I swiped a piece of news this morning, and I felt that people can really be shameless to the point that there is no bottom line! Zhang San (pseudonym) borrowed 610,000 yuan from his friend Li Si (pseudonym) in 2018, signed the "Loan Contract", agreed that the loan period was one year, and used one of his own real estate as collateral, and went through the mortgage registration procedures. After that, the creditor Li Si thought to himself that he had a mortgage on the property in his hands anyway, so he never urged the debtor Zhang San to borrow money, nor did he take other ways to claim his rights. Here's the highlight! Four years later, the debtor Zhang San not only did not return the loan, but also filed a lawsuit with the court, demanding that the creditor Li Si cancel the registration procedures for the mortgage of the house and return the house ownership certificate, while Li Si demanded that Zhang San return the loan. Yes, you read that right! It was the debtor Zhang San who asked the creditor Li Si to return the mortgaged property he had delivered when he had not repaid the loan! The part that subverts your perception is here!
After the trial, the court ruled in favor of Zhang San's litigation request, that is, the debtor Zhang San does not have to return the 600,000 loan, and the creditor Li Si returns Zhang San's mortgaged property! 
01 Reasons for the Court's Decision.
Let's take a look at the reasons for the court's decision:
The loan was borrowed in 2018, and the agreed loan period was one year, and the three-year statute of limitations was calculated from the date of expiration of the loan period, that is, from 2019, and it has expired in 2022. During the three-year litigation period, the creditor Li Si never urged the debtor Zhang San to return the money, nor did he exercise the mortgage right, and there was no reason for the interruption or suspension of the statute of limitations, and the three-year statute of limitations period had expired, the creditor Li Si lost the right to win the lawsuit, the debtor Zhang San exercised the right to defend against the statute of limitations, and the creditor Li Si lost the lawsuit. Seeing this, are my friends very angry and upset for the creditor Li Siming! I will help you when you are down, but you will take revenge! 610,000 is not 61 yuan, if you say you don't pay it back, you won't pay it back! We can morally condemn Zhang San's shameless behavior, but at the legal level, in the circumstances of this case, it is really impossible to judge his repayment. 02 What should Li Si do to avoid the money he lent out going down the drain So, in this case, what should the creditor Li Si do to avoid the situation where the lent money is in vain? The creditor Li Si should urge the debtor Zhang San to borrow money within the three-year statute of limitations. Li SimeiIf the loan is demanded once, the statute of limitations is interrupted, and the three-year litigation period is recalculated.
BenIn this case, the mortgaged property has been registered, and the creditor Li Si can also exercise the mortgage right within the three-year limitation period, and the proceeds of the discount, auction and sale of the mortgaged property agreement will be repaid in priority. For example, if Zhang San borrowed money on January 2, 2018, and the agreed loan period is one year, the three-year statute of limitations will be calculated from January 1, 2019. That is, the creditor Li Si should urge Zhang San to borrow or exercise the mortgage right from January 2, 2019 to January 1, 2022. If the creditor Li Si on August 1, 2020, whether by calling **, sending text messages or other reminders, or filing a lawsuit with the court, or applying for arbitration, the three-year statute of limitations will be recalculated from August 1, 2020 to August 1, 2023. Zixin made a mortgage from the bank, and a few days before the repayment date of each month, Zixin would receive a reminder message from the bank, which was to recalculate the three-year statute of limitations every month. The bank's right to demand my repayment will never exceed the three-year statute of limitations. 03 The inspiration we get from this caseWe should also get inspiration from this case, and if you borrow money from others in the future, you must urge the debtor to borrow money within the three-year statute of limitations. Or sign and register a mortgage security contract and exercise the mortgage within the three-year limitation period. After Zixin's analysis, friends understand! Because the creditor Li Si didn't understand the law, he met a shameless person again, so the 600,000 yuan he lent out was lost! What a pity! Together with Zixin, learn some legal knowledge every day and protect your legitimate rights and interests! The above is today's sharing, thank you for reading, welcome to like, collect and **!
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What's next? Are you the same as Le Ying in "Hot and Hot"?