大额借贷关系可办理抵押手续降低风险

Large loan relationship can handle mortgage procedures to reduce risk

　　民间借贷有风险，借款一定要谨慎。如果发生大额借贷关系，碍于面子不借不行，但是借了风险太大又承担不起，怎么办?专家来给你支招，请看下文的详细介绍!

　　【网友咨询】

　　元宵刚过，浙江的刘先生就收到战友老张的救急之请。老张经营一家美发店，生意不错，现在想扩大店面，可惜手里资金周转不过来，受行业限制，老张很难从银行难到贷款，于是，老张转而向好友刘先生求救。

　　感念曾经的战友之谊，刘先生觉得钱是要借的，但是金额有点大，30万借给老张，刘先生担心有一定风险。刘先生咨询，老张名下有一栋价值50万的房产，自己借款同时能否办理房产抵押?

　　【专家释惑】

　　办理抵押手续降低借贷风险

　　民间借贷中，大额的借贷关系，处理不好就容易闹出纠纷。而其中，最为棘手的应该是无抵押的借贷情况，一旦借贷人失去偿还能力，债权人就容易血本无归，利息和本金一同打水漂。上述实例中，刘先生的担心就来自这里。在此，融360金融搜索平台建议，刘先生先与老张签订一份双方借贷关系的借贷合同，然后再办理房产抵押手续，这样可以将风险降到最低。

　　抵押手续应该如何办理?

　　值得注意的是，在一般的民间贷款行为中，债权人很少意识到将抵押物写入借贷合同，其次，即便有人意识到这个问题，但也只有极少数人知道接下来应该办理抵押担保等手续。房子属于不动产，根据我国《物权法》的规定，使用建筑物作抵押的，应当办理抵押登记。完备的登记手续，才能真正发生法律效力。所以正确的流程应该是：

　　一、首先，双方签订借贷合同，然后到公证处公证，此份合同的法律效力;

　　二、其次，自抵押借贷合同签订的30日内，双方持借贷合同和公证书到房管部门办理抵押登记手续;这个时候，借贷人就需提供房屋产权证等材料，这个时候，可以过滤掉那些产权不清晰、房屋归属模棱两可的房子，对债权人来说，是一个极大的保护。

　　三、办理好房屋抵押登记手续以后，如果日后双方出现还贷纠纷，债权人对于抵押的房产则有优先受偿的权力。

　　提示：民间借贷有风险，借款一定要谨慎。如果发生大额借贷关系，建议在合同之外，补做一份房屋抵押登记手续，这样可以最大程度保障你的借贷本金不受侵害。

Private lending has risks, and it must be cautious. If there is a large loan relationship, it is not possible to borrow face, but the risk is too big to bear, what should we do? Experts come to you to support, please see the details below!

[online consultation]

Just after the Lantern Festival, Mr. Liu of Zhejiang received the help of Zhang, a war friend. Lao Zhang runs a hairdressing shop. His business is good. Now he wants to expand the store. Unfortunately, the capital in his hand can not be turned around. Due to the industry restrictions, it is difficult for Lao Zhang to get loans from the bank. So Lao Zhang turns to his friend Mr. Liu for help.

I feel like the friendship of war friends. Mr. Liu thinks the money is to be borrowed, but the amount is a little big. He lent 300000 to Laozhang. Mr. Liu is worried about some risks. Mr. Liu consulted that there is a real estate worth 500000 under Lao Zhang's name. Can he borrow money and handle the mortgage of the property?

[experts' explanation]

Handling mortgage procedures to reduce the risk of borrowing and lending

In the private lending, large loan relationship, if not handled well, it is easy to make disputes. Among them, the most difficult should be unsecured loan. Once the borrower loses the repayment capacity, the creditor will be easy to return, and the interest and principal will drift together. In the above example, Mr. Liu's worry comes from here. In this case, the financial search platform of rong360 suggested that Mr. Liu signed a loan contract with Lao Zhang on the loan relationship between the two parties, and then went through the mortgage procedures of real estate, so that the risk could be minimized.

How should mortgage procedures be handled?

It is worth noting that in the general civil loan behavior, creditors seldom realize that the mortgage is written into the loan contract. Secondly, even if someone realizes this problem, only a few people know that mortgage guarantee and other procedures should be handled next. If a house belongs to real estate, if a building is used as a mortgage according to the provisions of the property law of China, it shall be registered as a mortgage. Only by complete registration procedures can legal effect take place. So the right process should be:

1、 First, both parties sign a loan contract, and then notarize it at the notary office, which has the legal effect;

2、 Secondly, within 30 days after the signing of the mortgage loan contract, both parties shall go through the mortgage registration formalities with the loan contract and notarization; At this time, the borrower needs to provide materials such as house property rights certificate. At this time, it can filter out the houses with unclear property rights and ambiguous ownership, which is a great protection for creditors.

3、 After the registration of the mortgage of the house is completed, if there is a loan repayment dispute between the two parties in the future, the creditor has the priority to be paid for the mortgaged property.

Tip: private lending has risks, so it is necessary to be cautious about borrowing. If there is a large loan relationship, it is recommended to make a mortgage registration procedure outside the contract, which can protect your loan principal from infringement to the greatest extent.

Key words:

风险,借贷,抵押,办理,合同,刘先生,老张,手续,关系