First of all, if the borrower fails to repay the bank in full and on time after obtaining the loan, its credit record will be tarnished. Under normal circumstances, the borrower's credit record will truthfully show the number of days of overdue repayment. If the borrower's overdue repayment exceeds the time specified by the bank, it is a serious overdue situation, and it will be very difficult for the borrower to apply for a loan from the bank again. \x0d\ Secondly, if the repayment is overdue, in addition to the bad credit record, the bank will also call the borrower for debt collection. If the borrower is overdue due to special circumstances, he may apply to the bank for deferred repayment. If the borrower doesn't repay the loan immediately after the phone call, the bank will send someone to collect the debt. \x0d\ Finally, if the borrower fails to repay the loan after taking a series of measures, the bank will protect its rights and interests through law. If the borrower chooses mortgage loan, the bank will auction the borrower's collateral after bringing a lawsuit to the law, and the auction money will be used to repay the loan first, and the remaining money will be returned to the borrower in full. If the borrower applies for a credit loan, don't take any chances to borrow it. \x0d\ Long-term default on bank loans will not only affect the borrower's personal credit record, but also lose personal assets. Therefore, before applying for a loan, you must make a detailed repayment plan, including planning some emergencies.
What will happen if the loan is not available?
Yes
"What are the consequences of the loan?
1. If a lending institution or bank fails to perform the judgment of the court within the performance period after winning the case in court, it will apply to the court for enforcement.
2. When accepting enforcement, the court will inquire about the real estate, vehicles, securities and deposits in the name of the lender according to law.
3. If the lender refuses to perform the effective judgment of the court because there is no enforceable property under his name, negative information such as overdue repayment will be recorded in the personal credit report, which will restrict high consumption and entry and exit, and may even lead to judicial custody.
4. Refusing to execute a judgment or ruling is suspected of refusing to execute a judgment or ruling.
Second, if a banking institution owes a bank loan, it will take a series of measures, as follows:
1. The bank will call the borrower to collect debts.
2. If the borrower still fails to repay the debt after debt collection, there will be a certain penalty interest and a bad credit record for himself.
3. If the borrower still fails to repay the loan, the bank will send relevant staff to collect it in person.
4. If the borrower fails to repay the loan until the end, the bank will take legal measures to protect its rights and interests through law. If the borrower applies for a mortgage loan, the collateral will be auctioned by the court, and then the proceeds from the auction will be used to repay the loan.
Third, overdue loans
According to the relevant provisions of the Contract Law, the borrower fails to repay the loan within the time limit stipulated in the loan contract, which is a breach of contract and should bear the liability for breach of contract. The ways to bear the liability for breach of contract include returning the loan principal, paying the interest during the loan period agreed in the contract and paying the interest of loans overdue.
Repaying the loan principal and paying interest within the loan period agreed in the contract will generally not cause disputes because the parties have clearly agreed in the loan contract; There is a great dispute between the parties about the interest on overdue loans, and the standards applied by judges in hearing such cases are not uniform, which affects the authority of the law. Lawyers believe that it is necessary to integrate this issue so that everyone's understanding can be unified.
The funds invested by banks in such loans may or may not be recovered in the future. There is a great possibility of losses, and commercial banks usually have to impose a penalty interest on such loans. Overdue loans are the problem assets of banks. Commercial banks should maintain a high capital reserve, and the reserve ratio is generally 50%. "
What is the influence of loans overdue?
Consequence 1: calculate penalty interest.
There is no such thing as a free lunch. Financial institutions are willing to lend you money, and of course they will charge you interest.
Penalty interest is one of the most intuitive consequences in loans overdue. It is directly linked to your money. Why do you say that? In fact, many institutions have very strict regulations on overdue penalty interest.
Consequence 2: overdue records are included in the credit investigation.
Then you may not have seen other hazards in loans overdue, such as one of the very devastating consequences-overdue records are included in the credit report.
Even if you pay off your debts, your personal credit report will still show the fact that you are in loans overdue. The next time you want to apply for a credit card or apply for a loan, it will be affected. There are too many overdue times, and all kinds of loan financial services are basically beyond your reach.
Consequence 3: It will be collected, prosecuted or even blacklisted by the untrustworthy.
Another serious consequence of loans overdue is that it will be collected. Text messages and phone calls are routine means. Once all this fails, the bank will sort out your loan contract, hand it over to the regulatory authorities and start suing you. If you don't repay the loan, you will go to court. As long as the evidence is conclusive and you want to breach the contract, the court will decide to enforce it. Even your only house may be auctioned off.
This doesn't count. Those who owe money will not be returned to the "blacklist of untrustworthy people". The plane high-speed rail can't sit, the bank card Alipay account is frozen, and personal property is auctioned. Life is simply hard.
Legal basis:
Criminal law of the people's Republic of China
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.
Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.
Article 580 Where one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may request performance, except in any of the following circumstances:
(a) It is legally or practically impossible to perform;
(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;
(3) The creditor fails to request performance within a reasonable time limit.
In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the people's court or arbitration institution may, at the request of the parties, terminate the rights and obligations of the contract, but it does not affect the liability for breach of contract.
Article 581 Where one party fails to perform the debt or the performance is not in conformity with the contract, and the performance cannot be enforced according to the nature of the debt, the other party may request it to bear the expenses to be performed by the third party.
Article 582 Where the performance is not in conformity with the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, rework, replacement, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.
Article 583 Where one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
The consequences of bank loans overdue
The consequences of bank loans overdue are:
1, the bank loan records will be uploaded to the central bank's credit information system. Generally, overdue loans will be recorded in personal credit information, which will have an impact on personal credit. Later, if you apply for a loan and apply for a credit card (debit card), the pass rate will be reduced;
2. loans overdue will also generate high interest and liquidated damages, and the longer the overdue period, the more penalty interest;
3. If it is overdue for a long time and the amount is large, and the bank does not repay after collection, then the bank will still sue and seriously bear criminal responsibility.