Current location - Loan Platform Complete Network - Loan consultation - What if the car lender dies?
What if the car lender dies?
What if the mortgagor dies?

Let's start with the case of a natural person's guaranteed loan. If the borrower's relatives or other third parties sign a joint repayment responsibility contract with the lending institution when applying for a loan, the lending institution will require the guarantor to fulfill the guarantee obligation, assume joint repayment responsibility and repay the remaining debts in the case of long-term default by the borrower. If there is no third party as a guarantee and the borrower chooses the mortgage loan method, then the overdue time will reach about half a year, and the lending institution will generally file a lawsuit to auction the collateral, and the proceeds from the auction will be used to pay off the debt first. Of course, if the family members of the missing person repay the loan on their behalf, then after all the loans are paid off, the family members can go through the mortgage cancellation registration procedures and keep the collateral. If the borrower chooses not to provide collateral or third party joint liability, it will be more difficult for the lending institution to recover the arrears, which is likely to be a bad loan, that is, don't think that the money can't be recovered and the lending institution will buy it by itself. Generally speaking, everything has a legal basis to follow. If the borrower dies unexpectedly, the remaining debts need to be repaid in accordance with the contract and laws.

Legal basis:

Article 394 of the Civil Code of People's Republic of China (PRC) guarantees the performance of debts. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

How to deal with the car loan when people die?

1, 1. The successor 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.

For example, if a parent borrows money from a bank and dies before paying it back, it should be repaid by the child, because he has the obligation to repay after inheriting his parents' inheritance.

6. Second, the guarantor has the obligation to repay.

7. 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.

8. Third, what should I do alone?

9. If the borrower has no heir or guarantor, the bank will repay the debt with the borrower's estate.