When the debtor fails to perform his debts within the time limit or expressly fails to perform his debts, the creditor shall collect relevant evidence and apply to the court for compulsory execution or bring a civil lawsuit. If you are suspected of fraud, call the police first. If you are suspected of fraud, go to the public security organ for criminal responsibility, and the police will help you recover the loan. If there is a guarantor on the debt, claim the creditor's rights from the guarantor.

Legal analysis

If the debtor's property has been mortgaged to the bank, it does not prevent the creditor from applying for sealing up the property. The creditor shall try his best to find out whether the debtor has concealed or transferred the property, promptly sue and apply for property preservation. After the debtor pays off the bank debt, the house can be mortgaged, and the creditor has the right to sue and apply to the people's court for auction or sale of the house; If the debtor is unable to pay off the bank debt, the creditor may still sue and apply to the people's court for auction or sale of the real estate, and the rest of the proceeds from auction or sale after giving priority to paying off the bank debt will be used to repay the creditor's loan. In fact, once in the proceedings, the court will rule on the facts that have happened, forcing the debtor to repay the loan and pay the agreed interest and overdue interest, thus ending the dispute between the parties. Therefore, creditors should carefully consider and carefully calculate whether it is necessary to sue for repayment of the loan as soon as possible, or wait for the opportunity before taking corresponding measures.

legal ground

People's Republic of China (PRC) Civil Code

Article 401 The mortgagee and the mortgagor agreed that when the debtor fails to perform due debts, if the mortgaged property belongs to the creditor, it can only be paid in priority according to law.

Article 410 Where the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or give priority to compensation with the price of auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, other creditors may request the people's court to cancel the agreement. If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property. Where the mortgaged property is discounted or sold, it shall refer to the market price.