Why mortgages are called the king of guarantees

I don't know where to see this statement.

Mortgage is indeed a form of security that banks are generally willing to accept.

There are five main types of guarantees: guarantee, mortgage, pledge, deposit, and lien. Among them, banks commonly use guarantees, mortgages and pledges.

Let's talk about the guarantee first, the earliest bank commonly used is actually the guarantee, the procedure is simple, the cost is low. However, at present, the risk of guarantee is getting bigger and bigger, and the guarantor himself is in debt, not to mention paying back the money for others, so unless it is a large company, the general guarantee guarantee bank is not willing to accept, and now the most guarantee guarantee is issued by a professional guarantee company, they have a cooperation agreement with the bank, and the bank understands their asset status better, and is monitoring at any time, and will collect some margin or something.

Speaking of pledges, in fact, for banks, they are more willing to accept deposit certificate pledges, foreign exchange pledges, etc., the risk is lower, but there are fewer pledges, most of them are some movable assets, these assets as pledges The bank has to find a way to keep them, but also worry about depreciation, damage, loss, etc., and there will be some storage costs or something, there are many troubles, and the value of movable assets is generally not large, and there are not many movable assets that can be used as collateral for large loans.

The most common collateral is land and real estate, which are generally of high value and do not have to worry about depreciation, as house prices have not depreciated over the years. In addition, the mortgage generally has a special ** agency for mortgage registration, for the bank, the mortgage registration of the ** department is a more perfect credit information. In addition, the collateral does not need to be kept by the bank, and the bank only needs to keep the mortgage registration procedures, and the storage cost is low.

Therefore, for some large-scale loan projects, it is difficult to find other suitable guarantee methods in addition to mortgage, and mortgage will become king.

Lawyer's answer: Because the mortgage is the most secure relative to the creditor (or mortgagee), the risk is the easiest to cash in, and the easiest to realize one's rights. That's why it's called the king of guarantees.

Because in all the means of security.

The mortgage is the most secure, and no matter what external problems arise, the collateral can always ensure the realization of the claim.

You can often pay attention to the ** of professors at China University of Political Science and Law.

Haha, what a coincidence, Mr. Gao

Legal analysis: the simultaneous existence of the mortgage right and its secured claim means that the two rights must exist at the same time and cannot exist separately, because the secured claim is the main contract, the debt is the main contract, the mortgage right is subordinate to the contract, and the establishment of the subordinate contract must be attached to the main contract. All mortgages and their secured claims exist at the same time and cannot be divided, and they are invalid if they are separated.

Legal basis: Civil Code of the People's Republic of China

Article 407 The mortgage right shall not be transferred separately from the creditor's right or used as security for other creditor's rights.

Article 408 Where the mortgagor's conduct is sufficient to reduce the value of the collateral, the mortgagee has the right to require the mortgagor to stop its conduct. When the value of the collateral decreases, the mortgagee has the right to require the mortgagee to restore the value of the collateral or provide security equivalent to the reduced value. If the mortgagor is not at fault for the reduction of the value of the collateral, the mortgagee can only claim security within the scope of the compensation received by the mortgagor for the damage.

The part of the value of the collateral that has not been reduced shall still be used as security for the creditor's right. If the creditor's right is extinguished, the mortgage right is also extinguished.

A mortgage cannot be used as security. Mortgage guarantee means that the debtor or a third party uses the property as security for the creditor's right without transferring the possession of a specific thing, and the mortgage guarantee bears the guarantee liability to the extent of the mortgaged property, so the mortgage guarantee is not joint and several liability. When the debtor fails to perform its obligations, the creditor has the right to be repaid in priority at the discount of the property or the price of the auction or sale of the property in accordance with the provisions of the Security Law.

[Legal basis].Article 686 of the Civil Code.

The forms of guarantee include general warranty and joint and several liability guarantee. If the parties do not agree on the guarantee method in the guarantee contract or the agreement is not clear, they shall bear the guarantee liability in accordance with the general guarantee.

Six hundred and eighty hidden potatoes eight strips.

Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee. If the debtor of the joint and several liability guarantee fails to perform the debts due or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts, and may also request the guarantor to bear the guarantee liability within the scope of the guarantee.

The mortgage cannot be used as security, and the parties can only provide security with the property that can be mortgaged according to the law, and when the debtor fails to repay the debt on time, the creditor can give priority to the mortgaged property to be repaid and demolished.

Legal basis] Article 309 of the Civil Code clearly states that the jujube is cracked in 14 articles.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor 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 provided for by the guarantee is the mortgaged property.

1. The secured high envy claim is not specified, that is, the amount of the secured claim cannot be specifically determined. Generally, it is a guarantee for claims that will continue to occur in the future, but it can also be a guarantee for claims that have already occurred.

2. The maximum mortgage is not premised on the existence of the main creditor's right. The maximum mortgage is not extinguished when the amount of the secured principal claim is zero, and such a mortgage is not subordinate to the claim in the same way as a general mortgage.

3. The period agreed by the parties in the maximum mortgage contract is the period determined by the main claim (or the period during which the main claim occurs), not the performance period of the main claim.

After the creation of the maximum mortgage, the mortgagee does not have to create security for every claim that occurs within the agreed period.

Therefore, after the parties have created the maximum mortgage and it has been registered by the registration authority, the mortgage right is established in accordance with the law, and there is no need to hand over the subsequent creditor's rights contract to the registration authority except for the transfer of a claim that already exists to the scope of the claim secured by the maximum mortgage.

1. The difference between the maximum mortgage and the general mortgage.

The maximum mortgage is a special mortgage right, which refers to the agreement between the mortgagor and the mortgagee to use the collateral to guarantee the continuous claims within a certain period of time within the maximum limit of the creditor's right

1. The maximum mortgage is a guarantee for the creditor's right that will occur continuously within a certain period of time, that is, when the maximum mortgage is set, the creditor's right has not yet occurred, and in order to ensure the realization of the future creditor's right, the mortgagee and the mortgagor agree on the maximum amount of the secured creditor's right, and the mortgagor shall guarantee the creditor's right within this amount with its mortgaged property. Example: Mr. Zhang used a real estate as collateral and signed a maximum mortgage contract with the creditor Mr. Li to guarantee the maximum amount of 1 million yuan of claims that may occur in the future.

On the other hand, a claim secured by a general mortgage is a specific claim that has already occurred, and the claim is an independent and not a continuous claim.

2. The maximum mortgage guarantees the creditor's rights that will occur continuously within a certain period of time, and although the scope of the mortgage guarantee can be determined, the specific amount of the guarantee cannot be clarified, and there is only a "maximum amount of creditor's rights".

2. Conditions for the realization of the mortgage right.

According to the laws of China, the following four conditions must be met for the realization of the mortgage right:

1. The mortgage must be validly existent. If the mortgage creation is invalid or has been revoked, it cannot be realized.

2. It must be the expiration of the debtor's performance period. Whether the time limit for the debtor to perform the debt has expired is the time criterion for determining whether the debtor has performed the debt.

3. The creditor has not been repaid. If the creditor has not been repaid upon the expiration of the debt performance period, it indicates that the debtor has not fulfilled its obligations on time, and the creditor can exercise the mortgage right to pay off the creditor's rights, regardless of whether the debt is delayed or refused.

4. The unpaid debt is not caused by the creditor. The mortgagee may only exercise the mortgage if the creditor is not discharged due to the debtor's failure to pay the debt. If the creditor's failure to be discharged is due to its own reasons, the mortgagee cannot exercise the mortgage.

If there is no relevant agreement between the parties, the mortgage cannot be transferred separately, and it can only be transferred together when the creditor's right is assigned, and it cannot be used as a guarantee for other creditor's rights, because the mortgage has a subordinate nature, and it cannot be separated from the creditor's right.

Legal basis] Article 407 of the Civil Code.

The mortgage may not be transferred separately from the claim or used as security for other claims. Where the creditor's right is assigned, the mortgage right securing the creditor's right shall be transferred together, except as otherwise provided by law or otherwise agreed by the parties.

Article 406.

During the mortgage period, the mortgagor can transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.

If the mortgagor transfers the mortgaged property, it shall notify the mortgagee in a timely manner. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debt in advance or deposit the proceeds of the transfer to the mortgagee. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.