Can the same property provide security for more than two claims?

1. The same property can provide mortgage guarantee for more than two creditor's rights.

2. The property is used as collateral for the creditor's right, which is the mortgage. Making a mortgage is a civil legal act. Civil juristic acts are permissible as long as they are not prohibited by law.

Laws such as the Security Law and the Property Law do not prohibit the same property from providing mortgage for more than two claims, so the same property can provide mortgage security for more than two claims.

3. Article 199 of the Property Law stipulates: "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) 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) where the mortgage has been registered, it has preceded the unregistered payment;

3) If the mortgage is not registered, it shall be repaid in accordance with the proportion of the creditor's rights. ”

This provision also proves that the same property can provide mortgage security for more than two claims.

0202020202020202 order to make full use of the value of the collateral, the law allows that after the property is mortgaged, the value of the property is greater than the balance of the secured creditor's rights, and the mortgage can be re-mortgaged, for example, if the collateral is worth 1 million yuan, the first mortgage to the bank is 400,000 yuan, and the collateral has a balance of 600,000 yuan in value, and the collateral can also be mortgaged to the bank again to take out a loan within the limit of 600,000 yuan. However, it is not possible to make a duplicate mortgage within the same value of the collateral, for example, if the value of the collateral is $1 million, and the collateral has been mortgaged with $1 million, and the collateral has no balance available for collateral, but the mortgagor uses it as collateral security. Of course, when a creditor who is a subordinate accepts the property as collateral, it will consider whether the residual value of the property can guarantee the realization of its claim.

In the above example, if the collateral still has a residual value of 600,000 yuan, the bank also needs to consider the fluctuations of the property market**, and will not lend in full according to the value of 600,000 yuan.

If the same property mortgages two creditor's rights, it shall be repaid in accordance with the following provisions: 1. If the mortgage of Laqiao 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 has been registered before the unregistered payment; 3. If the mortgage is not registered, it shall be repaid in accordance with the proportion of the creditor's rights issued by the bureau.

[Legal basis].

Article 414 of the Civil Code: 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) 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 accordance with the proportion of the creditor's rights. For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

Where two or more creditor's rights are secured by a mortgage of the same property, they shall be repaid in the order in which they are registered, and those in the same order shall be repaid in proportion to the creditor's rights, those that have been registered shall be repaid before those who have not been registered, and those whose mortgages have not been registered shall be repaid in accordance with the proportion of the creditor's rights.

According to Article 414 of the Civil Code of the People's Republic of China, which came into effect in 2021, 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 accordance with the proportion of the creditor's rights. For other security interests that may be registered at a loss, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

1. What are the manifestations of the value function of the mortgage?

The value function of the mortgage is mainly as follows:

1. Compared with the ordinary creditors of the debtor, the mortgagee has the right to be repaid for the sale price of the mortgaged property in priority over the ordinary creditors;

2. Compared with other mortgagees of the debtor, if the registration of the mortgage takes effect, it shall be repaid in the order of the mortgage registration, and if the same order is in the same order, it shall be repaid in accordance with the proportion of the creditor's rights.

Mortgage refers to the right of the creditor to be repaid in priority for the property provided by the debtor or a third party as security for the performance of the debt without transferring possession when the debtor fails to perform the debt or the mortgage is realized as agreed by the parties.

2. What is the order of repayment of several mortgages as interpreted by 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 accordance with the proportion of the creditor's rights. For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

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 regulations:

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 accordance with the proportion of the creditor's rights. For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

Legal analysis: If the same property is mortgaged to two or more creditors separately, the money obtained from the auction and sale of the mortgaged and leased silver property shall be repaid in accordance with the following provisions: if the mortgage has been registered, it shall be repaid according to the order of registration; If the order is the same, it will be repaid in proportion to the creditor's rights; a registered mortgage that precedes an unregistered payment; If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights.

Legal basis: 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) the mortgage has been registered in the case of a payment that has not been registered;

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

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

Legal analysis: If the same property is mortgaged to two or more creditors separately, the proceeds obtained from the auction and sale of the mortgaged property shall be repaid in accordance with the following provisions: if the mortgage has been registered, it shall be repaid according to the order of registration; If the order is the same, the emptiness shall be repaid according to the proportional ratio of the creditor's rights; a registered mortgage that precedes an unregistered payment; If the mortgage is not registered, it shall be repaid in proportion to the creditor's rights.

Legal basis: Civil Code of the People's Republic of China Article 401 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 accordance with the proportion of the creditor's rights.

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

Legal analysis: If the same property is pledged 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 the order in which it is registered; if the order is the same, it shall be repaid in accordance with the proportion of creditor's rights; 2. 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.

Legal basis: Article 413 of the Civil Code of the People's Republic of China After the mortgaged property is discounted, auctioned or sold, the part of the price exceeding the amount of the creditor's right shall be owned by the mortgagor, and the debtor shall pay off the shortfall.

According to the provisions, 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 the order of registration; If the order is the same, it shall be repaid in accordance with the proportion of creditor's rights, including imitation burning;

2. 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.

1. What are the latest provisions of the Civil Code on the payment of debts in kind?

The latest provisions on repayment of debts in kind are as follows: if the mortgagee agrees with the mortgagor before the expiration of the debt performance period that the mortgaged property belongs to the creditor when the debtor fails to perform the due debt, it can only be repaid in priority for the mortgaged property in accordance with the law. If the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the discount of the mortgaged property or the auction or sale of the mortgaged property.

If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement. If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property. If the mortgaged property is discounted or sold, it shall refer to the market**.

Extended Content] The validity of an agreement to settle debts in rem shall be based on the basic principle of respecting the autonomy of the parties in determining the validity and performance of an agreement in rem. Generally speaking, unless expressly agreed by the parties, an agreement in rem signed by the parties after the expiration of the period for repayment of debts does not require the creditor to actually receive the debts or to obtain property rights such as ownership and usufruct of the debts. As long as the intention of both parties is true and the content of the contract does not violate the mandatory provisions of laws and administrative regulations, the contract is valid.

An agreement in rem reached by the parties after the expiration of the debt repayment period may constitute a modification of the debt, i.e., the creation of a new debt and the extinction of the old debt at the same time; It may also be a new debt settlement, i.e. a new debt is created, which coexists with the old debt. The settlement agreement will not take effect until the performance of the settlement agreement has been completed.

Civil Code of the People's Republic of China

Article 413:After the mortgaged property is discounted, auctioned, or sold, the part of the price exceeding the amount of the creditor's right shall belong to the mortgagor, and the debtor shall pay off the shortfall of the property.

Legal analysis: 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 them, 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.

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

Article 390 If 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.

If the mortgagor fails to mortgage the property in accordance with the old provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together.

Article 398: The right to use land for construction purposes of township or 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.