All About Loan Refinanc You Should Know(4)
Given this real situation. When a mortgage dispute is brought before the courts, the bank must respond calmly to the defendant or a third party to bear the burden of proof of "malicious collusion" and, at the time of the mortgage, the guaranteed debtor's balance sheet will "mortgage all or part of the assets to the bank, resulting in the loss of the ability to perform other obligations , infringing rights and rights and other creditors" to be actively defended. It is more to the right holder which is the right of the no.
3, mortgage in post-risk. Once there was a company with A, B two banks have a credit, are mortgaged with the same property, A bank in the processing of loan refinancing, because of the original loan mortgage and asked the registry authority to withdraw the registration, the registration authority after the revocation said Bank A, because the ownership of the company was mortgaged to Bank B. Mortgages cannot be repeated without registration. Although the registration authority does not register the practice is illegal, but the practice of Bank A is not desirable, first of all, a bank in the absence of a guarantee in the business to request the cancellation of the mortgage, so that the loan becomes a loan of credit. At Bank efinancing, the first mortgage right was changed to mortgage law in the aftermath, so that the priority of the bank's receivables is paid, once the business does not have the first source of repayment, a bank can wait in order only when the first holder of the mortgage can be liquidated. Therefore, the loan refinancing must verify the mortgage situation, in the absence of further implementation of the new loan guarantee, must not give up the old loan guarantee.
4, priority risk. The priority risk is that our country's law grants certain rights to take precedence over mortgage law and to deal with mortgage risk. The Tax Collection Administration Act establishes the principle of preferential tax duties, i.e. "the tax owed by the taxpayer occurs before the taxpayer fixes the taxpayer's mortgage, commitment or property with his property, the tax will be preceded by the execution of the mortgage, the right, the privilege and the lien," and also prioritized the price of the project. The principle, that is, "the price of the construction project is subject to preferential compensation for the price of the project at a discount or auction", if the refinancing of the loan is mortgaged by the construction project, it must be verified if the construction project is late with the price of the construction project and the ancillary costs associated with the construction project, and if there is a default, the mortgage rate will be calculated.
