Legal advice regarding repayment measures and property storage

1) According to the repayment agreement between the two parties: your father only allows the office space and facilities to be "safekept" by the other party if the repayment cannot be made when due, and the parties do not agree that the other party can rent out your father's premises for profit.

2) Also, do you say this house is "public housing"? Is it your father's public housing? If so, if the public housing is sublet for profit, even if your father agreed that the other party can rent it out in the repayment measure, it still needs to be agreed by all the units of the public housing to be valid.

2. However, because your father is the debtor, it is not of much benefit to sue if you sue for the other party to rent out the venue that the other party will keep for profit, so it is recommended that your father negotiate with the other party to offset the rent obtained from the other party's rental against your father's arrears and then settle the lawsuit, and try not to make a big deal for the owner of the public housing to know.

3. "The witnesses are all relatives of the plaintiff, whether they have legal effect": Yes, but because of the kinship between the witness and the plaintiff, the probative power of their testimony is low, and there should be other evidence to support the facts to be proved.

4. In fact, the repayment agreement is the most powerful documentary evidence, and if this agreement and the testimony of relatives can corroborate each other, it is enough to prove the facts to be proven.

However, it is still advisable to follow the path of a negotiated settlement.

You can't tell me clearly, but from the above, it seems that you are the plaintiff and your father is the defendant. Your father owes you money for the car and is willing to hand over the office building to you for safekeeping until the arrears are paid off.

1. The public building is for you to keep and is neither a sale nor a mortgage. Since the property is still in your father's hands, he certainly has the right to rent it out for a profit.

2. No matter who the witness is, as long as he has the capacity to act, he or she has legal effect, but the level of effectiveness is different.

1. It can be rented out for profit.

2. Effective.

The guarantor here is the guarantor, and if the lender fails to repay the loan when due, the bank can require the lender or guarantor to repay the loan. If your friend provides a guarantee in kind (generally banks accept mortgage loans), and the loan is not repaid when it expires, the loan will be repaid with the price of the house, and your friend will not be liable as a guarantor.

The guarantor is to bear joint and several liability, that is, if your friend's friend does not repay the loan on time, the bank will urge within a certain period of time, and if your friend's friend has not repaid, then your friend will bear the repayment responsibility, that is, the mortgage will be used to repay the auction proceeds.

Hello netizens: mortgages, pledges, and guarantees are all forms of guarantee; In other words, the guarantor can be a mortgagor, a pledgee, or a guarantor.

The guarantor is the creditor, who does not pay him back.

The witness is the creditor's non-repayment, and he proves that the creditor borrowed money.

As long as the creditor pays the money, the guarantor will be fine and there will be no formalities.

Guarantor is a general term for the guarantee of things and the guarantee of people. In fact, the security of the thing is usually called the mortgagor or pledgee, and the guarantee of the person is called the guarantor. If your friend is using his own property as a guarantee, then when the guarantor, that is, the borrower, cannot repay the arrears on time, he needs to pay off the debt within the scope of the property he provides security; If your friend provides a guarantee with personal credit, then if the guarantor, that is, the borrower, cannot repay the arrears on time, you need to bear joint and several liabilities.

The guarantee contract is a subordinate contract, and once the principal claim is extinguished, the guarantee contract is terminated. Therefore, if your friends and relatives can repay the loan when it is due, they do not need to go through any formalities afterwards and do not need to worry too much. The most important thing to pay attention to is whether their relatives are solvent.

Hope it helps.

should be effective. It is an implied right**, and you may have to bear some responsibility.

It depends on the contract and some specific conditions at the time.

You should bear it when you are an adult.

If you're underage, it's easier to deal with.

If the parent's behavior is recognized by you, the contract is validly formed. Parents should also do this for the benefit of their children, so if the parents' ability to repay decreases, it is better for you, as the nominal buyer, to bear this repayment obligation. Otherwise, if the repayment is overdue, the bank will sue you and require you to repay the loan and bear the corresponding liability for default, resulting in greater losses.

It depends on whether you are an adult now.

A lawsuit can be filed: avoidance of the contract.

According to you, the debt performance period has expired and the debtor has not fulfilled the debt as agreed.

C can ask A and B to buy a house for him, of course, because there is no agreement on liquidated damages, if the house ** is much higher than 20w, A and B can only pay 20w in cash on the grounds of change of circumstances, and give a certain amount of compensation appropriately.

From the literal analysis of the contract, A and B borrowed money from C, and when A and B were unable to repay the loan, the house was delivered to C as consideration, which was actually a loan contract with a guarantee clause. In the contract, the house is the collateral. According to the relevant provisions of the Civil Law and the Property Law, when the creditor's right cannot be realized, the collateral can be realized to repay the loan.

Therefore, C should first require A and B to repay the loan, and if A and B are unable to repay, C may request the people's court to auction or sell the house in order to realize the creditor's rights.

First, analyze whether the loan repayment period is more than 2 years; If not, C will repay the loan when it asks for it. Due to the change in the social situation on which the IOU is based at that time, it would be unfair to claim the house, and it may be claimed to be changed or revoked, repaid in cash, or discounted in value.

There is a risk of joint debts, if the husband borrows money for household expenses, then the debt is a joint debt, and you are obliged to bear it, if you have evidence that the husband borrowed money for personal expenses, then your account should not be seized by the court, and the value of the seized property is based on the size of the debt, and all bank accounts will not be frozen indefinitely.

If it is the joint property of the husband and wife, it may be seized or frozen, and the other party sues the court and then donates it to others, which is an act of concealing property to evade debts.

It mainly depends on the nature of the wife's personal property. Whether it is a pre-marital property or a post-marital purchase of joint property. This situation is more complicated, and it is recommended to consult a professional lawyer. Search Beijing Yuanyuan Law Firm and consult with them.

If it is found to be the joint property of the husband and wife, it may be sealed or frozen. If the property is transferred to the children after the lawsuit is filed, it will also be considered as an act of concealing assets to evade debts and will be seized or frozen.

Unless it can be proved that the man's debt is not related to the woman.

So get a divorce now, the property can be traced back to the family.

It is difficult to deliberately circumvent the law, so it is better to be honest! It also depends on the reason why your husband owes money.

1. First of all, it depends on whether the husband and wife have made a special agreement on the economic income of both parties after marriage. If not, the income of both parties belongs to the joint property of the husband and wife, and if the property right of the house is registered in the wife's personal name, it also belongs to the joint property of the husband and wife.

2. If the husband is sued for owing money, it depends on whether the debt is a joint debt of the husband and wife in nature, and if it is characterized as a joint debt of the husband and wife according to law, even if the loan is borrowed in the name of the man, the wife must bear the joint and several liability for repayment. Therefore, depending on the specific facts of the case, the suing creditor may apply to the court to take litigation property preservation measures against the wife's property.

3. If, after the creditor sues, the debtor couple donates the house to the children, regardless of whether it has been notarized or not, there is still a possibility that the property rights of the house may be frozen by the court before the property rights are transferred and registered in the names of the children.

It's entirely possible.

The Supreme People's Court has promulgated the Provisions on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts

Article 20 clearly stipulates that if the following three circumstances are met, and the person subject to enforcement raises an objection on the grounds that the subject matter of enforcement is the residential house necessary for the maintenance of life for himself and his dependents, the people's court will not support it:

Where the person subject to enforcement has other housing in his name that can maintain the necessities of life, such as the person subject to enforcement is an elderly person and the son has real estate in his name, which can ensure the residence of the elderly;

The person subject to enforcement transfers other houses in his name in order to avoid debts;

The applicant for enforcement provides residential housing for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the price of the house with reference to the average rent standard of the local housing rental market.

If the above circumstances are met, if the person subject to enforcement still refuses to move out after the three-month grace period, the court will enforce it.

Hello, your mother's loan is a joint debt of their husband and wife and should be borne by them jointly.

Yes if enforced.

Any property in the name may be seized or frozen.

It is advisable to take the initiative to negotiate repayment with creditors.

Being included in the list of dishonest can also have a negative impact.

Hello, now the court can enforce the only set of housing. However, due to the certain and special characteristics of the houses on the homestead, how to implement this piece depends on the attitude of the law enforcement court.

Your parents' loans, if they are joint debts of the husband and wife, should be repaid jointly.

The only house is generally not enforced by the courts.

If it is a rural house, it is more difficult to implement.

It's not helpful for you to worry about this question now. Whether or not to sue you can only be determined by the plaintiff based on the evidence.

Private lending refers to the act of financing between natural persons, legal persons, and other organizations and among themselves, rather than financial institutions and their branches established with the approval of the financial regulatory authorities.

In real life, there are a large number of private loans, and there are many disputes caused by this. Some private loans have not signed any contracts; Although some contracts have been signed, the provisions are not detailed enough, and even the contract is invalid and becomes ineffective. So, what should we pay attention to in private lending?

First, it is flexible in the way of handling disputes.

litigation", which specifically refers to a summary procedure prescribed by law, that is, a supervision procedure. This procedure was introduced in the Code of Civil Procedure, as amended in 1991. If the debtor has no objection within the specified time, the payment order becomes legally effective.

If the debtor fails to meet the repayment obligation, the court may enforce it.

Second, the borrowing procedures must be complete in private lending.

As the saying goes,"Brothers, settle accounts"No matter how good the relationship is, it is necessary to fulfill the basic formalities so that disputes that may arise in the future can be avoided. First, it is best to take the form of a situation, in which the borrower will make an IOU and hand it over to the creditor for safekeeping. If it is really going to be oral, it is best to have two or more disinterested persons present to testify; Second, the IOU should generally contain in detail the names of both parties, the amount of the loan (both cases should be clear and explicit), the term, interest, repayment time and other basic terms; Third, if the same loan needs to be extended, a new IOU should be issued, so as not to be troublesome; Fourth, if a husband and wife or a member of the family borrow money in the name of one person for joint use, the purpose of the loan must be indicated and the names of both husband and wife and family members must be signed.

Third, it is good at using guarantee clauses to reduce risks.

If the loan amount is large, and the borrower's repayment ability or credit is in doubt, it is best to use the borrower's property as collateral, such as real estate, valuable**, vehicles, etc. (the above must be registered with the relevant departments to be valid), or ask a third party to guarantee. This avoids the borrower's inability to repay the debt, the creditor"Lost in blood"Possibly.

The first thing to do is to determine what is the interest rate you have agreed with the lending company?

At present, the national statutory loan benchmark interest rate is about 6%, so within four times the annual interest rate of 24% is protected by law, and you have repaid about 40%, so you should not have to repay the principal of 100,000 yuan now, the key is to see how you indicate the interest and other service fees in the previous agreement or contract with the company.

This depends on your loan contract (that is, the IOU), if the contract does not clearly state what the interest rate is, then you can't raise the interest rate, if it is clearly stated what the interest rate is, then you just need to exchange interest according to the interest rate specified above; The state shall not exceed four times the bank interest rate, which is beneficial to the borrower, he means: if the lender wants the interest rate more than four times the bank, then the excess part, you are a lawsuit, the lender is not protected by law, so it is good news for you borrower!

Even if you can't change the money, the person takes your house away, he sells your house, and the lender gets what he deserves, and the rest will still be paid back to you, you can rest assured!

For your first question, at least you need to get the consent of the guardian of the owner (his niece). In other words, the current seller does not have the power to dispose of the house, and the sales contract reached with you is invalid. You will need to sign a letter with him about how much money you will pay for the house and what the agreement will be, and this document must be signed by the owner's guardian.

Since the guardian has the power to dispose of the ward's property, the agreement is valid. Then, if his niece reaches the legal age and does not recognize the establishment of the transaction, sues the guardian for infringement and wants to recover the house, you can recover your legitimate rights and interests with the original agreement document.

For your second question, the court is not concerned with your money, but belongs to two cases. At the same time, you have to sue your friend (the seller) for breach of contract fraud, and ask the court to order you to move out and the seller to compensate you for your legal rights.

In fact, there is a bona fide purchase situation, if this is recognized by the court, then you should pay a certain amount of compensation when you move out.