1. Does the bank loan guarantor still have guarantee obligations after his death?

Legal analysis: After the death of a bank loan guarantor, he will no longer bear guarantee obligations. In bank loans, the guarantor has the following responsibilities: 1. Civil liability: The guarantee contract is a subsidiary contract of the main contract. The main contract is invalid and the guarantee contract is invalid. If the guarantee contract stipulates otherwise, the stipulation shall prevail. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability based on their faults. 2. Joint and several liability: If the debtor with joint liability guarantee fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt, or require the guarantor to assume guarantee liability within the scope of its guarantee. 3. Guarantee liability: If there are two or more guarantors for the same debt, the guarantor shall bear the guarantee liability according to the guarantee share stipulated in the guarantee contract. If there is no agreement on the guarantee share, the guarantor shall bear joint and several liability. The creditor may require any guarantor to bear the entire guarantee liability. The guarantor has the obligation to guarantee the realization of all claims.

Legal basis: "People's Republic of China and Civil Code"

Article 388 To establish a security interest, the security shall be entered into in accordance with the provisions of this Law and other laws. contract. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subordinate contract to the main creditor's rights and debts contract. If the principal creditor's rights and debt contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability according to their faults.

Article 389 The scope of security for security rights includes the principal creditor's rights and their interest, liquidated damages, damages, costs for keeping the guaranteed property and realizing the security rights. If the parties agree otherwise, such agreement shall prevail.

Article 390: During the guarantee period, if the guaranteed property is damaged, lost or expropriated, the holder of the guaranteed property may have priority in receiving compensation from the insurance money, compensation money or compensation money received. If the performance period for the guaranteed creditor's rights has not expired, the insurance money, compensation money or compensation money, etc. may also be withdrawn.

Article 391: If a third party provides a guarantee and the creditor allows the debtor to transfer all or part of the debt without its written consent, the guarantor will no longer bear the corresponding guarantee liability.

Article 392: If the guaranteed creditor's rights are guaranteed by both physical and human guarantees, and the debtor fails to perform the due debt or the circumstances agreed by the parties to realize the security rights occur, the creditor shall comply with the agreement. Realize the creditor's rights; if there is no agreement or the agreement is unclear, and the debtor himself provides security for the thing, the creditor shall first realize the creditor's rights with respect to the security of the thing; if a third party provides a guarantee of the thing, the creditor may realize the creditor's rights with respect to the security of the thing, or may request The guarantor shall bear the guarantee liability. After the third party providing the guarantee assumes the guarantee liability, it has the right to recover from the debtor.

Article 393: The security right will be extinguished if any of the following circumstances occurs:

(1) The principal creditor's right will be extinguished;

(2) The realization of the security interest;

(3) The creditor gives up the security interest;

(4) Other circumstances under which the security interest is extinguished as stipulated by law.

2. What are the responsibilities of the loan guarantor after his death

If the guarantor leaves an inheritance after the death of the guarantor, the heirs shall bear the guaranty liability within their inherited share. According to the provisions of the Guarantee Law, the third party and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or bear the liability in accordance with the agreement. The third party here is the guarantor, including legal persons, other organizations or citizens with the ability to repay debts on their behalf. The creditor here is both the creditor of the principal debt. Here, performing debts or assuming responsibilities according to the agreement is called guaranteed debt, and some people also call it guaranteed liability.

3. The lender has died, does the guarantor have to repay the loan?

When the lender dies, the guarantor needs to repay the loan.

1. If the borrower’s relatives or other third parties sign with the lending institution when applying for a loan, the lending institution will require the guarantor to perform the guarantee obligation and bear the debt. Joint and several repayment obligations to repay the remaining balance.

2. In the absence of any third-party guarantee:

① If the borrower chooses a house mortgage loan, the overdue loan institution will generally ask the house auction house for the overdue loan. According to the lawsuit, the auction money obtained will be used to pay off the debt first;

②, then the procedures will be completed after the loan is fully paid off, so as to save the house.