The Hypothecation Plus Phased Guarantee In Housing Hypothecation Loan

In commercial house loan business of the bank, the real estate developer and the individual as the main part, guarantee ways mainly include pledge, hypothecation, guarantee, hypothecation plus phased guarantee, etc. Hypothecation plus phased guarantee is a way of Warranty, which in a commercial house loan the real estate developer as a phased guarantor provides joint and several liability guarantee during the bank has issued a loan to the borrower get the all property right document-. deal with the hypothecation registration and give the other rights certificate to the bank, before the vendee get the all certificates of house property. This warranty is different from hypothecation and mortgage. It has its own superiority. But some judges regard it as invalid, according to the Paragraph1of article32in Judicial Interpretation to Warranty Law, and the real estate developer shall bear joint and several responsibility to ensure that the debt to perform until the date of expiration of the period of six months. This paper argues that the warranty is a guarantee contract with condition of termination. The guarantee period is just the contract’s duration. So it is valid. When a commercial house loan meanwhile has the right of guarantee and security interest, the bank could ask the guarantor for bearing joint and several responsibility. When the principal contract is invalid, the accessory contract is also invalid...