First, reasonably determine the final settlement period of the contract and the maximum creditor's rights balance of the maximum mortgage.
The final settlement period of maximum mortgage refers to the time to determine the actual amount of creditor's rights secured by mortgage. When setting the maximum mortgage, the mortgagor and the creditor agree on the creditor's rights secured by the maximum mortgage. From the perspective of effective risk control of banks, the longer the final settlement period, the better. The longer the final settlement period, the more unpredictable factors, which is not conducive to bank risk control. The final accounts of the maximum mortgage contract generally occur at the end of the agreed final accounts period, but there are also some special final accounts of the maximum mortgage contract in loan practice: First, unspecified creditor's rights cannot occur. When the borrower of the maximum mortgage defaults, the law gives the bank the right to unilaterally terminate the contract. After the termination of this contract, both the creditor bank and the mortgagor may demand to pay off the creditor's rights before the final repayment period stipulated in this contract expires. Second, the collateral was sealed up and auctioned due to property preservation or execution procedures. If the collateral is sealed up or auctioned before the final repayment period agreed in the maximum mortgage contract, the maximum mortgage contract should be repaid in advance, and the creditors of the main contract should pay attention to exercising their rights in advance to avoid risks.
Two, pay attention to the convergence of the two maximum mortgage contracts.
The borrower may need a new loan before the final settlement period of the maximum mortgage contract expires and the loan is fully paid off. If the mortgagor still provides the maximum mortgage for the new loan, then the bank will sign a second maximum mortgage contract with the mortgagor. At this point, the connection between the two maximum mortgage contracts should attract the full attention of banks. In practice, the following three methods are usually used to connect two mortgage guarantee contracts:
1. Cancel the registration of the first maximum mortgage contract. When the second maximum mortgage contract is registered, the number and amount of all the main contracts secured but not settled under the first maximum mortgage contract shall be indicated in the "other matters" of the contract, and it is agreed that the second maximum mortgage contract will continue to bear the mortgage guarantee responsibility for the contract amount secured under the first maximum mortgage contract and be recorded in the balance of the guaranteed maximum creditor's rights of the second maximum mortgage contract.
2. In the case of repeated mortgage registration, the lending bank should become the second mortgagee in the mortgage registration of the second contract. In the case of the same mortgagee in the first order, this form of repeated mortgage does not affect the realization of the mortgagee's creditor's rights, provided, of course, that the mortgage is sufficient.
3. Use the new loan issued under the second mortgage contract to repay the outstanding loan principal and interest under the first maximum mortgage contract, which is what we usually call borrowing the new to repay the old. If the loan principal guaranteed by the first mortgage guarantee contract is not due, the previous loan can be settled by negotiating with the borrower to collect the loan in advance.
Three, pay attention to the maximum mortgage contract and the maximum mortgage period changes.
The maximum mortgage contract is an agreement reached by both parties through consultation, and the parties have the right to change the contract through consultation. China's "Guarantee Law" does not make corresponding provisions on changing the maximum mortgage contract, but in the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of the" People's Republic of China (PRC) Guarantee Law ",Article 82 stipulates that" the parties change the maximum amount of the maximum mortgage contract and the maximum mortgage period in order to change the mortgagee in the next confrontation order. Therefore, in the practice of loan guarantee, bank account managers should pay attention to these two changes.
The first is the change of the maximum loan limit. After the maximum loan contract comes into effect, the lender and the borrower negotiate to change the limit, and the mortgagor agrees to increase the maximum amount. After the mortgage registration, a new mortgage relationship is established. However, without the consent of the mortgagor or without registration, the mortgage will not take effect, and the mortgagor will not bear the guarantee responsibility for the increase; Even with the consent of the mortgagor and effective registration, the mortgagee may not use it to increase the number of subsequent mortgagees established before the change registration. The second is the change of the loan term. The term agreed in the maximum loan mortgage contract may be changed by both parties to the loan contract through consultation, and the mortgagor may also agree to the change agreed by both parties to the loan contract. However, if the above three parties negotiate to change the mortgage term, they shall not object to the established subsequent mortgagee. If in repeated mortgage, the mortgagee in the first order negotiates with the borrower and the mortgagor to extend the mortgage date of the maximum loan, and the creditor's rights generated by the extension are invalid to the mortgagee in the later order when dealing with the collateral, that is, the mortgagee in the later order shall not be compensated in priority.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.