If the house is gone, you have to pay the debt?A man in Chengdu forged his ex -wife signed and private mortgage real estate was prosecuted

Cover Journalist Song Xiao intern Zhang Zongyao

If the owner's words are not signed, the house is mortgaged to borrow, and the owner comes back to the loan? On July 20, the reporter learned from the Chengdu High -tech Court.

张某和王某原为夫妻，在王某并不知情的情况下，张某将二人的共同房产拿去抵押，由于没有及时还贷款，张某被放贷人起诉，但仲裁结果是张王The two are repaid together. The court investigation found that Wang did not know about the mortgage of the house in advance. As a result, Wang sued the arbitration results in the Chengdu Intermediate Court. In the end, the court withdrew the previous arbitration results. The case was finally formed by mediation.

Is the ex -husband mortgaged real estate loan?

Wang and his ex -husband Zhang had a set of real estate during the marriage. After the divorce between the two parties, Zhang signed the authorization attorney for the signing of Wang Mou's signature to obtain others, and entrusted Zhang to replace Wang for borrowing and mortgage. In order to smoothly handle the mortgage, Zhang also found his classmate Xie Mou possess Wang Mou, and held the authorized attorney to the notary office to apply for notarization.

Subsequently, Zhang signed a loan contract and mortgage contract with the borrower Li Mou in accordance with the notarized attorney, and handled the mortgage registration.

However, after the loan, because Zhang did not return the borrowing in accordance with the contract, Li mentioned the arbitration, and the Chengdu arbitral tribunal decided that Wang and Zhang returned to Li's borrowing together, and Li enjoyed the right of priority for the property.

However, in fact, Wang did not know the entrustment of the authorization, and signed a loan contract, a mortgage contract, and the mortgage registration was not Wang's true will. So Wang claimed a lawsuit to revoke the above rulings. The Chengdu Intermediate People's Court identified the authorization of the authority to forge Zhang and ruled the above rulings.

Since then, Li went to the court to sue Zhang and Wang and ask them to return the loan. During the trial of the case, Li gave up his claim to Wang, as long as Zhang requested Zhang to pay back the principal and interest of the loan, the case was finalized.

Afterwards, Wang made a prosecution request to the High -tech Court to confirm that the previous loan contract and mortgage contract were invalid.

According to the trial, the court held that Zhang's falsified Wang authorized to sign a contract with Li, and the signing of the contract was not Wang's true meaning. Although Wang thought that the authorization had been notarized, the notarization was that after the contract was signed, and the notary was also effective in the referee. The identification is forged. When signing the contract, Zhang did not have an agency right, nor did he have the right to make Li have reason to believe that Zhang had an agency right. Therefore, the contract did not have legal effect on Wang.

The court believes that the part of the contract involved Zhang and Li is a true expression of voluntary negotiation between the two parties, and it is legal and effective and not violated the mandatory provisions of laws and regulations. Because Li had given up the right to prioritize the mortgage property in the effective mediation letter, the court also supported Wang's litigation request for Li Mou and Zhang Mou to assist in the cancellation mortgage registration.

The judge reminded that civil loan is the most likely to cause disputes in normal life. The masses should pay special attention to the process of private loan: First, important documents such as ID cards and marriage certificates should be properly kept to prevent others from illegally use, damage their rights and interests of their rights and interests The second is that the borrowing items should be checked carefully compared to the original ID card, and if necessary, the borrower should be required to sign the contract in person in person; the third is that during the litigation process, they should take their own rights seriously to avoid the intention of giving up their rights at will.

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