民間借貸有風險，借款一(yī)定要謹慎。如果發生(shēng)大(dà)額借貸關系，礙于面子不借不行，但是借了風險太大(dà)又(yòu)承擔不起，怎麽辦?專家來給你支招，請看下(xià)文的詳細介紹!

　　【網友咨詢】

　　元宵剛過，浙江的劉先生(shēng)就收到戰友老張的救急之請。老張經營一(yī)家美發店(diàn)，生(shēng)意不錯，現在想擴大(dà)店(diàn)面，可惜手裏資金周轉不過來，受行業限制，老張很難從銀行難到貸款，于是，老張轉而向好友劉先生(shēng)求救。

　　感念曾經的戰友之誼，劉先生(shēng)覺得錢是要借的，但是金額有點大(dà)，30萬借給老張，劉先生(shēng)擔心有一(yī)定風險。劉先生(shēng)咨詢，老張名下(xià)有一(yī)棟價值50萬的房産，自己借款同時能否辦理房産抵押?

　　【專家釋惑】

　　辦理抵押手續降低借貸風險

　　民間借貸中(zhōng)，大(dà)額的借貸關系，處理不好就容易鬧出糾紛。而其中(zhōng)，最爲棘手的應該是無抵押的借貸情況，一(yī)旦借貸人失去(qù)償還能力，債權人就容易血本無歸，利息和本金一(yī)同打水漂。上述實例中(zhōng)，劉先生(shēng)的擔心就來自這裏。在此，融360金融搜索平台建議，劉先生(shēng)先與老張簽訂一(yī)份雙方借貸關系的借貸合同，然後再辦理房産抵押手續，這樣可以将風險降到最低。

　　抵押手續應該如何辦理?

　　值得注意的是，在一(yī)般的民間貸款行爲中(zhōng)，債權人很少意識到将抵押物(wù)寫入借貸合同，其次，即便有人意識到這個問題，但也隻有極少數人知(zhī)道接下(xià)來應該辦理抵押擔保等手續。房子屬于不動産，根據我(wǒ)(wǒ)國《物(wù)權法》的規定，使用建築物(wù)作抵押的，應當辦理抵押登記。完備的登記手續，才能真正發生(shēng)法律效力。所以正确的流程應該是：

　　一(yī)、首先，雙方簽訂借貸合同，然後到公證處公證，此份合同的法律效力;

　　二、其次，自抵押借貸合同簽訂的30日内，雙方持借貸合同和公證書到房管部門辦理抵押登記手續;這個時候，借貸人就需提供房屋産權證等材料，這個時候，可以過濾掉那些産權不清晰、房屋歸屬模棱兩可的房子，對債權人來說，是一(yī)個極大(dà)的保護。

　　三、辦理好房屋抵押登記手續以後，如果日後雙方出現還貸糾紛，債權人對于抵押的房産則有優先受償的權力。

　　提示：民間借貸有風險，借款一(yī)定要謹慎。如果發生(shēng)大(dà)額借貸關系，建議在合同之外(wài)，補做一(yī)份房屋抵押登記手續，這樣可以最大(dà)程度保障你的借貸本金不受侵害。

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.