Legal analysis
Banks will urge lenders to collect loans in accordance with loan contracts and guarantee contracts, and will also bring a lawsuit to the court; The court will take measures such as property preservation, including freezing the deposits in all bank accounts of you and the loan guarantor, and sealing up your mortgaged property. After the judgment, the mortgaged property will be enforced according to law to pay off the bank's loan losses. Including: loan principal, loan interest, overdue interest and penalty interest, resulting litigation costs, and related expenses incurred in disposing of collateral; If personal credit is affected, it will be recorded in the national bank credit information system and recorded in the national personal credit information system, and it will be difficult to obtain bank loans in the future; If there are flaws in the loan process, you may be sentenced to prison for "loan fraud". The specific analysis of the specific situation depends on the procedures and subjective motives when lending. If the procedure is illegal and the motive is not pure, it may commit the crime of defrauding loans or loan fraud. In general, to apply for a loan, you must provide a guarantee or mortgage. Even if you don't pay it back, you can also apply for enforcement of secured creditor's rights or collateral.
legal ground
Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) obtaining loans by other means.