Current location - Loan Platform Complete Network - Loan intermediary - A debtor owes money to many people and asks others to guarantee the loan. When a creditor applies for auction of property, the bank may demand priority in repaying the bank loan?
A debtor owes money to many people and asks others to guarantee the loan. When a creditor applies for auction of property, the bank may demand priority in repaying the bank loan?
1. If the debtor borrows money from the bank with property as collateral, the mortgagee (that is, the bank) has the priority to be compensated. According to Article 196 of the Property Law (Article 4 10 of the Civil Code), the mortgagee may agree with the mortgagor to discount the mortgaged property or auction or sell the mortgaged property.

2. Another payment order: Article 47 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulated by the Ministry of Construction: "The proceeds from the disposal of mortgaged real estate shall be distributed in the following order: (1) paying the expenses for the disposal of real estate; (2) Deducting the tax payable for mortgaged real estate; (3) Repaying the principal and interest of the mortgagee's creditor's rights and paying liquidated damages; (four) compensation for the damage caused to the mortgagee by the debtor's breach of contract; (5) Return the balance to the mortgagor. When the proceeds from the disposal of mortgaged real estate are insufficient to pay debts, liquidated damages and compensation, the mortgagee has the right to recover from the debtor for the insufficient part.