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Luoyang lawyer: the mortgage and loan contract dispute

Author: Published:2015-04-29 Views:397

Today, Luoyang lawyers together with you for a mortgage loan contract dispute case, let everyone for collateral loan contract has a deeper understanding and attention.
Luoyang lawyer said: the case of a company in May 6, 2010 in a commercial bank loans 3000000 yuan, mortgage guarantee by company B to real estate, and for the registration of mortgage in the real estate management authority. After the overdue loans, ICBC collection times, a company is unable to repay. Industrial and commercial bank and a company signed a loan contract, the loan will be directly returned to the former 3600000 3000000 yuan loan principal and interest, the two sides agreed, still to B company of real estate as collateral, but the company B has not signed the loan contract on. After the loan repayment, the company is still unable to repay new loans. Industrial and commercial bank charges in 2011 August 9 to the court, requesting the court to order a company to pay 3600000 yuan loan principal and interest, and the B company of real estate as collateral on a priority.
The final court decision, ruling 1: a company paid ICBC 3600000 yuan interest; 2, dismissed the other claims of the plaintiff.
Luoyang lawyer: this case evaluation and analysis of several key problems in this case is 1, and the company signed a bank to borrow 3600000 yuan for the repayment of the validity of the contract; 3000000 of the mortgage loan contract guarantor company B continue to assume responsibility for security to the $3600000 loan contract. The focus of controversy about the case, there are 1 different points of view, ICBC, with a company to loan repayment of the loan contract is invalid, a company to repay the principal and interest according to the original loan contract 3000000, company B assume responsibility for security; 2, the company and the bank to loan repayment of the loan contract does not violate the law, administrative regulations, the validity of the contract, the company to repay 3600000 yuan according to the nature of loans, loan repayment is the extension of a loan contract before the deadline, the original creditor does not eliminate, so the mortgage is not destroyed, B company continues to assume security responsibility; 3, a company with the bank to loan repayment of the loan contract to be effective, the two sides signed a new loan contract, the loan contract has been terminated because of repaid loans, therefore, company B mortgage liability elimination. According to a company to repay the principal and interest of 3600000 yuan loan contract, company B no longer bear the guarantee liability. Visible, courts have adopted third views.
Luoyang lawyer of relevant laws and treaties: "commercial bank law" thirty-fifth commercial bank loans, should use borrowing, on the borrower's ability to repay, the mode of repayment of the strict examination.
Commercial bank loans, should be separate, grading examination and approval system.
"Loan general" thirty-fifth commercial bank loans, should use borrowing, the borrower's ability to repay, the mode of repayment of the strict examination.
Commercial bank loans, should be separate, grading examination and approval system.
"Guarantee law" article fifty-second of the mortgage and guarantee creditor's rights exist at the same time, debt elimination, mortgages also eliminated.
"Property law" article 172nd verwertungsrechte, shall enter into a guaranty contract in accordance with the provisions of this Law and other laws. Guarantee contract is the main debt contract from the contract. The principal debt contract is invalid, the security contract shall be invalid, except as otherwise stipulated by law.
A guaranty contract is confirmed invalid, the debtor, the guarantor or creditor is in fault, each party shall bear corresponding civil liability according to their fault.
In case by the information provided by the Luoyang lawyers for sharing, I hope everyone in the mortgage loan contract, to pay attention to, to avoid unnecessary problems.

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