Legal measures taken to ensure the realization of creditor's rights. Judging from the content of China's guarantee law, the guarantee of debt should refer to a method based on certain property of the parties, which can be used to urge the debtor to perform the debt and ensure the realization of the creditor's right. The guarantee in the guarantee law, like the debt guarantee, is a general concept with rich connotation and extensive extension. There is no clear definition of this in our legislation. Mortgage, called mortgage in banks or real estate circles, refers to the provision of private assets (whether it is an act or not, it usually occurs in the mortgage loan lent by banks when buying real estate or discounting non-real estate items in pawn shops). Generally speaking, there are two kinds of "unsecured loans", and mortgage is the price difference 1. Pledge is a kind of security interest. The biggest difference between mortgage and pledge is that mortgage does not transfer collateral, but pledge must transfer the possession of pledged goods, otherwise it is not pledge but mortgage. The second big difference is that the transfer of pledge is not possession, but registration. 2. Mortgage and pledge are economic activities in China. But in fact, people often write them as mortgages. Do you know what the legal consequences of mortgage and mortgage are? (1) Mortgage refers to the real right that the debtor or the third party does not transfer the possession of its specific property and takes the property as the guarantee of creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount or give priority to paying the auction or sale price according to law. Property is called collateral, and the debtor or the third party is called mortgagor. Mortgage can be divided into two types: legal and agreed. Statutory, whether agreed or not, must comply with the provisions; If the law allows the parties to agree, it can be settled through consultation. The collateral must be the transferable property owned by the mortgagor, and anything prohibited by law or not enjoyed by the parties shall not be used as collateral. A written contract shall be signed for mortgage guarantee, and the contents of the contract shall also include the type and amount of the principal debt guaranteed, the time limit for the debtor to perform the debt, the name, quantity, location, ownership and mortgage scope of the collateral. The mortgage guarantee shall be registered according to law, and the mortgage contract shall take effect from the date of registration. The mortgage registration acceptance organ is the real estate management organ. For example, the mortgage registration of land use rights is the land management authority, and the mortgage registration authority of ships and vehicles is the transporter. (2) Pledge refers to the property right that the debtor or a third party transfers its specific property to the creditor's rights, and when the debtor fails to perform the debt, it will be paid in priority with the price of the property discounted or auctioned or sold. Property is called pledge, and the person who provides the property and enjoys the pledge is called pledgee. The pledge guarantee takes effect when it is signed in writing and handed over to the pledgee for possession. The contents of the pledge contract are basically the same as those of the mortgage contract. Mode of guarantee responsibility 1, general guarantee responsibility. 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 in advance for the property of the creditor and debtor in the main contract. If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. When the debtor fails to perform the due debt, the creditor may require the debtor to perform the debt, or may require the debtor to bear the responsibility. If the suretyship contract is unclear, the specific ways of suretyship liability shall be borne by the parties concerned, and the suretyship liability shall be borne according to the joint and several liability suretyship. The guarantor shall bear the guarantee responsibility within the agreed guarantee period. If it is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period.

Second, what are the ways of mortgage loan?

The ways of mortgage loan are: according to the subject, it can be divided into mortgage provided by the debtor and mortgage provided by the third party; According to the collateral, it is divided into housing mortgage, construction land use right mortgage, production equipment mortgage, raw material mortgage and transportation means mortgage. In order to ensure the performance of the debt, according to Article 394 of the Civil Law, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, and if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property. Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.

3. What are the ways of mortgage loan?

(1) mortgage loan. In other words, the borrower provides a certain amount of property to the bank as credit collateral. (2) Credit loans. That is, the bank only gives loans based on the trust of the borrower's credit, and the borrower does not need to provide collateral to the bank. (3) secured loans. That is, a loan issued with the guarantor's credit as the guarantee. (4) Loan discount. In other words, when the borrower is in urgent need of funds, he applies to the bank for discount with unexpired bills to finance. General loan is a form in which collateral reacts to the value of collateral to extract cash value, even if it is private.

4. Can I change the repayment method in the middle of mortgage loan?

In a normal mortgage loan, the repayment method is signed in the loan contract and cannot be modified. If there is no penalty for prepayment, and you have enough money, you can try prepayment, then re-sign the loan and lend it out.

(This operation is not suitable for banks, because, firstly, there will usually be liquidated damages, and secondly, if there is no liquidated damages, there may be problems that the repayment period is too long or loans will not be issued after repayment. )