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Whether mortgage can be handled after the loan contract expires

admin2022-06-19 10:44:4165

According to Article 406 of the civil code of the people's Republic of China: 1. If the extension of the loan is approved by the guarantor, the mortgage contract shall be deemed to have been modified and the mortgage shall be valid; Without the consent of the guarantor, the extension of the loan shall be invalid to the guarantor. The guarantor shall only undertake the guarantee liability of the original loan, and shall require the guarantor to undertake the liability within the term of the original mortgage guarantee contract. If the term of the original mortgage guarantee contract is exceeded, the mortgage right shall be extinguished. 2. Unless otherwise provided by law or the contract, the contract between the parties concerning the establishment, alteration, transfer and elimination of the real right of the real estate shall take effect upon the establishment of the contract; Failure to register the real right shall not affect the validity of the contract. Only when the contract is combined with the registration can the mortgage be established, that is to say, the mortgage can take effect only after the mortgage registration is handled.

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