What if someone with a mortgage suddenly dies?
After defining the debt relationship, let's look at the problem of mortgage repayment. If the payer dies suddenly, there are three situations:
, there are heirs. According to the provisions of Article 33 of the Inheritance Law, the heir should inherit this house and become the new owner of the house, and should also bear the debts brought with the house. So the successor needs to continue to repay. If the heir has no repayment ability, the house will be auctioned by the bank, and the proceeds from the auction will be used to repay the loan. If there is still a balance after the loan is repaid, the balance belongs to the heir.
Second, no one inherits. If the borrower is a person and there is no heir to inherit the house, it depends on whether the house has handled the property right certificate. If it is not handled, the house is regarded as owned by the developer, and the developer needs to continue to repay the loan. If the house has been issued with the title certificate and the lender dies without an heir, the bank has the right to dispose of the house and the house will be auctioned. If the proceeds from the auction are still unable to pay off the loan, the remaining debts will not be investigated.
Third, give up inheritance. If the heir abandons the inheritance of this house, the loan attached to the house will also be abandoned, so the remaining loan will not be repaid. However, there is a problem. If the mortgage is the debt of both husband and wife after marriage, it is regarded as the same debt of both parties, and one spouse is obliged to repay it after death. And children depend on whether they choose to inherit the house. If the children give up inheritance, they don't have to repay the loan.
How to transfer ownership after death?
1. Children need to determine their inheritance rights when applying for inheritance property transfer. If their parents have other legal inheritance circumstances, they need to obtain the written consent of other heirs to give up the right of inheritance; If parents made a will when they were alive, they should abide by the provisions in the will.
2. Children applying for inheritance property transfer also need to obtain the decedent's death certificate and their own heir certificate. The decedent's death certificate needs to be handled by the public security bureau where the decedent's household registration is located; The heir certificate needs to be handled by the Municipal Public Security Bureau or the county (district) Public Security Bureau.
3. Children applying for inheritance property transfer also need to go to the notary office for notarization and get the inheritance certificate. When handling notarization, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house shall be provided, and the original will shall be submitted at the same time.
4. If a child applies for the transfer of inherited property after obtaining the above-mentioned documents, he/she can bring relevant information, including his/her identity certificate, identity certificate, parents' death certificate, real estate license and other information to the housing management trading office where the house is located to apply for the transfer.
5. The property transfer involved in inheriting the property is the same as the property transfer involved in other situations, and it needs to pay related taxes, and many taxes of this tax are related to the price of the house. Therefore, it is necessary to evaluate the house. The appraisal company will conduct professional price analysis and property price appraisal according to the important factors such as the road section, sitting direction, floor and age of the house, so as to determine the accurate property market price. This appraisal report needs to be submitted to the housing management. After paying taxes and fees, you can go to the housing management office to handle the house transfer procedures.
That's what I introduced. What if someone with a mortgage suddenly dies? How to transfer the ownership when someone dies? We already know this problem. We need to know that when a person dies, the children inherit the house. If the children are unable to repay or do not want to inherit the house, the state has relevant regulations, so don't worry too much.