One: the problem of borrowing money. Your situation belongs to private lending. If your friend's house belongs to the joint property of husband and wife, and the consent of both husband and wife is required according to the law, then it is risky to sign a loan slip with his wife for insurance reasons. At the same time, you can go to the notary office to notarize the contract.
Two: On the issue of mortgage guarantee, the law stipulates that mortgage must be registered, otherwise your mortgage guarantee is invalid.
Why not go to the bank to get a mortgage? Property mortgage must be registered with the real estate bureau, otherwise the mortgage may be invalid. Please be careful! Such a large loan between friends must be completed. If the real estate license is his wife's name, the loan agreement must be signed by his wife before it can be recognized, because legally, the * * * property of both husband and wife is defined, and only the * * * property of both husband and wife can be recognized after marriage, but the pre-marital property is not * * * property. There is no need to find out whether it is pre-marital property or post-marital property, just have her wife's signature. Since there is no need to be friends, the agreement between the two parties in civil law can have legal effect without notarization. As long as both parties sign the agreement, it can have legal effect. His wife's real estate license mortgage guarantee is inefficient and cannot be notarized. The most effective thing is his own property. I don't think you should lend it to him He doesn't have any valuable collateral himself. It will be difficult to collect debts then. Even if he wins the lawsuit, you can't help it if he has no money. The court can only suspend the execution, and the money cannot be used by others. You have to understand that if he really doesn't come, can you confiscate his house for auction? On the issue of mortgage guarantee, the law stipulates that mortgage must be registered, otherwise your mortgage guarantee will be invalid. On the issue of mortgage guarantee, the law stipulates that mortgage must be registered, otherwise your mortgage guarantee will be invalid. Okay, I don't think that's a good idea, okay? It is best to be fair through public office. Don't trust anyone. When you borrowed money, you spoke very well. When you pay back, you will become Huang Shiren. I want you to think it over. I think it's good not to borrow. It is easier to borrow money than to pay it back! ) lend money to my best friend, but I haven't asked for it yet. If I don't pay you back, I won't say I haven't seen you. I hope you also think about it! There must be legal and formal procedures and notarization. You should go to the notary office for notarization. The law generally does not recognize the loan relationship between private individuals, let alone your name. You must go to the real estate bureau for mortgage registration. Any responsibility is risky. Although you can help your friends, you'd better not borrow money. There is no reason. Be careful.
Just sign it with his husband and wife
In addition, if you find a law firm to do this job and the house is bought in his wife's name, the real estate license should be his wife's name. If he uses the real estate license as collateral, his wife should write an iou and then ask your friend to write a consent form (agreeing to use the real estate license as collateral). You must have it notarized. You'd better ask the legal adviser, who will give you the best answer. Wish you all the best! It's better to make it clear that the loan should be made in the name of two people. Netizen, let me remind you. I am in the process of mortgage, but I have obtained the real estate license. The bank stamped a seal on the fourth page of my property right certificate: this certificate cannot be used as mortgage and guarantee.
In fact, you don't need to be swayed by considerations of gain and loss. Your friends should understand why you don't borrow money. Why don't you just borrow part of it for a reason, and then give him an idea to borrow it from other places? You must go through legal procedures, otherwise it is invalid. You can let your friend's wife be a guarantor and mortgage the real estate license.
Netizen; It is good for you to help your friends, and your heart is kind. But to prevent people, although it is made of real estate.
Mortgage, in fact, this is a scam!
4。 Does he have a guarantor? Or a guarantee unit?
You'd better persuade him to go to the bank to find a good excuse. . Let me tell you a story. 1at the end of 996, a good friend of mine, who is also in business, borrowed 20,000 yuan from me and said that he would pay it back in one month, but he didn't pay it back for six years. My experience is that the more good friends you have in business, the more unreliable you are. Let's keep quiet. Business people are unreliable. This is my own lesson. If you learn from it,
I think: 1. Must be notarized.
2. All signatures
3. Indicate the repayment time and method
Borrow at 70% of the market price of the property, not all.
1 can be added publicly, and it is best for both husband and wife to sign it. Of course, the signature of the husband or wife is also their debt in principle, but there are risks. If the borrower illegally uses the loan, such as gambling, it will be bad for you.
2. Notarization is voluntary.
3. Only retaining the real estate license does not have the legal effect of guarantee, that is, it cannot achieve the purpose of giving priority to repaying your debt with the house. Property mortgage registration must be handled. Of course be careful. You can't be careful, because it's not a small sum! ! ! Private mortgage has no legal effect. No, you have to borrow money through legal procedures and sign it unilaterally, but the mortgage must be signed by both parties, not just notarized, because notarization can't confirm whether the property has been mortgaged to others, and you must go to the Land and Resources Bureau for mortgage registration.
In addition, even if the real estate license states that your friend is the sole owner, the mortgage is only valid if both husband and wife sign it together. Remember! //& lt； Fontcolor=#0556A3 Reference:
If you are an ordinary friend, you can refuse. It is easy for people to do three things:
1. The loan agreement must be signed by his wife;
2. Be fair;
3. Register with the local real estate administration. Don't borrow it, there are too many liars now. If your friend has extra real estate, you can consider lending him money after going through all the formalities of justice, registration and filing. If he has no extra property, when he has no money to repay it in the future, you can only get a winning judgment when the court executes it, but you can't get the money, because the court in our country can't sweep your friend and his wife out of the house and rush to the street to live because of social stability and other factors. Therefore, my opinion is to handle it carefully, and it is best to let him go to the bank to apply for a mortgage loan. The law defines the property of husband and wife. Only the * * * property of husband and wife after marriage can be recognized, while the property before marriage is not * * * property. You don't need to know whether it is pre-marital property or post-marital property, so you can borrow it without his wife's signature. Too much trouble. Of course, unless it is handled in accordance with legal channels, it cannot be handled alone, so don't be afraid that he will not return. But since we are friends, if we are special confidants, I don't think it is necessary to do so. Are you afraid he won't return it? And watch your friend's business. Don't be afraid if you are sure that he will make a steady profit this time. The best mortgage guarantee method of the real estate bureau is to go to the property certificate issuing authority of the real estate bureau to handle other property rights procedures. If your friend doesn't pay back the money by the return date, you can use other property rights procedures to let your borrower move out. If you don't move, you can let him move through court proceedings. If you don't go through the relevant formalities through the property office, even if you go through notarization or court prosecution, it will be slightly more difficult. Property mortgage must be registered, and his wife is the owner. It is best to let them go when registering, and this matter must be known to his wife. Otherwise there will be some trouble in the future. The safest way is not to lend it to him. After borrowing it, I will definitely not return it, and my friends will be gone.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.