Sequential mortgage loan, commonly known as "second mortgage", refers to the re-mortgage of the property that has been mortgaged and obtained the loan, and its market value is greater than the balance of the mortgaged debt. It can not only effectively revitalize existing assets, but also open the door to "secondary mortgages" of real estate. The house itself is real estate, not currency. Using relevant financial loan policies to revitalize assets is conducive to asset optimization.
Carrying out sequential mortgage loans is of great significance for revitalizing and releasing effective assets of enterprises, improving the financing capabilities of small and micro enterprises, enhancing trust relationships in private lending, reducing financing guarantee business risks, and coping with economic downward pressure. At present, under the conditions that guaranteed loans are obviously restricted, credit loans have not been liberalized, and there is no substantial breakthrough in expanding the scope of collateral, real estate second mortgage loans are undoubtedly a more realistic and effective measure to alleviate the financing difficulties of small and micro enterprises. Many companies report that bank loans are difficult, including insufficient collateral, low fixed asset mortgage discount rates, and difficulties in repurposing accounts receivable and intangible assets. Encouraging banks to carry out the pledge business of accounts receivable and payable and the pledge business of intangible assets in intellectual property rights such as trademark exclusive rights, patent rights, copyrights and other intellectual property rights will help effectively help enterprises improve their financing capabilities.
Legal basis:
"People's Republic of China and Civil Code"
Article 394: For the performance of guaranteed debts, the debtor or the third party shall If the three persons do not transfer the possession of the property and mortgage the property to the creditor, and the debtor fails to pay due debts or the circumstances agreed by the parties to realize the mortgage rights occur, the creditor shall have the right to receive priority payment for the property. The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.
Article 395 The following properties that the debtor or a third party has the right to dispose of can be mortgaged: (1) buildings and other land attachments; (2) construction land use rights; (3) The right to use sea areas; (4) Production equipment, raw materials, semi-finished products, and products; (5) Buildings, ships, and aircraft under construction; (6) Transportation tools; (7) Other properties that are not prohibited from being mortgaged by laws and administrative regulations. The mortgagor may mortgage the properties listed in the preceding paragraph together.
Article 400: To establish a mortgage right, the parties shall enter into a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) The type and amount of the guaranteed creditor's rights; (2) The time limit for the debtor to perform its debt; (3) The name, quantity, etc. of the mortgaged property; (4) The scope of the guarantee.
Article 419 The mortgagee shall exercise the mortgage right within the statute of limitations for the principal creditor's right; if the mortgagee fails to exercise it, the people's court will not provide protection.