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Function is that when monetary claims mortgage debt enforcement

1, and mortgage right by guarantees of claims has which (a) money claims mortgage right of function is Dang debt implementation carved day expires claims not by has debt or produced Party agreed of achieved mortgage right of scene Shi, to mortgage real discount or variable price of price priority has debt claims, is to mortgage guarantees of claims more for money claims, and to financial fake loan in the of money claims for typical, but is not to this limited. Because of mortgage subsidiary, borrowed money claim is not valid, the mortgages it does not exist. For example, gambling debts, though their situation is similar to monetary claims, but because its back against public order and good customs and the avoiding provisions of the Act, cannot produce a legitimate debtor-creditor relationship between the parties, claims does not exist, is mortgage-free. Thanks in full teachers teachers pointed out that "bet Department back anti-Act avoid sex provides or public sequence good custom of action, according to 71st article and the 72nd article (Taiwan people near method, author note) of provides should is invalid, so not health debt of relationship, bet debt non-debt, winner not enjoys claims, losers also not negative debt, is bet both not health debt of relationship, since no claims exists, according to mortgage right of subsidiary sex, shall not for was guarantees of claims, mortgage right no exists of room. "
(b) can be converted into money to the creditor claims mortgage creditor's claim for the money, but is not limited to this. Non-money claims, for example has wealth Shang value of items for payment subject matter of things claims, and to supply labor, not has wealth value of payment for subject matter of claims, in its cannot than achieved Shi, also often produced wealth Shang of against, to by non-money claims into for money claims (against compensation or back Jokin de irala), to ensure the species claims of achieved, natural can set guarantees real right. "Non-monetary claims at the time of its implementation, can be converted to money dispute against compensation claims, so as long as the mortgage when the creditor can take money as a standard care, can provide mortgage guarantees. "
(c) mortgage claims of future claims in the future if we can guarantee, provided the foreign legislation. Germany 1113th of the Civil Code provides: "(1) site to this compilation set to assume, due to setting and enjoy the benefits enjoyed by which sites pay a specific amount of debt to its creditor's rights and powers (mortgage). (2) the mortgage can be set for future claims or premise. "Japan 129th of the Civil Code provides:" party to Commission the Government is behaving during the obligations of power, can be punished of General, play, save, or guarantees. "I law law public act is not clear, but residents like fatong said that mortgages can be that set of claims in the future. "Mortgage set up not to the creditor's right secured in the set on time is needed, with possibility of future claims as is sufficient, but in the exercise of the right of mortgage, secured claims and the amount.
2www.xmhairong.com mortgage "> mortgage loans, mortgage credit risk network in Hegang in Northeast China, September 19 what is today, using real estate as collateral for loans is booming, new year's Eve Street one cold lane eyes can see" mortgage "> mortgage" broker advertising. This class fake loan on on both sides Enron did? reporter interview has some grass-roots Court, Court of judge said, as a new riot real, property brokers as intermediary of loan on promote premises economic growth up to has is good of probation, but this in the some topics also not ignored, than to this class fake loan situation raised of rubber GE more and more, lending party a not caution, on will out had off, made drain no return. Four most easily presented topics.
folk leave credits the parties on both sides of housing Fang Ben as collateral when the loan, real estate mortgage contract not only verbally agreed. On topics like this show up, in accordance with the provisions of the guarantee law, the mortgagor and the mortgagee must sign a mortgage contract in writing, if not checked, then, once the Act disputes, claims there is a decree of proof of the parties hard, even court action, sometimes find it difficult to shelter their own legitimate rights and interests.
II is the third person to own all the housing loans as collateral for the debtor, without a contract. When such disputes, third party itself House is frozen, ... So, the whole family pointed out that in such circumstances, not only to sign a mortgage contract in writing, and must sign a written counter guarantee contract, so, to urge the timely repayment of the debtor to protect their homes.
three folk leave credits when parties in the management of real estate mortgage-backed, housing was not part of the management contract of mortgage registration formalities, but simply to refer its own housing property to creditors pledged. Under the Security Act, should have packed real estate mortgage mortgage register, not management mortgage register, likely to lead to mortgage is invalid. And because not, had him registered, housing some folk ego build fake certificate fake credit deliver a creditor as a security case.
four is a big part of the folk holiday in its own housing mortgage loan per capita is (many are only housing) supply guarantees. This may cause claims . Into force from January 1, 2005, the Supreme People's Court on the people's courts in fulfilling a national seal up, distrain, freeze provisions of article sixth of wealth: "to be fulfilled human life and his dependent family members must live in the House, people near the Court is empowered, but not auctioned, sold or bonded. "So once rendering environment that does not pay, and if he found other evidence of second homes, creditors could still cannot perform to the mortgage of the property.
is the property and act community prompted residents fake mortgage loan between parties on both sides, must beware of mortgage claim risks fully into account. At the time of this type of loan, the first fully examine the borrower's promise, and secondly, to verify borrower housing situation, where second homes the best management of supply notarized. Third, the decree signed all the files, and to the housing part of the mortgage contract management response by registered mail.

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