You need to bear certain joint and several liabilities, that is, some obligations that the debtor can't perform. Generally speaking, being someone's guarantor is also risky. If this person refuses to repay the debt because he is dishonest and unable to repay it, or pushes the pot to the guarantor, the guarantor needs to bear great responsibility. Extended data:
A loan guarantor refers to a legal person, other organization or citizen who has the ability to pay off debts on behalf of the guarantor and creditors and can act as a guarantor. Mortgage guarantee: if the borrower uses the purchased house for personal use as the loan collateral, the full value of the house must be used as the loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender. Pledge guarantee: at the time of pledge, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation. Guarantee: If the borrower fails to provide the mortgage (pledge) in full, the third party recognized by the lender shall provide guarantee and bear joint liability. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, the principal and interest have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked. Mortgage plus guarantee refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. Now it is generally required that the developer of the purchased house be the guarantor.
2. What is the responsibility of the bank loan guarantor?
First of all, you should clearly distinguish between a problem, that is, whether the lawsuit is won or not, and who will pay back the money, which are subject to the loan contract or loan agreement. If there are facts that show that the contract is forged, you can continue to investigate and collect evidence. After all, it can't be fake, but the other party is a bank with internal black-box operations, you know. Unless conclusive evidence is produced, the bank is likely to win the case. So the road will be tortuous and the future will not be bright. Answer your first question 1. You vouched for your dead friend. The contract will definitely state that if he doesn't pay back the money, you will bear unlimited joint liability. To put it bluntly, if he doesn't pay back (for whatever reason), you have to pay back. After the contract expires, if he doesn't pay back the money, the bank will ask you for money. If you can't get the money, you can apply for preservation, seizure and enforcement of your or his property. But the situation is that your dead friend didn't ask the bank for repayment, but applied for renewal. Previous contracts automatically expire. Then it can be said that as long as the contract does not make you bear unlimited joint liability, you have nothing to do with the loan of your dead friend. The second question. First of all, you understand that legal contracts are time-limited. The final, valid and authentic contract shall prevail. In other words, the latter contract is fake, and the former contract (the contract you guarantee) is real. The contract signed by you shall prevail. Then, you act as a guarantor in this loan. If the borrower dies, the guarantor will repay the loan. Ps: I don't understand why you should testify. Why does he need you to file a lawsuit? A dead friend applied for a secured loan from another friend of yours. He died, and your other friend returned the money. If you go to prove that another friend's loan guarantee contract is false, and you guarantee the contract in 2006, then, to put it bluntly, you have to pay back the money. Whose idea was this? And asked me if I could win. Are you confused? Brother, think twice! ! !
3. What responsibilities does the bank loan guarantor need to bear and need to issue a house certificate?
Hello, the guarantor wants the guarantor's right of recourse against the lender who repays the loan on behalf of the guarantor. At the same time, it depends on whether there is joint liability for the guarantor's guarantee liability in the loan contract. That is to say, whether there is a special clause or text that clearly stipulates the guarantee responsibility. If an agreement is reached, the lender may require the guarantor and the jointly and severally liable person to repay the loan first, including all their assets, until they are unable to repay.
4. Is it legal responsibility for me to guarantee others' bank loans?
Need to bear legal responsibility;
Guarantee law
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, it is a general suretyship.
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 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.
If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.