If you can't find a guarantor for the loan, you can make a mortgage loan. The debtor may mortgage buildings and other ground attachments, production equipment, raw materials, semi-finished products, products, means of transport and other property to ensure the realization of loans. In order to ensure the performance of the debt, according to Article 394 of the Civil Law, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, and if the debtor fails to perform the due debt or realize the mortgage 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.
Second, the friend loan, the guarantee I made, now people can't find it. What should I do?
Supplementary answer:
First of all, you are the lender, and you need to repay the loan. If you don't pay it back, the bank will refer your case to others, instead of using the case that you lent money to others, because there is no necessary connection between borrowing money and lending. At that time, you still have to pay back the money from the bank, and you may have to pay a late fee or something.
Secondly, if you lend money to your friends, you should start asking for money. If you can't find someone, you'd better file a civil lawsuit and ask for property preservation within one year.
These are two cases, handled separately. For you, according to the current situation, you can only repay the loan by yourself, otherwise it will endanger your credit. Bank appeal, you are the defendant, not a friend!
Be careful when making friends. This is lifelong advice from 20 thousand won!
——————————————————————————————
Hello, your case has to go through legal procedures. The following are loan guarantee provisions that may be related to your situation, and I hope they will help you.
According to Article 6 of Section 1 of the Loan Guarantee, the guarantee mentioned in this Law refers to the guarantor and the creditor.
When it is agreed that the debtor will not perform the debt, the guarantor will perform the debt or assume the responsibility as agreed.
Article 12 Where there are more than two guarantors for the same debt, the guarantors shall provide a guarantee in accordance with the provisions of the guarantee contract.
Share, bear the responsibility of guarantee. If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liability, and the creditor may
Any guarantor is required to bear all the guarantee responsibilities, and the guarantor has the intention of ensuring the realization of all creditor's rights.
Service. The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask for joint liability.
Other guarantors shall pay off their shares.
Article 16 The guarantee methods are: (1) General guarantee; (2) Joint and several liability guarantee.
Article 17 If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, the suretyship liability shall be as follows
General guarantee. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has been enforced according to law.
Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph:
(a) the debtor's domicile has changed, and the creditor has great difficulty in asking him to perform his debts;
(2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure;
(3) The guarantor waives the rights stipulated in the preceding paragraph in writing.
Article 18 If the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, they shall
Joint liability guarantee. The debtor of joint and several liability guarantee fails to perform when the debt performance period agreed in the main contract expires.
When a debt occurs, the creditor may require the debtor to perform the debt or the guarantor to bear it within the scope of its guarantee.
Take the responsibility of guarantee.
Article 19 If the parties have not agreed or clearly agreed on the method of guarantee, they shall bear the guarantee according to joint and several liability.
Take the responsibility of guarantee.
Article 20 A guarantor of a general guarantee and a joint and several liability guarantee enjoys the debtor's right of defense. Debtor abstained.
The guarantor still has the right to defend the debt. The right of defense refers to the creditor's debt when exercising his creditor's rights.
Against the creditor's right to exercise the right of claim according to legal reasons.
Section 3 Liability for Guarantee
Article 21 The scope of guarantee includes principal creditor's rights and interests, liquidated damages, damages and realized debts.
The cost of rights. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 25 If the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be the principal debt.
Six months from the expiration of the performance period. During the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the creditor's rights
If the person fails to bring a lawsuit against the debtor or apply for arbitration, the guarantor shall be exempted from the guarantee liability; Creditors have paid.
In case of litigation or application for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
Article 26 If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor shall have the right.
Within six months from the date of the expiration of the performance period of the principal debt, the guarantor is required to assume the guarantee responsibility within the guarantee period stipulated in the contract.
During the guarantee period specified in the preceding paragraph, if the creditor fails to ask the guarantor to assume the guarantee responsibility, the guarantor shall be exempted from the guarantee.
Burden of proof.
Thirtieth any of the following circumstances, the guarantor shall not bear civil liability:
(a) the parties to the main contract collude to defraud the guarantor to provide a guarantee;
(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor go against his true meaning.
To make sure.
Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.
Article 32 After the people's court accepts the debtor's bankruptcy case, if the creditor fails to declare his creditor's rights, the guarantor may
Participate in the distribution of bankruptcy property and exercise the right of first recourse.
Third, the loan can't find a guarantor?
If the loan has no guarantor, you can find a guarantee company designated by the bank to guarantee it.
Guarantor refers to a legal person, other organization or individual who has the ability to pay off bill debts on his behalf.
The guarantor and the guaranteed bear the same responsibility.
Branches and functional departments of state organs, institutions, social organizations and enterprise legal persons shall not act as guarantors.
legal ground
Article 6 of the Guarantee Law The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
4. I guarantee others in the credit union, and the lender can't afford it. What should I do?
What should I do? Pay it back. There is no other way, otherwise they will enforce it. I don't know which day I will arrest you, stay in it for a week and then come out. How many times a year?
My husband made a guarantee for others, and then the borrower refused to pay it back. There is no way. We paid it back. It's been six years. What is even more exasperating is that this man gave money to his relatives, and later revealed that his relatives owed the bank more than one million yuan. Later, he left it alone and cheated. But we paid him back, which has nothing to do with his relatives.
When we asked him to pay back the money, he cheated and said he didn't spend it Buy your own car and house, but don't pay back the money. When such a thing happens, I think I'm unlucky.
If the person who owes money just doesn't pay it back temporarily, help him pay it back, and then pay you back slowly later. Even if you help him, if this person still has a conscience, he will be grateful to you.