Legal analysis: not counting. If the borrower and the lender have not agreed on the interest, and the lender claims to pay the interest during the loan period, the people's court will not support it. If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for the loan between natural persons, if the agreement between the borrower and the lender on the loan interest is unclear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market interest rates and other factors.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 409 The mortgagee may give up the mortgage or the ranking of the mortgage. The mortgagee and the mortgagor may agree to change the mortgage order and the amount of secured creditor's rights. However, without the written consent of other mortgagees, the change of mortgage right shall not adversely affect other mortgagees. If the debtor mortgages his own property, and the mortgagee abandons the mortgage, the mortgage order or changes the mortgage, other guarantors shall be exempted from the guarantee liability within the scope of the mortgagee's loss of priority rights, except that other guarantors promise to still provide the guarantee.

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.

Article 411 Where a mortgage is established in accordance with the provisions of Article 396 of this Law, the mortgaged property shall be determined under any of the following circumstances:

(a) the debt has expired and the creditor's rights have not been realized;

(2) The mortgagor is declared bankrupt or dissolved;

(3) The circumstances for realizing the mortgage agreed by the parties;

(4) Other circumstances that seriously affect the realization of creditor's rights.