantor also has the right of defense. If it is an unlimited joint liability guarantee, the bank has the right to require the borrower or guarantor to repay the loan after it expires. If the borrower does not repay, he must ask the guarantor to repay.

Secondly, it is best to look at the loan amount first, and then look at how much collateral the borrower provides. The loan amount minus the value of collateral is the exposure undertaken by the guarantor. If the borrower fails to repay the loan, it will also affect the credibility of the guarantor.

3. Loan risk. If the guarantor goes to the bank for a loan, the loan amount and interest rate will be affected.

2. According to the provisions of the Guarantee Law: "If the parties have no agreement on the guarantee method or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee". In this regard, Yuan Guoxing pointed out that, literally, a general guarantee is less liable and less risky than a joint guarantee, but when the principal debtor fails to perform or is unable to perform, he still has the obligation to perform on his behalf. "For example, after the borrower's property is disposed of, it is still not enough to repay the debt, and the guarantor also needs to bear the debt. Therefore, as long as it is a guarantee, there is a risk. "

Third, there are many guarantees at present. There are many cases where the debtor is missing and the guarantor is responsible. In other places, there have also been cases where debtors run away and the guarantor's deposits and wage accounts are frozen and deducted. In real life, people often make a guarantee for others because of their feelings. If the debtor fails to perform the due debt, the guarantor will bear the repayment obligation. Therefore, you must think twice before vouching for others.

Fourth, be careful to lend guarantees to others. Some public security organs summed up three points that should be paid attention to when providing guarantees for others at the Weibo: First, we should examine the integrity and authenticity of the guaranteed, and don't blindly listen to the recommendations and introductions of others; Second, pay attention to the use and destination of loan funds and carry out necessary supervision on their use; Third, the guarantee should be based on one's own ability, not beyond one's own ability, not to mention using one's own real estate and other necessities as collateral. .

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 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 being a loan guarantor?

As a loan guarantor, you must bear the loan risk, but usually it is not criminal liability, but civil liability. (1) Legal liability of the guarantor. 1, general guarantee liability. The guarantor's responsibility is that when the debtor can't pay off the due debt, the guarantor should bear the responsibility, that is, pay off the due debt. 2. Joint and several liability. The guarantor's responsibility is that when the debt expires, the creditor has the right to ask the debtor or the guarantor to repay the debt. (2) Exemption of the guarantor from liability. If the same creditor's right is secured by two things, after the expiration of the main contract, if the creditor is slow to exercise the right to guarantee, resulting in the decrease of the value of the collateral or damage or loss, it shall be deemed that the creditor has waived the guarantee of part or all of the property, and the guarantor shall reduce or exempt the guarantee liability within the scope of the creditor's waiver of rights. (3) The guarantor refuses to repay. When the guarantee is a general guarantee, the guarantor has the right of defense, that is, the guarantor has the right to refuse the creditor's repayment request before the creditor applies to enforce the debtor's property or fails to enforce the security interest. Co-guarantors have no such right. Article 31 of the Guarantee Law of People's Republic of China (PRC) * * * The guarantor has the right to recover from the debtor after assuming the guarantee responsibility.

This concludes the introduction of the risks of the loan guarantor and what risks the loan guarantor has. I wonder if you have found the information you need?