What should I do if there are several mortgages on the same property?

Real-world problems. In order to borrow, Lao mortgaged his house to Zhuang in January 2008 and borrowed 100,000 yuan for a period of 2 years, but did not register the mortgage. In December 2008, he borrowed another 200,000 yuan from Shen for a period of one year, and at the same time mortgaged the house to Shen and handled the mortgage registration.

In January 2009, he borrowed another 50,000 yuan from Niu for a period of one year, mortgaged the above-mentioned house to Niu, and handled the mortgage registration. In February 2010, Zhuang, Shen, and Niu all urged Lao to borrow money, but Lao said that he could not repay it, and now all three of them have sued Lao to the court, and the court has auctioned the house for 300,000 yuan, so what should be the order of repayment?

Lawyer answers. According to the provisions of the Property Law, if the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions: (1) if the mortgage has been registered, it shall be repaid in accordance with the order of registration; if the order is the same, it shall be repaid in accordance with the proportion of creditor's rights; (2) the mortgage is registered before the unregistered payment; (3) If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights.

Therefore, according to the provisions of the law, the 200,000 yuan of Shen who was registered in the mortgage should be repaid first, and then the 50,000 yuan of Niu who was registered in the mortgage should be repaid, and finally the money of Zhuang who has not been registered as a mortgage should be repaid, and the shortfall should be paid off by Lao.

Links to legal provisions. Property Law of the People's Republic of China

Article 199:Where the same property is mortgaged to two or more creditors, the proceeds from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions:

1) If the mortgage has been registered, it shall be repaid in the order of registration; if the order is the same, it shall be repaid in accordance with the proportion of creditor's rights;

(2) the mortgage is registered before the unregistered payment;

(3) If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights.

If there are two or more mortgagors of the same creditor's right, and the creditor waives the mortgage guarantee provided by the debtor, the other mortgagors may request the people's court to reduce or exempt them from the guarantee liability they should bear.

In the case of two or more mortgages on the same property, the realization of the mortgage right: According to the provisions of the Civil Code, if the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged potato property shall be repaid in accordance with the following provisions: (1) If the mortgage has been registered, the order of repayment shall be determined according to the time of registration; (2) where the mortgage has been registered before the unregistered payment; (3) If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights.

According to Article 414 6868 of the Civil Code, where the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions: (1) Where the mortgage has been registered, the order of repayment shall be determined in accordance with the time of registration; (2) where the mortgage has been registered before the unregistered payment; (3) If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights. For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

If there are two or more mortgagors of the same creditor's right, and the parties have not agreed on the share or order of the creditor's rights secured by the mortgaged property provided by the mortgaged property or the agreement is unclear, the mortgagee may exercise the mortgage right in respect of any or each of the properties, and after the mortgagor assumes the guarantee liability, it may recover from the debtor, or may require other mortgagors to pay off its share that it should bear. Article 397 of the Civil Code of the People's Republic of China Where a building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together.

Where the mortgagor does not mortgage together in accordance with the provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together. Article 398:As instructed, the right to use the land for construction of township and village enterprises shall not be separately mortgaged. Where buildings such as factories of township or village enterprises are mortgaged, the right to use construction land within the scope of their occupation shall be mortgaged together.

Summary. Dear, I am glad to answer for you: to set up multiple mortgages on the same collateral, the specific can be handled according to the following principles:

1.If the registration of the mortgage contract takes effect, it shall be repaid in the order in which the mortgage registration takes effect, and if the order is the same, it shall be repaid in accordance with the proportion of the creditor's rights; 2.If the mortgage contract takes effect from the date of signing, the mortgage shall be repaid in accordance with the order in which it was registered, and if it has not been registered before the implementation of the Security Law, it shall be repaid in the order of the effective time of the contract, and if it is in the same order, it shall be repaid in accordance with the proportion of creditor's rights.

The collateral is registered before the unregistered payment.

Dear, I am glad to answer for you: to set up multiple rights of defeat on the same collateral, which can be handled according to the following principles: 1

If the registration of the mortgage contract takes effect, it shall be repaid in the order in which the mortgage registration takes effect, and if the order is the same, it shall be repaid in accordance with the proportion of the creditor's rights; 2.If the mortgage contract takes effect from the date of signing, if the mortgage has been registered, it shall be repaid in accordance with the order of registration, and if it has not been registered before the implementation of the Guarantee Law, it shall be repaid in the order of the effective time of the contract, and if the order is the same, it shall be repaid in accordance with the proportion of creditor's rights. The collateral is registered before the unregistered payment.

Legal basis: Article 394 of the Civil Code of the People's Republic of China Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, the debtor who has omitted the creditor's right has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides security for Wang Xian is the mortgaged property.

Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; Where the return to the tomb is not exercised, the people's courts will not protect it.

The manner in which two or more mortgagees on the same property are paid should be determined on a case-by-case basis. According to Article 414 of the Civil Code of China, the same property is mortgaged to two or more creditors, and the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions: if the mortgage rights have been registered, the order of repayment shall be determined according to the time of registration; If the mortgage is not registered, the registered one shall be compensated before the unregistered one; If the mortgage rights have not been registered, it shall be repaid in accordance with the proportion of the creditor's rights.

Therefore, if there are two or more mortgagees on the same property, the registered one is better than the one that is not registered, and the one registered first is better than the one that is registered later, and the one that is registered later is better than the one that is registered later, and both of them are not registered and repaid according to the proportion of the creditor's rights. Article 414 of the Civil Code of the People's Republic of China: Where the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions: (1) Where the mortgage has already been registered, the order of repayment shall be determined in accordance with the time of registration; (2) where the mortgage has been registered before the unregistered payment; (3) If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights.

For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.