Legal analysis: If the borrower fails to repay the loan within a certain period of time, such as three consecutive months or six cumulative months stipulated by some banks, the bank will issue a reminder. If the borrower fails to repay the loan, the bank will bring a lawsuit to the court according to the loan contract and guarantee contract (mortgage or pledge contract), and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of the lender and loan guarantor and sealing up the pledged property. After the judgment is made, dispose of the mortgaged property and enforce the property according to law (deduct deposits, auction collateral, etc.). ) to repay the bank's loan losses. However, in practice, what if the mortgage cannot be repaid? If the buyer cannot repay the loan on time for some special reasons, he can negotiate with the bank to sign a supplementary agreement to adjust the monthly repayment amount or extend the repayment period. After the house property is mortgaged, the creditor has the priority to be compensated for the mortgaged house property. That is, if the debtor fails to perform the debt after maturity, the creditor may change the price of the collateral, auction or discount it, and give priority to paying the proceeds. The insufficient part shall still be borne by the debtor, and the excess part shall be returned to the mortgagor.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 672 The lender may inspect and supervise the use of the loan as agreed. The borrower shall regularly provide relevant financial and accounting statements or other materials to the lender as agreed.
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.