Article first release challenge Money deposit bank, low interest, 1 million deposit bank, annual interest rate 198%, and the one-year interest is only 19800;Lend to others, the monthly interest is 1 cent, that is, 1 yuan and 1 cent a month, that is, 10,000 yuan and 1 month interest of 100 yuan, 10,000 yuan and 1,200 yuan for 1 year, 1 million yuan, and 120,000 yuan for 1 year. The income is much higher than that of the deposited bank, but the principal may not be recovered, what should I do?
If someone else came to you to borrow money with a mortgage on a property, would you borrow it?How should I do this?
In order to borrow money, you can mortgage your property to the bank, but can you mortgage your own property to others?Is it legal to mortgage to a bank, but is it also legal to mortgage to an individual?
1. Borrowing money is a civil act, as long as both parties are equal and voluntary, they can borrow money by mortgaging the property.
As long as both parties have signed a real estate mortgage contract based on the premise of equality and voluntariness, and are persons with full civil capacity, the mortgage is valid.
2. How to protect the borrowing behavior of real estate mortgage?What are the procedures for mortgaging a property?
First of all, both parties need to sign a mortgage loan agreement, and then go to the real estate bureau to go through the mortgage procedures, that is, to register other rights (indicate the mortgage-related matters). After the registration of rights, the lender collects and deposits other warrants, holds the property ownership certificate himself, or can hand over the property ownership certificate to the lender for safekeeping, and the other party does not need to hold the original property ownership certificate, but can hold other warrants.
3. What conditions does a mortgagor need to have?If the loan has not been repaid, can the property that has not been released from the mortgage be mortgaged and borrowed again?
The mortgagor must have full capacity for civil conduct, and a person without civil capacity and limited capacity for civil conduct shall not set up a mortgage for the house. Whether the property that has not been repaid and has not been released from the mortgage can be mortgaged and borrowed again depends on the agreement between the two parties.
4. What is the legal effect of real estate mortgage?
Answer: Real estate mortgage means that the property owner uses the deed as collateral to obtain a loan and pay interest on time. The property rights of the house are still managed by the property owner, and the creditor only pays the interest on time, but does not have the right to use and manage the house, and when the loan is repaid, the property owner will recover the mortgage of the deed. If the debtor fails to perform its debts, the creditor has the right to dispose of the mortgaged house in accordance with the law and receive priority in the payment of the proceeds from the disposal of the mortgaged house.
5. There are certain risks associated with lending money to others and accepting real estate mortgages, mainly including the following aspects:
1.Borrower credit risk: Despite having a mortgage on the property, if the borrower's credit profile is poor, there may be late repayments or inability to repay the loan, resulting in financial difficulties**.
2.Risk of fluctuations in the value of collateral: The value of the property may change due to market fluctuations, economic conditions and other factors. If the value of the collateral falls, it may not fully cover the amount borrowed, resulting in a loss to you.
3.Legal dispute risk: If a dispute arises between the borrower and you, it may need to be resolved through legal means, which will consume time and effort and may result in additional costs.
4.Execution risk: Even if you have a mortgage on the collateral in the loan contract, you may encounter various difficulties in the actual execution process, such as the borrower's deliberate delay, the existence of other mortgages on the collateral, and the long-term rental of the house and the collection of rent, etc., resulting in your inability to recover the loan in time.
5.Lending money to others can involve a crime.
It may also be a crime to lend money to someone else in certain circumstances, such as:
1.Illegal loan agreement: The loan agreement must specify key information such as the loan amount, interest rate, and repayment period, and at the same time, it is necessary to avoid illegal content such as "usury". If the interest charged exceeds 36% of the annualized rate of return, the monthly interest exceeds 3 cents, the personal loan exceeds 2 million, and the unit loan exceeds 10 million, then it is suspected of constituting the crime of illegal business operation and needs to bear criminal responsibility.
2.Non-compliant use of the loan: The borrower must use the loan in accordance with the agreed purpose and cannot use the loan for illegal activities or high-risk investments. If you lend money to the other party knowing that the other party is borrowing money for illegal activities (such as drug trafficking), then it may constitute a joint crime and you need to bear the corresponding criminal liability.
3.Illegal operation of credit may constitute the crime of illegal business operation. In 2019, the "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending" jointly issued by the four ministries and commissions stipulates that if a person violates national regulations, without the approval of the regulatory authorities, or exceeds the scope of business, and regularly grants loans to unspecified targets in society for the purpose of profit, disrupting the order of the financial market, and the circumstances are serious, he shall be convicted and punished as the crime of illegal business operation in accordance with the provisions of Article 225 (4) of the Criminal Law.
It should be noted that only if the circumstances of illegal business operation are serious can the crime of illegal business operation be constituted, and the statutory penalty is fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of illegal gains.
4.Specific criteria for determining a crime. The "Opinions" stipulate that "regular issuance of loans to unspecified targets in society" refers to lending funds to unspecified persons (including units and individuals) more than 10 times in the form of loans or other names within two years. If the repayment period is extended after the loan expires, the number of loans granted shall be calculated as one time. In addition, a person who only lends funds to specific targets such as relatives, friends, and internal personnel of the unit is not a professional money lender, and does not constitute the crime of illegal business operation.
It should be noted that, in addition to the number of loans, the determination of the crime of illegal credit operation should also meet the two conditions of "for profit" and "disrupting the order of the financial market, and the circumstances are serious" before it can be found to be the crime of illegal business operation.
In short, when purchasing a mortgage personal loan, it is necessary to be familiar with the relevant legal provisions and specific operational experience, and it is necessary to carefully assess the risks and take corresponding preventive measures.