The bank guarantee contract has a one-year term, and the lender has not paid it back, and the bank has not informed the guarantor. It has been more than ten years now. Is the guarantor still responsible? The responsibility of the guarantor exists until the end of the guarantee.
As you said, the bank lost its statute of limitations. If the bank files a lawsuit now, the court will not accept it.
Not that your guarantee responsibility is gone.
After signing a loan contract, the borrower fails to get the loan, the payer is not the lender, and the bank sues the guarantor when the contract expires. Is the guarantor responsible? According to the guarantee law
Article 5 A guarantee contract is a subsidiary contract of the main contract. If the main contract is invalid, the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
Look at the agreement first. If there is an agreement or the agreement is not clear, the guarantor still needs to bear the guarantee responsibility. After assuming the guarantee responsibility, you can recover from the borrower or the responsible person (payer).
If the guarantee contract is invalid, in your case, the guarantor is exempted from the guarantee responsibility.
How long does the lender's loan guarantor guarantee? Guarantee until the loan is paid off. If the lender does not pay back the money, the guarantor will pay back the money. If the mortgage property of the lender is not enough for the loan, the guarantor will be auctioned.
Is it the guarantor's responsibility for the lender to imitate the guarantor's signature to renew the loan and defraud the bank loan? What legal procedures should I take? It is illegal to break the law.
He violated the provisions of Article 175 of the Criminal Law of People's Republic of China (PRC) and was suspected of defrauding a loan fraud case.
According to the "Criminal Law Amendment (VI)", it is added: "Article 175-1 has obtained loans, bill acceptance, letters of credit, letters of guarantee, etc. Whoever, by deception, causes heavy losses to banks or other financial institutions or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
When is the relationship between the guarantor and the lender? When the lender and the guarantor are husband and wife, children and parents, the bank will not give you a loan.
Should the loan be repaid by the guarantor if the lender dies of illness during the loan contract? In general, loans are secured, such as real estate. If your father signed a mortgage contract with the bank, the bank will take over your house if you can't get the money when the loan expires. If it's not a mortgage, it depends on whether your father borrowed money for family life or something else. If it's for family life, then your mother is also jointly and severally liable.
The debtor has expected to breach the contract, and the creditor does not inform the guarantor to continue lending. Does the guarantor have the guarantee responsibility for the subsequent loan? According to Article 20 of the Guarantee Law, during the guarantee period, the creditor and the debtor change the main contract in terms of quantity, price, currency and interest rate. If the debtor's debt is reduced without the consent of the guarantor, the guarantor shall still be liable for the changed contract; Where the debtor's debt is aggravated, the guarantor shall not be liable for the aggravated part. More detailed terms of debt guarantee can be found on China Debt Online.
It is the guarantor's responsibility for the creditor not to inform the guarantor to continue lending, and some of the guarantors are no longer responsible.
At present, the guarantor is not required to repay his father's debt, but if you have property in your name, the bank can apply for a law to freeze this part of your property. Of course, your mother's money belongs to your mother, and it has nothing to do with you.
If the lender runs away and the guarantor signs the contract, but the guarantor is not present when the lender trades with the lender, what responsibility should he bear? If the signature is consistent with the guarantor, the guarantor will bear the responsibilities written in the contract.