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Specific ways to deal with the death of the lender who owes bank credit:
First, the heir has the obligation to repay.
Generally speaking, the threshold of bank loans is high, and it is difficult for the elderly to apply for loans in banks. Whether it is natural death or accidental death, borrowers generally have heirs. According to the latest law, the heirs of the borrower's estate are obliged to repay the outstanding debts of the borrower. Therefore, the money owed to the bank must be paid back. It's not that a person dies and the debt is lifted, but that the heir pays it.
Second, the guarantor has the obligation to repay.
In addition, remind everyone that there is another situation. If your friend borrows money from the bank, you sign as a guarantor. If your friend dies, you are also responsible for repayment.
Third, what should I do alone?
If the borrower has no heir or guarantor, then the bank will use the borrower's inheritance to repay the debt; That bank can only deal with bad debts and has no way out.
I hope it helps you. Thank you.
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He is unmarried and has no heir. His parents are his guarantors, both of whom are people in their sixties.
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The guarantor has the obligation to repay.
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Both parents are working and don't have much money.
This is a mortgage.
His son is missing. Are parents responsible for repayment? Parents are guarantors.
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Mortgage is generally a mortgage loan, and parents also have the responsibility to repay it. If not, the bank will, will conduct a mandatory auction of the house.
The guarantor is responsible for repayment.
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What if the guarantor has no money?
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Is the house still there?
The bank will then seal up and freeze the guarantor's account and freeze the property.
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The bank took it back and stopped selling it, and found a guarantor.
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The guarantor can sell it himself and then pay back the bank money.
The house belongs to the estate of the deceased, and the parents are the heirs and guarantors, so the house can be sold by the parents themselves and then repaid.
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Second, if a person owes a lot of money to the bank, but he dies, what should he do with this account?
Family fortune password commentator Yan Dong:
From a legal point of view, according to China's Inheritance Law, the debt will not disappear after the debtor dies. If creditors want to recover their debts, they should first look at whether the debtor has left a legacy, and then look at whether there is a debt guarantor.
After the death of a citizen, the heirs of his property also inherit debts, and his debts are returned by the heirs. If there is no property or the heir renounces inheritance, the heir shall not bear the creditor's debts.
Article 6 of the Guarantee Law stipulates: "When the debtor fails to perform the debt, the guarantor shall perform or assume the debt as agreed."
In fact, it is very clear here that if they borrowed money before their death, in principle, as long as they have property, guarantors and heirs, they will bear this part of the debt and help the debtor pay back the money.
If the money borrowed from the bank is ok, because if there is no repayment ability, the bank will not deprive the borrower of the most basic right to exist. This is also protected by law. For example, if there is only one house, just enough for your family to live in, then this house cannot be used to pay off debts, because there is no place to live after it is taken away, which is also not supported by the law. However, if three people in the family live in a villa of several hundred square meters, in this case, the house will be auctioned, but in this case, the bank will provide you with a rental place, and the auction amount will give you a small house, and the rest will be taken away by the bank.
If it is borrowed from the people, their dunning will not be so gentle. At this time, we should use more legal weapons to protect ourselves. According to China's laws, interest with an annual interest rate exceeding 24%-36% can be negotiated and not repaid. The law does not support or oppose this part of the money. Interest rates over 36% are not protected by law. Strictly speaking, it cannot be repaid.
First of all, I express my condolences over the death of my family, but I can't ignore the immediate debt. It is still necessary to actively negotiate and deal with it, and make more use of the law to safeguard their legitimate rights and interests.
This problem should be viewed from several aspects:
Mortgage loan mortgage loan refers to the mortgage loan, which can be a house, national debt, wealth management products, stocks and so on.
If the borrower dies, the bank has the right to dispose of these collateral to repay the loan.
So will the mortgage be insufficient to repay the loan after the auction? Generally speaking, banks will give discounts when lending, such as mortgage, which can only give loans of 70% of the market value of houses at most.
Of course, there are also cases where borrowers have multiple mortgages, so banks can only make bad debts if they can't get collateral.
Third-party secured loan If the loan is secured by a third party, the loan will be transferred to the guarantor after the borrower dies. The bank has the right to initiate recourse against the guarantor.
Pure credit loan Pure credit loan, the heirs of the estate need to repay the loan within the scope of the estate coverage.
If the loan is 6.5438+0 million and the inheritance is 500,000, then the bank has the right to recover this 500,000. However, in reality, it is difficult for survivors to cooperate with banks to collect debts from their survivors. At this point, the bank can only ask for enforcement. If it can't be enforced, the money will become a bad debt of the bank.
Everyone's traditional concept is "it's only natural to pay back debts", and there is still a father's debt to pay. Many netizens said that it is still illegal to owe money to the bank after death. It is a bank rule that people can't withdraw their deposits when they are dead.
If I die, will my family help me pay off the money I owe to the bank?
Generally speaking, there are two views on this issue. One is that it is natural to pay back debts. Even if a person dies, his family has the obligation to continue to pay back money. This idea has been passed down for thousands of years. There is also a view that since everyone is gone, I don't have to pay back the debts he owes when I clear this dormant account. At present, both of these views have their correct side, but they are not completely correct, and both have their one-sided side.
1, who is this family?
When many people talk about family, they talk about couples and children unnaturally. Admittedly, these are immediate family members, but on the debt issue, the relationship between husband and wife and children is quite different.
During the existence of the relationship between husband and wife, if the money borrowed by one party from the bank is used jointly by both husband and wife, it is regarded as the same debt of both husband and wife. After the borrower dies, as his spouse, he has the obligation to continue to pay back the money.
However, if the borrowed money is not used jointly by the husband and wife, and the living party can prove that he doesn't know about the loan, and the loan is used in places that have nothing to do with him, then the loan will not be regarded as the same debt for the husband and wife, and accordingly, there is no need to undertake the obligation to continue repayment. For example, a husband and wife privately borrow money from the bank and then use it for gambling. This is why many banks require both husband and wife to sign on the spot when lending money.
In addition to the relationship between husband and wife, children and debtors do not act as a * * * relationship, and children are not obliged to repay debts. Unless the child acts as a debt guarantor or explicitly acts as a * * * co-debtor when borrowing money, in this case, the child needs to continue to repay the loan.
Accordingly, if a child is a debtor, he has no obligation to repay the debt if it is not clear that he has a contingent debt and his parents are not debtors.
2. How can I pay my debts when I die?
First of all, it is necessary to determine the available property under the name of the party concerned. The laws in this area are relatively sound, so I won't say much. Then see if these properties are enough to repay the loan. If it is enough, the amount used to repay the loan will be deducted from these properties, and the remaining properties will be inherited by the heirs according to the inheritance law at customs clearance. If it is not enough, it is impossible to inherit the property of the parties on the principle of paying off the debts first.
These things cannot be solved by banks and need to be judged. Only after the judgment, they have the final legal effect. So, if there is nothing in one party's name to repay the debt, wait for the bank to make a judgment.
If the husband and wife have joint property, and the spouse is willing to continue to repay the debt, there is no such thing as debt collection, and repayment on schedule is ok.
3, there is a premise.
In fact, there is a premise here. Finally, I would like to add that the above two points are based on law. If you don't borrow money from the bank, if the creditor does not act in full accordance with the law, but seeks other social channels, of course, it will not be restricted by the above-mentioned debtors, but all true relatives related to the parties may suffer.
Therefore, Peng Kun's theory would like to remind everyone here not to borrow as much as possible. For many people, there is no need to settle accounts after death. Don't leave endless pain for your family after death.
Traditionally, debts have to be paid, as well as father's debts.
But that's not what the law says
1. During the relationship between husband and wife, both husband and wife bear the same debts.
2. According to Article 33 of the Inheritance Law:
Article 33 When inheriting an estate, the decedent shall pay off the taxes and debts that should be paid according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir.
If the heir renounces inheritance, he may not bear the taxes and debts that the decedent should pay according to law.
Look carefully, pay back the money owed to the bank with the inheritance. If you owe more than the value of the estate, you don't have to repay the excess unless the heir voluntarily repays it.
For example, the debt is 6.5438+0.5 million, but the inheritance is only worth 6.5438+0.00 million, so only 6.5438+0.00 million can be repaid, and the excess 500,000 heirs do not need to repay unless they are willing.
What we usually think of as "family" includes parents, brothers and sisters, spouses, children and so on.
However, according to the law, not all family members have the right to inherit, and the order of inheritance is as follows:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
What money is owed to the bank?
There are several common ones:
1, credit loan.
Such as credit cards.
Spouses are obliged to repay the money owed during marriage.
Those who are not married will be repaid by inheritance.
2. Mortgage loan.
A mortgage is secured by a house.
Some people's mortgage will increase their parents as guarantors.
After the death of that person, if the spouse or parents continue to pay the monthly payment, it will be fine. If they don't pay back or can't afford it, the bank will auction the house through legal channels, pay back the mortgage first, and give the excess money to the heir. But it should be noted here that the auction is an auction, and the proceeds from the auction are given first, and then to the bank and the heir respectively.
There are many people who discuss how to withdraw the deposit after death.
Deposits are part of the estate and are inherited by the heirs.
Heirs can carry death certificates, notarial certificates and other legal documents with them, and people who have lost their cards or don't know the password can also take them out.
Note that legal documents must be obtained first. Yes, notarial certificate needs money. Yes, only the heirs can get it, and no one else can.
Therefore, whether the bank wants to recover the loan or the heir wants to get back the deposit, it is through legal channels. Without legal documents, everyone can't talk nonsense, and the expenses incurred during the period are also borne by themselves.
The netizen said: The bank lender is dead, and there is no doubt that a son can continue to pay me back. When Keren dies, why is it so difficult for heirs to get bank deposits? Can you give us a reasonable explanation?
Many people think that "it is natural for a father to pay his debts", but this has no legal basis.
Some people think that "people pay off their debts when they die", which also has no legal basis.
According to Article 2 13 of the General Principles of Civil Law: "After the death of the executed citizen, the debt shall be paid off with his legacy." In other words, after the debtor dies, the debt should be paid off with his legacy.
According to Article 33 of the Inheritance Law: "Inheritance shall pay off the taxes and debts payable by the decedent, and the payment of taxes and debts shall be limited to the actual value of the estate."
This legal provision has two meanings:
First, children have the right to inherit their parents' inheritance and the obligation to repay their debts; On the contrary, there is no obligation to repay debts.
Second, children have the right to inherit their parents' inheritance. When repaying debts, it is limited to the value of the estate. If the debt exceeds the value of the estate, the children are not obliged to pay it back.
So, to put it simply, no matter how much money you owe the bank, you will repay it in the form of an inheritance, but the amount of repayment is limited to the value of the inheritance. If you owe more than your inheritance, you don't have to pay back the excess.
Usually, banks will handle this. If the money owed by the deceased to the bank is a loan obtained by mortgage, the bank will repay the bank loan through the people's auction of the mortgage lender's collateral after the lender dies.
Only when the collateral is not enough to repay the principal and interest of the bank loan after being disposed of and realized will the bank generate bad debt losses. Usually, this will not happen, because the bank's mortgage valuation at the time of loan is usually lower than the original value of the lender's fixed assets. For example, the mortgage of a house can only be loaned at 70% of the assessed value of the house. Of course, if the lender colludes with the appraisal company, or the appraisal company colludes with the bank to overestimate the lender's appraisal price, there may be situations where the collateral is insufficient to repay the bank loan.
Take the house as an example. If the original value of the lender's house was only 6,543,800 yuan, and the appraised company appraised it as 2 million yuan, the result was a loan of 6,543,800 yuan from the bank. If one day the lender dies and the house is disposed of, the bank will lose 400,000 yuan, leaving the bank with 400,000 bad debts.
At the same time, if the lender's loan is guaranteed, after the lender dies, the bank can find a guarantor to repay the bank loan, and the guarantor becomes the lender's natural debt bearer; Of course, if the guarantor fails to operate, loses repayment ability, or the guarantor dies, the bank's loans will basically lose money, but this probability is extremely low.
On the other hand, if the lender's loan is a credit loan and the lender dies, the bank can also apply to the people to recover the debt from the lender's family, but this is often strongly opposed by the family, and it is difficult for the bank to safeguard its legitimate rights and interests, which will lead to the loss of the bank's creditor's rights.
My friend, in short, banks will try their best to protect their legitimate rights and interests, and there are many ways. Usually, the possibility of loss is very small. I wonder if my answer can dispel your doubts. If you are interested, we can discuss it separately. Wish you a happy life!
The owner of a real estate group in China borrowed180,000 yuan from the bank, and the annual interest alone was as high as 2.3 million yuan. In the end, the company closed down because of poor management, and he died unexpectedly. So you don't need to pay back the 6.5438+0.8 million yuan owed to the bank?
Paying back debts is a matter of course and has always been an unchanging principle.
My city is a third-tier city, and a real estate group is one of the best real estate leaders in our region. Because it was necessary to contract the construction of a private school, the company's boss went to the bank to make a mortgage loan because there were too many construction sites at that time.
Finally, I didn't expect the school to be announced by the government to stop construction. That year was also the most difficult year for real estate, which soon led to the break of the capital chain. The real estate company closed down because of poor management.
In addition to the 6.5438+0.8 million owed to the bank, there are many other debts, up to about 300 million.
The overexcited boss had a sudden cerebral infarction and died unfortunately. He owed the bank180,000, which did not turn into bad debts for a long time. Even if he owes the bank ten dollars, it will eventually become millions of dollars.
As an account manager of a bank, I answer this question from a professional perspective.
In real life, many business friends need a lot of money in advance, and if they have no money for a long time, they go to the bank to borrow money. In order to alleviate their difficulties, they borrowed money from the bank and then charged a certain interest.
(1), short-term loans, or loans with a term of one year, the annual interest rate of the loans is 4.35%.
(2) If the medium-and long-term loan is less than five years, the annual interest rate of his loan is 4.75%.
(3) For a long-term loan of more than five years, the annual interest rate of his loan is 4.90%.
These are just the loan interest rates announced by the central bank in 2020. These are mainly commercial loans, and their interest rates are determined according to your loan life, but this is only the basic interest rate, and many banks will raise this interest rate, so the more you borrow, the longer you borrow, the higher its interest rate will be.
Calculation method: 1800 (ten thousand) 6.5% (interest rate) 2 (year) 2.34 million yuan.
Therefore, it is necessary to pay1170,000 a year, with an average of nearly100,000 per month.
Monthly repayment, the interest alone is nearly100,000 yuan, which is enough for an ordinary employee, and the income of not eating or drinking for one year.
So it can be seen from this point that banks earn a certain amount of interest by lending money to people in need, and the profits are very rich. No wonder some bank employees drive two or three hundred thousand cars to work every day.
If, like this boss before his death, he owes the bank180 thousand, or hundreds of thousands, what will he do after his death?
Take us ordinary people as an example. Going to the bank to deposit money depends not only on the interest, but also on whether the bank has the strength and guarantees to deposit my money in the bank. But when you want to go to the bank for a large loan. The bank will certainly not lend it to you easily.
It is a layer-by-layer investigation and a layer-by-layer audit. You have to borrow hundreds of thousands of millions from the bank. Similarly, you have to mortgage in the bank, which exceeds the amount of your loan.
For example, if I have two properties in my name with a value of 65.438+0.8 million, then the bank will lend you about10.67 billion.
Your mortgage assets must be higher than the principal of your loan, even including interest.
Boss Zhang, because the company is short of funds, mortgaged a luxury villa under his name to the bank. When the bank confirms that this house is a legal asset through various investigations, the bank will be happy to lend you100000, so his loan will never exceed the value of your mortgage.
Banks will not do business at a loss.
Therefore, it is not as simple as you think to borrow a large sum of money from the bank. What will the bank do after the person who borrows a large deposit dies?
Like ordinary credit cards, loans are based on your own credit information. As long as there is no problem with your credit information, then the bank will lend. If you don't pay it back, then your personal credit information will go wrong and you will be included in the list of untrustworthy people.
If someone who doesn't need a mortgage, like a credit card, dies, the bank won't ask your family for the money.
Because the law doesn't allow you to get into debt now, who else borrowed the money? Who are you looking for? If this person dies, then this account becomes a bad debt and cannot be recovered, but there is always a stub in the bank.
Like those large loans, as long as they are not paid, or the lender dies, then their real estate, car industry and stock fund mortgaged in the bank will be auctioned by the bank through formal and legal channels.
Use the auction money to repay the money owed to the bank and the interest generated by the actual time.
As for the extra money, the bank will pay you back, but you must not lose a penny from the bank, and the bank will not lose more, so it will ask you for a penny.
I did encounter this situation when I was working in a bank. The owner of a local supermarket borrowed money from our bank due to the shortage of funds, and used his two supermarkets as collateral assets for 6.5438+0.8 million yuan.
When restocking, the boss died in a car accident, so the money will be repaid irregularly. Under normal circumstances, the bank will inform the family members, and if they have money, they will try their best to repay on time. If they have no money.
Then the bank will auction the assets mortgaged by the boss in the bank for repayment. At that time, I remember that after the money was paid back, it was 800 thousand more. Finally, our bank returned it to the families of the deceased one by one.
So don't feel that you owe money on your credit card, have no mortgage, and don't answer the phone of the bank. After a long time, what can the bank do if it doesn't take care of itself? But don't take any chances and owe the bank money. Every time it is overdue, I will give you interest according to the interest rate during the period. If you don't pay it back one day, you will get interest, just like pigs in March will be raised until the twelfth month, and then they will kill pigs to eat meat.
Once the bank is ready to get this bad debt back, none of you can escape the money owed to the bank.
So don't think it's okay if you don't pay it back. If the borrower dies, his assets will be auctioned because it is legal according to the law.
After all, it is only natural to pay back debts.
So even if the person who owes money to the bank dies, as long as she has mortgaged assets in the bank, the bank will auction her mortgaged assets to pay back the money.
Don't think the bank is so messy. Everything is done according to the regulations. These rules will be explained to you in detail before you borrow money. If you have no repayment ability, don't borrow it. Borrow it if you have it. Everything is two-sided. How to use it? So be rational.
Thank you for your watching and support.
I often meet some friends and ask: Banks lend money to so many people. If someone owes a lot of money to the bank and dies suddenly, what should he do with the money he owes to the bank?
Encounter such a problem, in fact, the essence of this problem is that if the borrower dies, the money owed to the bank will not be returned?
First, the basic principle of market economy is the principle of credit.
Market economy is a credit economy, and the basis of market economy is social credit order, which is our old saying: "It is only natural to pay back debts". At the beginning of the market economy, the credit base was destroyed, and people were proud of not paying back the money they owed. This idea still exists in some people. So some people go to the bank to borrow a lot, some people go to the peer-to-peer lending platform to borrow a lot, and some people even borrow a lot from relatives and friends in order not to pay back. So there has always been a saying that a grandfather in debt wants his children's money. However, in recent years, with the construction of China's credit society, those who fail to pay their debts have been punished and criticized from the perspective of law and public opinion. So I hope that owing money has been condemned by people more and more.
Therefore, the conclusion must be: the money owed to the bank will not disappear as people think, and the money that should be paid back will still be paid back.
Second, you must be able to borrow a lot of money from the bank.
People often say, why don't banks give loans? You have money, I need it, why doesn't the bank lend? Some people think that bank loans are too strict, so bank loans are not good. All these show that it is not easy to borrow a lot in banks. So the premise of this question is that you can borrow a lot of money from the bank, because the bank will strictly examine the loan application. There are several conditions for you to borrow a lot from the bank: first, you should have a reasonable enough reason to use the money, and the bank loan should review the purpose of the loan. Only reasonable loan purposes can be used for loans, so your loan purposes should be approved by the bank; Second, if you are an individual enterprise that borrows from a bank, besides the purpose of the loan, you should also look at the operating conditions of your enterprise, especially the source of repayment, future cash flow and mortgage guarantee measures. If these conditions are met, even if the borrower dies, your loan will have repayment ability and source.
Third, if the lender has an accident, how can the loan be repaid?
Although people can't get rid of it in a dormant account, it won't be like "the father owes the son back" as we said before. So what if we deal with it?
First, if a mortgage loan is used, the collateral can be disposed of, and if there is any surplus after disposal, the balance should be returned to the heir; If the repayment is insufficient, we are still considering the disposal of the estate.
Second, if there are legacies, they must first be returned to the bank for loans, and the balance must still be returned to the heirs of the legacy. If the repayment is insufficient, you can cancel the account.
Third, if it is a secured loan, there are two ways to handle it. You can ask the guarantor to repay the loan, and then the guarantor can recover from the heir. You can also dispose of the estate first, and then recover from the guarantor if the repayment is insufficient.
It should be noted that if the lender has an unknown large amount of funds or has the behavior of transferring funds, if someone maliciously transfers assets, then the bank can recover the whereabouts of the funds. If it turns out to be a malicious transfer of property, not only can it not be recovered through justice, but it may also be suspected of finance and subject to legal sanctions.
Loans are risky and need to be cautious. Strictly protect our own integrity, integrity is the principle that each of us should abide by.
I am a cultural review, focusing on banking for 30 years and reviewing financial analysis.
This problem happened to be seen this year. My uncle's son died suddenly this year. After his death, his family discovered that he owed 30,000 to 40,000 credit cards, and then the bank didn't call his family. It should be a dormant account.
But after checking, I think it depends on the money he spent himself, but he is 33 years old and has to use the borrowed money for himself, so the bank didn't let his relatives return it.
If you owe a lot of money to the bank and die, then your own civil subject qualification will be destroyed. All your rights and obligations are zero once and for all. You don't have to worry about anything, but the bank will never stop there and will take back his money in various ways.
1. Give priority to repayment of loans with collateral.
At present, the amount of bank loans is huge. Generally, property is used as collateral. If you can't pay back the money when it is due, people can directly ask you to pay back the money. If you can't afford it, the bank can ask for the auction of the mortgaged property, and the proceeds from the auction will be returned to others first.
If you leave, your house is still there, and your debts are still there, you don't have to worry. No matter who inherits the house, the money from other people's banks must be returned first, and the remaining heirs will inherit it.
2. Spouse pays back the money (bank loans are generally signed by both husband and wife)
If the loan is borrowed during your marriage life, and the money is really used for the husband and wife to live together, then the loan belongs to both husband and wife, and both husband and wife share the responsibility for repayment, even if they divorce. After your death, the bank can of course ask your spouse to repay on the grounds that the husband and wife are in the same debt.
The heir repays the money.
(1) If you leave an inheritance after your own death and your heirs inherit it, then according to the law, you must pay off the debts within the scope of the inheritance first.
(2) If there is no inheritance after death and China has no father's debts, the bank has no right to ask any of your relatives for money. In this case, if people die and everything is ruined, the bank will only admit that it is unlucky!
As a person, you should properly handle your debts and other matters before you die, and don't leave too much trouble for your living relatives. Of course, the elimination of creditor's rights and debts after death is also a way to get rid of it, otherwise many people who owe money will be very hard.
I heard a true story told by the governor of a county bank: a farmer borrowed 654.38 million yuan from his bank, got sick and died, and cancelled his account according to the instructions of the loan officer. However, a few years later, the president accidentally saw the farmer living well in the street and immediately understood what was going on.
Third, what if the lender who owes bank credit dies?
Specific ways to deal with the death of the lender who owes bank credit:
First, the heir has the obligation to repay.
Generally speaking, the threshold of bank loans is high, and it is difficult for the elderly to apply for loans in banks. Whether it is natural death or accidental death, borrowers generally have heirs. According to the latest law, the heirs of the borrower's estate are obliged to repay the outstanding debts of the borrower. Therefore, the money owed to the bank must be paid back. It's not that a person dies and the debt is lifted, but that the heir pays it.
Second, the guarantor has the obligation to repay.
In addition, remind everyone that there is another situation, such as