无效抵押的责任是指当事人设定的抵押被确认无效后,抵押当事人应否承担抵押责任、承担何种责任以及第三人承担责任后能否向债务人追偿的问题,它是当前审判实践中的热点之一。由于我国法律对此尚未作明确规定,故实践中的认识和做法不尽一致,往往导致同一类型的案件处理结果却不相同甚至大相径庭,有悖法律的基本原则。为此,本文拟就这个问题谈点个 Invalid mortgage liability refers to the parties set the mortgage is invalid, the mortgage party should assume the mortgage liability, what kind of responsibility and the third party can bear the responsibility to recover the debtor, it is the current trial practice One of the hot spots. Due to the fact that our country's law has not clearly stipulated this, there is a lack of consistent understanding and practice in practice, which often results in different or even very different treatment results for the same type of cases, contrary to the basic principle of law. For this reason, this article intends to talk about this issue