The guarantor does not have the qualification of guarantee. The guarantee law stipulates that a guarantor must have certain qualifications, and state organs, schools, kindergartens, hospitals and other public welfare institutions and social organizations may not act as guarantors. But in practice, some loans are guaranteed by some state organs. As the expenditure of state organs and institutions depends on financial allocation, the unit has no right to dispose of its own assets, in fact, this guarantee becomes invalid.

The guarantor does not have the ability to guarantee. Although the guarantor in this kind of loan is not a state organ, institution or social organization, it seems to have qualified guarantee qualification, but it does not have guarantee ability in essence. The guarantee law stipulates that legal persons, other organizations or citizens who have the ability to pay off debts on their behalf can act as guarantors. The key here is to have the ability to pay their debts. However, in practice, there are cases where there are "guarantors" who are unable to pay off debts on behalf of enterprises. For example, the borrower is an engineering cost firm, but its legal person is the person in charge of the state administrative organ; Some guarantors guarantee in several banks, mutual insurance and chain guarantee. In this case, if the borrower fails to pay off the debt when the loan expires, the bank shall investigate the guarantor's guarantee responsibility and joint liability. The above-mentioned irregularities lead to the failure of the bank's creditor's rights to the guarantor, which will inevitably cause credit risk to the bank.

Improper bank operation leads to the existence of defective guarantee. Mainly manifested in: first, the guarantee contract stipulates that the legal representative or authorized agent of the guarantor must sign and affix the official seal, while some contracts only sign or affix the official seal; Second, when the loan is not returned due, the bank does not pay attention to the collection of the guarantor, and the collection notice is often only signed and sealed by the borrower, but not by the guarantor; Third, some guarantee contracts are shorter than loan contracts.

Frequently asked questions about collateral. The main reason is that the borrower's collateral is not registered with the relevant departments, and the bank acquiesced in this situation for various reasons, making the mortgage loan actually "ineffective". In addition, the collateral has not been evaluated by relevant departments, which leads to the phenomenon of collateral over-value mortgage from time to time.