If the debtor is dead, he/she will be surety for others. When the debtor is unable to repay, the guarantor will bear the obligation to repay. However, if the guarantor dies unexpectedly before fulfilling the guarantee obligations, it will directly affect the continuation of the guarantee obligations, especially whether the heirs should bear the repayment obligation.

The lender borrowed 300,000 yuan from the bank to invest in a pawn shop. As a result, in a car accident, the lender and his seven-year-old son died. His wife survived but suffered a broken leg. 300,000 cash is still in the pawn shop. One of the guarantors was a neighbor of the borrower and had never been to school. When he signed the guarantee letter, he was tricked into having his fingerprints taken. He couldn't write his name and described it blindly, and he didn't know the loan amount of the other party. What should the guarantor do in this situation? Should the bank ask the guarantor for money or the lender's wife?

In addition, the guarantor’s daughter also guaranteed 200,000 for the death of the lender’s brother. Can this status bind the lender's brother? Don’t have the right to waive the guarantee or urge them to repay as soon as possible?

Lawyer Chang Liang of Beijing Jiashan Law Firm replied:

If the debtor dies, the creditor's rights and debts still exist, and the guarantor needs to bear the guarantee liability. Of course, if the debtor has an inheritance, it can be executed.

1. Our country’s legal provisions on guarantees directly support that the guarantor must continue to bear guarantee liability in this case. 103010 Article 6 stipulates: ‘The term “guarantee” as used in this Law refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume liability in accordance with the agreement.

Therefore, compared with the main debt and the main contract, the guarantee is a subsidiary contract signed between the guarantor and the creditor to ensure the performance of the main contract. When the principal debt does not exist, the guarantor's liability will be extinguished, but the debt will not be extinguished upon the debtor's death.

2. When the debtor dies, the debt does not die with him, and the guarantor’s liability still exists. According to Article 33 of the "Guarantee Law of the People's Republic of China": "When the deceased inherits the inheritance, he shall pay off the taxes and debts that must be paid in accordance with the law. The payment of taxes and debts shall be based on the actual value of the inheritance. Limit. Heirs may not voluntarily repay any portion that exceeds the actual value of the estate."

It can be seen that the death of the debtor does not result in the loss of the debt, and the debtor's heirs must pay off the debt within the scope of their inheritance. Therefore, after assuming the guarantee liability, the guarantor can claim rights against the debtor's heirs based on the right of recourse.

3. The deceased’s wife and the guarantor need to repay the loan at the same time. The bank needs to make a claim from the deceased’s wife first. If the wife has no way to repay, she needs to claim compensation from the guarantor. The guarantor’s daughter cannot give up her guarantee responsibility.

Chang Liang is the executive director of Beijing Jiashan Law Firm and holds a doctorate in law. He has worked in the Beijing Municipal, Intermediate and High People's Courts for 12 years, and has served as the deputy president of the Commercial Tribunal and the director of the research office. Responsible for litigation business in a well-known Internet company. The current focus is on difficult and complex civil and commercial litigation and criminal-civilian cases in the financial field. Related Q&A: Who will repay the loan if the borrower dies? Will the loan still have to be repaid if the borrower dies?

Hello, first of all, the lender's estate must be used to repay the loan. If the estate is inherited, the heirs must bear the repayment responsibility within the inherited share. Secondly, if the loan is a joint debt between husband and wife, the spouse is obliged to repay it. If you need legal help, please call and discuss with Jinan Xing Bo lawyer. Related Q&A: If a person dies, who will pay back the money owed to the bank?

First of all, look at what assets you have in your name and whether your bank loan is a mortgage or a credit loan! If it is a mortgage, the bank can dispose of the collateral to make up for the loan. If it is a credit, the bank will also dispose of the assets in your name to repay the loan.

Secondly, bank debts need to be borne by a spouse. If there is no spouse and no inheritance, then it can only be treated as a bad debt!

If the borrower dies, we will actually communicate with the borrower’s survivors about the situation first and give priority to using the borrower’s estate to repay the loan. Although the rights to find a guarantor and to dispose of the collateral are the same, we will still give priority to disposing of the estate through negotiation with the borrower's heirs.

Of course, in actual situations, the collateral is usually the borrower's own.

Who will repay it? Then you need to figure out how the loan is obtained. Loans are usually divided into the following three categories:

Guaranteed loans: A third-party individual or guarantee company guarantees the bank's loan to the borrower. If the borrower dies, the bank will seek repayment from the guarantor or the guarantee company.

Mortgage loan: A loan issued with real estate, vehicles or other items as collateral. If the heir inherits the estate, he will also inherit the debt. If there is no heir to inherit or the heir abandons the inheritance, the bank will handle the repayment of the mortgage.

Credit loans: Credit loans do not require collateral in the event of the death of the borrower. The bank will first ask the heirs to repay, if there is no inheritance in the borrower's name or the inheritance is not enough to offset the debt. The loan is usually treated as bad debt.

If the borrower really does not have any inheritance, then we will look back and see what the borrower used as a second source of repayment, that is, a guarantee measure. General guarantee measures are divided into guarantee guarantees, mortgage guarantees and pledge guarantees.

Whether the available property in the name of the party is enough to repay the loan, if so, the amount used to repay the loan will be deducted from these properties.

If there is no property in the name of the party that can be used to repay the debt, then wait for the bank to file a lawsuit with the court and let the court decide.

If the husband and wife share the same property and the spouse is willing to continue to repay the debt, then there will be no debt collection and other matters involved, and it will be enough to repay it on schedule.

1. Debts borrowed by the deceased during his lifetime should be repaid with the estate of the deceased. If the deceased has no inheritance or the inheritance is not enough to pay off the debt, then the debt will no longer be repaid and the creditor will be in trouble.

2. Repayment shall be made by the heirs who inherit the estate. If there are no heirs or the heirs give up the inheritance, then the heirs cannot be required to repay. The best way is to auction off the deceased's estate to pay off the debt.

So there are certain risks in private lending. For the sake of insurance, creditors must ask the debtor to find a guarantor or use property of equal value as collateral when borrowing money. This way you won't suffer a loss if something happens in the future.

A person still owes a debt to the bank before his death. If the person has property mortgaged when borrowing from the bank, the debt owed to the bank will be repaid with the money from the auction of the mortgaged property. If it is not a mortgage, the estate will pay off the debt. As a property heir, only after the estate has paid off its debts and there is any excess left, can it be inherited according to law. If you give up your inheritance, you don't have to repay the debt.