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What should I do if someone dies while paying off the mortgage?

If the person who is repaying the mortgage dies, the legal heir will repay the loan.

After the death of the lender, the property is inherited by the legal heirs. If the borrower dies during the mortgage repayment process, the mortgage will continue to be repaid by the heirs of the property. If there are no heirs to inherit, the house will be auctioned to pay off the mortgage. When inheriting an estate, the taxes and debts that the deceased should pay according to law shall be paid off. The taxes paid and the debts paid off shall be limited to the actual value of his estate. The excess of the actual value of the estate shall not be subject to this limit if the heir voluntarily repays it. In other words, if the mortgage lender has an heir, his heir will also inherit the loan debt while inheriting the estate. The lender's estate should be used to repay his or her lifetime debts and dues.

Heirs can choose whether to repay debts that exceed the actual value of their estate. This means that after the borrower dies, the heirs must repay the loan and other debts.

Mortgage repayment methods:

1. Equal principal and interest.

Features: The monthly repayment amount is the same. Essentially, the proportion of principal increases month by month, and the proportion of interest decreases month by month. For the same loan period and loan amount, the total interest for equal amounts of principal and interest is much higher than the total interest for equal amounts of principal.

Equal principal and interest are suitable for people: The monthly repayment amount of equal principal and interest is the same, so it is more suitable for families with normal spending plans, especially young people. As age increases or job promotion, the income will increase. If the amount increases, living standards will naturally rise; if such people choose the principal method, the initial pressure will be very high.

2. Equal principal amount.

Features: The monthly repayment amount is different and decreases month by month; it divides the loan principal evenly according to the total number of months of repayment, plus the interest on the remaining principal of the previous period. This forms the monthly repayment amount, so the monthly repayment amount of the equal principal method is larger, and then decreases month by month, and the more the repayment is, the less it is.

Equal-amount principal is suitable for people: The equal-amount principal method has a larger repayment amount in the early stage and then decreases month by month, so it is more suitable for borrowers with strong repayment ability in the early period. Of course, some older people Slightly older people are also better suited to this approach, as income may decrease as they age or retire.

Legal Basis

"People's Republic of China and Civil Code"

Article 1121: Inheritance begins at the death of the deceased . If several persons with mutual inheritance relationships die in the same incident and it is difficult to determine the time of death, the person without other heirs is presumed to have died first. There are other heirs, and if they are of different generations, the elder is presumed to die first; if they are of the same generation, they are presumed to die at the same time, and no inheritance occurs between them.

Article 1,125: If an heir commits any of the following acts, he will lose the right to inherit: (1) Intentionally killing the deceased;

(2) Killing other heirs to fight for inheritance;

(3) Abandoning the decedent, or seriously abusing the decedent;

(4) Forging, tampering with, concealing or destroying wills , the circumstances are serious;

(5) Using fraud or coercion to force or prevent the deceased from establishing, changing or withdrawing a will, the circumstances are serious.

If an heir commits the acts in items 3 to 5 of the preceding paragraph and truly shows repentance, and the decedent expresses forgiveness or later lists him or her as the heir in the will, the heir shall not lose the right to inherit. If the legatee commits any act specified in paragraph 1 of this article, he shall lose the right to receive the legatee.

Article 1,161: The heir shall pay off the taxes and debts that the deceased should pay according to law to the extent of the actual value of the inheritance received. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs. If the heir gives up the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law.

Article 1,162: The execution of a bequest shall not hinder the payment of taxes and debts that the legatee shall pay in accordance with the law.

Article 1,163: If there is both legal inheritance and testamentary inheritance or legacy, the legal heir shall pay off the taxes and debts that the deceased should pay according to law; if the actual value of the inheritance exceeds the legal inheritance Part of it shall be paid off by the heirs and legatees in proportion to the inheritance received.