Is private lending risky?
In private lending, we need to pay attention to the following risks:
(1) The loan funds should be well documented: the proof of private lending includes two elements: the agreement of lending and payment. It is best to issue a written loan, and at the same time, fix the evidence of payment delivery by bank transfer to avoid disputes over whether to lend money afterwards.
(2) Be cautious as a guarantor: If the borrower appears as a guarantor, he should bear the guarantee responsibility, not just a witness, and should bear the repayment responsibility when the debtor cannot repay the loan.
(3) usury is not protected by law: if the lender agrees to pay high interest when lending funds, the annual interest rate exceeding 24% will not be protected.
(4) Stay away from illegal fund-raising: If the borrower borrows a lot from an unspecified public, it may constitute crimes such as illegally absorbing public deposits or fund-raising fraud. When lending funds, the lender shall investigate the borrower's credit status and examine whether the borrower is engaged in illegal fund-raising activities. Especially in P2P loan transactions, credit review should be strengthened to prevent P2P? The company took the money.
(5) Illegal debts are not protected by law: the breaking-up fees incurred by men and women who don't proper relationship, the entrustment fees incurred by "looking for relationships and entrusting people" and the gambling debts incurred by gambling are all illegal debts, and even if they sign IOUs, they are not protected by law.
(6) Remember not to be overdue: the lender should actively claim the creditor's rights after the loan expires. If the lender has never claimed the creditor's rights within two years after the loan expires, the borrower may claim that the loan has expired without returning it.
(7) Be cautious when signing commercial housing sales contracts to guarantee loans: the lender should use legal guarantee methods such as mortgage to guarantee the performance of debts. Lenders who only sign commercial housing sales contracts with borrowers or detain real estate licenses to guarantee loans should generally be treated as private lending relationships. If the parties advocate auctioning the subject matter of the sale contract to repay the loan, they can support it.
(8) false litigation should be investigated for legal responsibility: in divorce proceedings, if a spouse and a third person make up debts and ask the other party to bear the responsibility, it will not be supported. If both husband and wife use divorce as an excuse to avoid debts, they should still be responsible for the debts during the existence of the husband and wife relationship. For those who are found to belong to false litigation, the court may take compulsory measures such as fines and detention, and those who constitute a crime shall also bear criminal responsibility.
What are the risks of private real estate mortgage?
Regarding private real estate mortgage loans, there are usually the following risks:
(1) The agreed interest is seriously inconsistent with the actual interest.
(2) The company that handled the mortgage loan closed down, the deposit property certificate could not be recovered, and the mortgage registration could not be revoked, resulting in the inability to buy or sell the property and to lend.
(3) The agreed interest rate is very low, but there are many other expenses, such as deposits and handling fees.
(4) Find a private person to handle the loan, and the money has been paid off after the maturity, and the lender does not cooperate with the cancellation of mortgage registration, or requires additional fees.
(5) Many "dirty" companies want your house instead of a loan.
Is private lending risky? What are the risks of private real estate mortgage? From the above, we know that private lending is risky, so we must be cautious in the process of lending and avoid being routine.