If the mortgage is sued for overdue, there are the following remedies:
1. Settle the debt before the court accepts it, and the bank will naturally withdraw the lawsuit;
2. If you are temporarily unable to pay off the arrears, you can contact the bank to negotiate repayment before the court accepts it. It's best to provide the corresponding certification materials (such as the certificate of termination of labor contract, etc.). When negotiating, first make it clear that you are temporarily unable to repay the debt, indicating that you did not intentionally fail to repay it, and then express your sincere willingness to repay, and then try to apply for an extension of the repayment period and repay the debt in installments. If the bank finally agrees, it will naturally withdraw the lawsuit and then discuss the new repayment plan with the customer;
In addition, customers can try to borrow money from their family and friends to pay off their debts. Pay off the mortgage debt first, and then return the money to relatives and friends.
4. If there is really no way or the bank can't hear it, it is necessary to prepare relevant evidence (such as unemployment and family changes). ), showing its high integrity in front of the judge, not maliciously owing money, and having repayment ability from the time of prosecution, so that the court may make a reasonable ruling;
Users can't repay the bank loan through various efforts. They can also consider listing the house for sale, and repay the bank's debts through the proceeds from the sale of the house. As long as the bank can get the arrears, the bank will drop the lawsuit.
What are the consequences of overdue mortgage?
1. Bad personal credit record
Once the mortgage is overdue, whether it is a commercial loan or a provident fund loan, the loan bank can see your overdue repayment record. If it is a strict bank, even if you are only one day overdue, the bank will enter the overdue information into the central bank's credit information system. Once the overdue records enter the credit information system, it will have a serious impact on everyone's future application for credit cards or loans. Even if the loan can be obtained, the loan amount will be greatly reduced.
2. There will be penalty interest and late payment fee.
If the mortgage is overdue, the bank will call or SMS to remind the borrower to repay. There will be a penalty interest for overdue repayment. The penalty interest of different loan banks is different, which is basically 30%-50% higher than the original loan interest rate. Generally speaking, the bank will give you seven days to make up the arrears. If all the repayable funds can be made up within seven days, there will be no late payment fee. But after 7 days, the bank will charge a penalty interest and a late fee together.
3. The risk of seizure of mortgaged property
General banks will set a default clause in the mortgage contract, requiring the borrower to repay all the loan principal and interest in one lump sum if it is overdue for three consecutive times or six times in total. If the buyer's mortgage has not been repaid for more than 3 months, the bank will bring a lawsuit to the court according to the loan contract and guarantee contract. The court will take measures such as property preservation, freeze deposits in all bank accounts of lenders and guarantors, and seal up pledged property.
4. If the mortgage is sued within the time limit, you should actively respond. The part of the debtor's overdue repayment is included in the non-performing repayment record, and the creditor can collect it by SMS, telephone, letter, etc., and face the overdue penalty interest together. If the two parties fail to reach an agreement, the creditor may bring a lawsuit to the people's court and apply to the court for compulsory execution, discount, auction or sale of the property under the debtor's name to pay off the debt.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 conditions for prosecution
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Decision in article 152
The judgment shall specify the judgment result and the reasons for making the judgment. The contents of the judgment include:
(a) the cause of action, the claim, the facts and reasons of the dispute;
(two) the facts and reasons identified in the judgment, the applicable laws and reasons;
(three) the verdict and the burden of litigation costs;
(4) the appeal period and the court of appeal. The written judgment shall be signed by the judges and court clerks, and stamped with the seal of the people's court.
Article 7 1 of the general loan conditions
In any of the following circumstances, the lender will charge interest on part or all of the loan; If the circumstances are particularly serious, the lender shall stop paying the unused loan of the borrower and recover part or all of the loan in advance:
1. Failing to use the loan for the purpose specified in the loan contract.
Second, the use of loans for equity investment.
Third, engage in speculative business with loans in securities and futures.
Four, the borrower who has not obtained the qualification of real estate business according to law uses the loan to operate the real estate business; Borrowers who are legally qualified to operate real estate engage in real estate speculation with loans.
Five, not according to the provisions of the loan contract to pay off the loan principal and interest.
6. Borrowing money from each other to obtain illegal income.