Family Wealth Code Commentator Dong Yan:

Let’s first look at it from a legal perspective. According to our country’s “Inheritance Law”, after the debtor dies, the debt will not disappear. To recover a debt, we must first check whether the debtor has left an inheritance, and secondly whether there is a debt guarantor.

After the death of a citizen, the heirs of his property will also inherit his debts, and his debts will be repaid by his property heirs. If there is no property or the heir abandons the inheritance, the heir shall not bear the debts of creditors.

Article 6 of the "Guarantee Law" stipulates: "When the debtor fails to perform the debt, the guarantor shall perform or assume the debt in accordance with the agreement."

In fact, it is very clear at this point. If you borrow money during your lifetime, in principle, as long as you have property, a guarantor and heirs, they will have to bear this part of the debt and help the debtor pay back the money.

It’s okay if you borrow money from a bank, because if you are unable to repay, the bank will not deprive the borrower of the most basic right to survival. This is also protected by law. For example, if there is only one house and it is just enough for your family to live in, then this house cannot be used to pay off debts, because after it is taken away, there will be no place to live. This is not supported by law. But if there are three people in the family living in a villa of several hundred square meters, the house will be auctioned. But in this case, the bank will provide you with a place to rent, and the auction amount will be used to buy you a smaller house. , the bank takes the rest.

If you borrowed from a private loan shark, they will not be so gentle in urging you to pay. At this time, you should use more legal weapons to protect yourself. According to our country’s laws, interest rates exceeding 24%-36% in annual interest rates are non-negotiable. Yes, the law does not support or object to asking for this part of the money. Interest rates exceeding 36% are not protected by the law. They are usury in the strict sense and do not need to be repaid.

First of all, I express my condolences for the death of my family member, but the debt is right in front of me and cannot be ignored. We still need to actively negotiate and deal with it, and make more use of the law to protect our legal rights.

This issue should be looked at in several situations: Mortgage loan

A mortgage loan means a loan with collateral, which can be a house, a national debt, or a financial product. , stocks, etc.

If the borrower dies, the bank has the right to dispose of these collaterals to repay the loan.

Then will there not be enough to repay the loan after the mortgage is auctioned? Generally not, banks will have a discount when lending. For example, for home mortgages, they can only provide loans for up to 70% of the market value of the house.

Of course, there are also cases where the borrower has multiple mortgages on the collateral. In this case, the bank cannot obtain the collateral and will have to deal with bad debts. Third Party Guaranteed Loan

If the loan is guaranteed by a third party, the loan is transferred to the guarantor upon the death of the borrower. The bank has the right to initiate recovery from the guarantor. Pure credit loan

Pure credit loan, the heirs of the estate need to repay the loan within the coverage of the estate.

If you borrow 1 million and inherit 500,000, then the bank has the right to recover the 500,000. But in actual situations, when banks collect debts from survivors, it is difficult for survivors to cooperate. At this time, the bank can only file a lawsuit in court to request enforcement. If enforcement fails, the money will become bad debts in the bank.

Our traditional concept is that "it is natural to pay back debts" and the father's debts should be repaid by the sons. Many netizens said: Money owed to the bank must be paid back after death, otherwise it is still illegal. If a person dies, the deposit cannot be withdrawn. This is a bank rule.

If I pass away the money I owe to the bank, do my family members have to pay it off?

Regarding this issue, there are generally two views. One is that it is natural to pay back debts. Even if a person dies, the family is obliged to continue to repay the money. This thinking has been carried out for thousands of years. There is also a view that if I am dead and my debts are settled, since the person is gone, the debts he owes will naturally not have to be repaid. From the current point of view, both of these views have their correct side, but they are not completely correct and also have their one-sided side.

1. Who does family refer to?

When many people talk about family, they unnaturally refer to husband and wife and children.

Granted, these are all immediate family members, but the relationship between husband and wife and children differs greatly when it comes to debt issues.

If the money borrowed by one party from the bank during the relationship between husband and wife is used jointly by both husband and wife, then this is regarded as the joint debt of both husband and wife. After the death of the borrower, it will be treated as his ( Her) spouse is obligated to continue to repay the money.

But if the borrowed money is not used jointly by both husband and wife, and the surviving party can prove that he did not know about the loan, and the loan was completely used for things that have nothing to do with him, then this A loan will not be regarded as a joint debt between husband and wife, and accordingly there is no need to bear the obligation to continue to repay. For example, one spouse goes to the bank for a loan privately and then uses it for gambling. This is why many banks require both spouses to be present and sign together when lending.

Except for the relationship between husband and wife, children are not co-debtors, so they are not obligated to repay debts. Unless the child serves as a debt guarantor or is explicitly a co-debtor when taking out a loan, in this case the child needs to continue to repay the loan.

Correspondingly, if a child is a debtor and it is not clear that the debt is the same or that there is a guarantee for the debt, the parents are not the debtor and have no obligation to repay the debt.

2. How to repay the debt after my death

First of all, it is necessary to determine the property available in the name of the party concerned. The law in this area is already relatively sound, so I won’t go into details. Then it will be seen whether the property is enough to repay the loan. If it is enough, the amount used to repay the loan will be deducted from the property. The remaining property will be inherited by the heirs of Dengguan according to the "Inheritance Law". If it is not enough, the amount used to repay the loan will be used first. In principle, the heirs will not be able to inherit the property of the party concerned.

These matters cannot be solved by the bank. They need to be adjudicated by the court. Only the judgment of the court will have final legal effect. Therefore, if the party has no property in his name that can be used to repay the debt, then Just wait for the bank to sue 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.

3. There is a premise

There is actually a premise here. At the end, I would like to add that the above two points are based on the premise that the law is followed. If what you borrow is not Bank money, if the creditor does not fully comply with the legal provisions, but seeks other social methods, then it will certainly not be restricted by the debtor mentioned above, but all real relatives related to the parties may suffer. .

Therefore, Kunpeng Lun would also like to remind everyone here to try not to borrow loan sharks. For many loan sharks, the debt may not be cleared after death. Don’t leave endless money to your family after your death. pain.

The traditional concept is that debts must be repaid, and debts from the father and the son must be repaid.

But that’s not what the law says.

1. Both spouses must bear the same debts during the relationship between husband and wife.

2. According to Article 33 of the "Succession Law":

Article 33 The inheritance must pay off the taxes and debts that the deceased should pay according to law. The debt is limited to the actual value of his estate. 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 decedent should pay according to law.

You see clearly, if you owe money to the bank, it will be repaid with the inheritance. If the debt exceeds the value of the inheritance, the excess does not need to be repaid, unless the heirs voluntarily repay it.

For example, if the debt is 1.5 million, but the inheritance is only worth 1 million, then only 1 million can be repaid. The heirs do not have to repay the excess 500,000, unless they repay voluntarily.

What we usually think of as “family” includes parents, siblings, spouses, children, etc.

However, according to the legal definition, not all family members have the right to inherit the inheritance. The inheritance is in the following order:

First order: spouse, children, parents.

Second order: brothers and sisters, grandparents, maternal grandparents.

It is also necessary to clarify what money is owed to the bank.

There are several common ones:

1. Credit loan.

For example, a credit card.

The spouse has the obligation to repay the money owed during the marriage.

Those who are not married will be repaid with inheritance.

2. Mortgage.

Mortgage loans are secured by the house.

Some people add their parents as guarantors for their mortgage loans.

After that person dies, if the spouse or parents continue to repay the monthly payment, then it will be fine. If they do not repay or are unable to repay, the bank will auction the house through legal channels, and the proceeds from the auction will be used to pay off the mortgage first. , the excess will be given to the heirs, but what should be noted here is that the auction is conducted by the court, and the proceeds from the auction are given to the court first, and the court then gives them to the bank and the heirs respectively.

There are also many people discussing the issue of how to withdraw deposits after death.

Deposits are part of the estate and are inherited by heirs.

The heirs can take out the death certificate, notarial certificate and other legal documents. If the card is missing or the password is not known, they can be taken out.

Note that you must first obtain legal documents. Yes, notarization requires payment. Yes, only heirs can get it. Yes, no one else can.

Therefore, whether the bank wants to recover the loan or the heirs want to get back the deposit, they must go through legal channels. Without legal documents, everyone cannot mess around, and the expenses incurred during the period are also borne by each of them.

A netizen said: If the bank loan borrower dies, I have no doubt that he can continue to repay the money if he has a son. But after someone dies, why is it so difficult for heirs to get bank deposits? Can you give us a reasonable explanation...

Many people think that "the father's debt must be repaid by the son, as a matter of course", but this has no legal basis.

Some people also believe that "debts are canceled after death", which also has no legal basis.

According to Article 213 of the "General Principles of the Civil Law": "After the death of a citizen who is subject to execution, his estate shall pay off his debts." In other words, after the death of the debtor, he shall Use your inheritance to pay off debts. < /p>

This legal provision has two meanings:

First, if children enjoy the right to inherit their parents’ inheritance, they have the obligation to repay debts; otherwise, they have no obligation to repay debts.

Second, children have the right to inherit their parents’ inheritance. When repaying debts, the value of the inheritance is limited. If the debt exceeds the value of the inheritance, the children have no obligation to repay.

So to put it simply and straightforwardly, no matter how much money is owed to the bank, it will be repaid with the inheritance, but the amount of repayment is only limited to the value of the inheritance. If the debt is more than the inheritance, the excess will No need to pay it back.

This is usually how banks handle it. If the money owed by the deceased to the bank is a loan obtained through mortgage, and there is indeed no source of repayment after the death of the lender, The bank will repay the bank loan through the people's court auctioning the loan mortgagor's collateral;

Only when the collateral is disposed of and realized is not enough to repay the principal and interest of the bank loan, the bank will cause bad debt losses, which is usually not the case. This happens because the bank's collateral when lending is usually appraised lower than the original value of the lender's fixed assets. For example, a house mortgage can generally only issue a loan based on 70% of the appraised value of the house. Of course, if the lender colludes with the appraisal company, or colludes with the bank and the appraisal company to overestimate the lender's appraisal price, it may happen that the collateral is insufficient to repay the bank loan.

Taking a house as an example, if the borrower’s house was originally worth only 1 million yuan, but was appraised by the appraisal company for 2 million yuan, and the result was a loan of 1.4 million yuan from the bank; if One day when the lender dies and disposes of the house, the bank will lose 400,000 yuan, causing the bank to have 400,000 yuan in bad debts.

At the same time, if the lender's loan is guaranteed by someone, after the death of the lender, the bank can find a guarantor to repay the bank loan, and the guarantor becomes the natural debt bearer of the lender; of course, if the guarantor If the business fails and loses the ability to repay, or the guarantor dies, the bank's loan will basically cause losses, but this probability is extremely low.

In another situation, if the lender's loan is a credit loan and the lender dies, the bank can also apply to the People's Court to request debt recovery from the family members of the lender, but this Often there will be strong resistance or opposition from family members, and it will be difficult for the bank to safeguard its legitimate rights and interests. In this case, it will lead to the loss of the bank's creditor's rights.

Friends, in short, banks will try their best to protect their legitimate rights and interests. There are many ways, and usually the possibility of losses is small. I don’t know if my answer can clear up your doubts. If you are interested, we can discuss it separately. I wish you all the best in life!

The boss of a domestic real estate group borrowed 18 million from the bank, and the annual interest alone was as high as 2.3 million. In the end, the company failed due to poor management, and he died unexpectedly. So, does he not have to repay the 18 million he owed to the bank? Already?

Paying back debts is a matter of course. From ancient times to the present, this is a constant principle that never changes.

The city I live in is a third-tier city. A certain real estate group is one of the top real estate leaders in our area. Because it wanted to contract the construction of a private school, the company had too many construction sites at that time and could not get it all at once. There was so much cash, so the company boss went to the bank to get a mortgage loan.

In the end, unexpectedly, the government announced that the construction of this school would be stopped. That year was also the most difficult year for the real estate industry. Not long after, the capital chain was broken, and the real estate company went bankrupt due to poor management.

In addition to the 18 million owed to the bank, there are many other arrears, up to about 300 million.

The overly excited boss suddenly suffered a cerebral hemorrhage and died unfortunately. However, the 18 million he owed the bank did not become a bad debt for a long time. Even if he owed the bank ten yuan, it would eventually become a bad debt. Hundreds, thousands, tens of thousands.

As an account manager of a bank, I will answer this question from a professional perspective.

In real life, many business friends need a large amount of funds to advance. If they don’t have funds for a long time, they go to the bank to borrow money. In order to alleviate the difficulty of capital turnover, if they borrow money from the bank, they will have to charge A certain amount of interest.

① For a short-term loan, or a one-year loan period, the annual interest rate of the loan is 4.35%.

②. For medium- and long-term loans within five years, the annual interest rate of his loan will be 4.75%.

③ For a long-term loan of more than five years, the annual interest rate of the loan is 4.90%.

The above is only the loan interest rate announced by the central bank in 2020. These are mainly commercial loans. The interest rate is determined based on the term of your loan, but this is only the basic interest rate. Many banks will repay at this interest rate. It needs to be adjusted upward, so the larger the loan amount and the longer the loan period, the higher the interest rate will be.

Calculation method: 18 million (ten thousand) * 6.5% (interest rate) * 2 (year) 2,340,000 (yuan).

Therefore, we have to pay back 1.17 million yuan a year, which is nearly 100,000 yuan per month on average.

The monthly repayment and interest alone are nearly 100,000 yuan. One month alone is enough for an ordinary worker to earn a year without food or drink.

So from this point alone, we can see that banks earn a certain interest rate difference by lending money to people in need, and the profits are very generous. No wonder some bank employees open 200,000 to 300,000 yuan every day car to go to work.

If you are like this boss and owe the bank 18 million, or hundreds of thousands, what will you do after you die?

Take us ordinary people as an example. When we go to a bank to make a deposit, we not only have to look at the interest rate, but also the strength of the bank. Is it safe to deposit my money in the bank? Instead, you have to go to the bank for a large loan. The bank will definitely not lend it to you easily.

Instead, there are layers of investigation and layer-by-layer review. You have to borrow hundreds of thousands or even millions from the bank, and you also need to mortgage the amount in the bank, which exceeds the amount of your loan.

For example, if I take two properties in my name worth 1.8 million and use them as bank mortgages, then the bank will lend you about 16.7 million.

Your mortgage assets must be higher than the principal amount of your loan, and even interest must be included.

Boss Zhang, because the company is short of funds, he mortgaged a 12 million luxury villa under his name to the bank. When the bank confirms after various investigations that the house is a legitimate asset, then the bank will He happily lends you 10 million, so his loan will never exceed the value of your mortgage.

Banks will not make losses.

So it is not as simple as you think to borrow a large deposit from a bank. What will the bank do if a person who borrows a large deposit dies?

Like usual credit cards and small loans, you rely on your own credit report to get a loan. As long as there are no problems with your credit report, the bank will lend you money. If you don’t pay back, your personal credit report will There will be problems, and you will be put on the list of dishonest people.

If it is like some small loans that do not require collateral, such as when the person holding the credit card dies, the bank will not ask for the money from your family.

Because the law does not allow debts to be owed, who will pay back the borrowed money? Who are you looking for? If this person dies, then the account will become a bad debt and an irrecoverable account, but there will always be a stub in the bank.

As long as those large loans cannot be repaid, or the lender dies, then the real estate, car properties, stock funds, etc. that they mortgaged with the bank will be legally certified by the bank. way to auction.

The auction money is used to repay the money owed to the bank and borrow money, and the interest accrued in actual time.

As for the extra money, the bank will return it to your family, but you must not lose a penny from the bank, and the bank will not ask you for a penny more.

When I was working in a bank, I did encounter this situation. One of our local supermarket owners borrowed 1.8 million from our bank because of financial constraints, and used his two supermarkets as collateral assets.

When purchasing goods again, the boss unfortunately passed away due to a car accident, so the money could not be repaid normally. Under normal circumstances, the bank will notify the family members to try to repay the money on time if they have money.

Then the bank will auction the assets that the boss has mortgaged in the bank to repay the loan. Remember that after paying off the loan, there will be an extra 800,000. In the end, our bank will return a lot of it to Family members of the deceased.

So don’t think that you owe money on your credit card, have no mortgage, and don’t answer the bank’s phone calls. What will happen if the bank doesn’t take care of you over time? But don't take chances and owe the bank money. If it is overdue every time, the interest will be calculated for you according to the interest rate of the period. If you don't pay it back for a day, the interest will be compounded every day. It's like raising pigs in March until the twelfth month, and then killing the pigs. Eat meat.

Once the bank is ready to collect this bad debt, none of you can escape the money owed to the bank.

So don’t think that nothing will happen if you don’t repay it. If the person who borrowed the money dies, his assets will be auctioned, because according to the law, this is legal.

After all, it is only natural to pay back debts.

So even if the person who owes the bank dies, as long as there are mortgage assets in the bank, the bank will auction her mortgage assets to repay the money.

Don’t imagine that banks are so chaotic. Everything is done in accordance with regulations. These regulations will be explained to you in detail before you borrow money. If you don’t have the ability to repay, don’t borrow. , if there is, then you can borrow it. Everything has two sides, it depends on how you use it? So everyone should treat it rationally.

(Thank you friends for watching and supporting).

I often meet some friends who ask: Banks lend money to so many people. If someone owes the bank a lot of money and suddenly dies, what will happen to the money he owes the bank?

When encountering such a problem, the essence of the problem is actually that if the person who made the loan dies, will the money owed to the bank not be repaid?

First, the basic principle of the market economy is the principle of credit

The market economy is a credit economy, and the basis of the market economy is the social credit order, which is our ancient saying: "Debts must be repaid." Money is a matter of course." In the early days of the market economy, the credit foundation was destroyed, and people refused to pay back the money they owed. This idea still exists among some people. So some people go to banks to borrow money, some people go to Internet lending platforms to borrow money, and some people even borrow money from friends and relatives just because they don’t want to pay it back. So there is a saying: The grandfather who is in debt is the one who wants money. child. However, in recent years, with the establishment of a credit society in our country, those who fail to repay debts have been punished and criticized from the perspective of law and public opinion. Therefore, people hope that the money they owe will not be repaid has become increasingly condemned by people.

Therefore, the conclusion must be: if the money owed to the bank dies, it will not be wiped out as people imagine, and the money that should be repaid will still have to be repaid.

Second, you have to be able to get a lot of money from the bank.

People often ask, why don’t banks provide loans? You have money and I need it, why don’t banks lend me money? Some people also think that bank loan review is too strict, so it is difficult to get a loan in the bank. All these show that it is not easy to get a large loan from a bank. So the premise of this question is that you must be able to get a large loan from the bank, because the bank will strictly review the loan application. There are several conditions for getting a lot of loans from banks: First, you must have enough reasonable reasons for using the money. Bank loans must review the purpose of the loan. Only reasonable loan purposes can be used for loans, so your loan purpose must be recognized by the bank; Second, if you are an individual business borrowing from a bank, in addition to the purpose of the loan, it also depends on the operating conditions of your business, especially the source of repayment, future cash flow, and mortgage guarantee measures. If these conditions are met, even if the person who took the loan dies. , your loan will also have repayment capabilities and sources.

Third, if something unexpected happens to the lender, how will the loan be repaid?

Although the debt cannot be wiped out by death, it will not be like what we used to say: "Father's debt must be repaid by son." So what if we deal with it?

First, if the loan is mortgaged, the mortgaged property can be disposed of. If there is a surplus after the mortgaged property is disposed of, the remaining balance must be returned to the heirs; if the repayment is insufficient, the disposition of the estate will still be looked at.

Second, if there is a legacy, the bank loan must be repaid first. If there is any balance, it must still be returned to the heirs. If the repayment is insufficient, the debt can be eliminated.

Third, if it is a secured loan, there are two ways to dispose of it. You can ask the guarantor to repay the loan and then the guarantor can recover from the heirs; you can also dispose of the estate first, and then ask the guarantor if the repayment is insufficient. recovery.

For those who need to explain, if the lender has unknown large amounts of funds or transfers funds, and if someone transfers assets maliciously, the bank can sue to recover the whereabouts of the funds. If it is finally proven that the transfer was malicious Property is not only recovered through judicial recovery, but may also be suspected of financial fraud and subject to legal sanctions.

Loans are risky, so be cautious when lending. Strictly protecting one's own integrity and being honest are the principles that each of us should abide by. I am a cultural commentator, focusing on banking for thirty years, and financial analysis and commentary

I happened to see this problem this year. My uncle's son died suddenly this year. After his death, his family found out that he owed 30,000 to 40,000 yuan. The credit card, and the bank didn’t even call my family, so it should be a dead end.

But after checking, it seems that it depends on whether the money was spent by himself, but he is already thirty-three years old, and the borrowed money must have been used for his own expenses, so the bank did not let his relatives Repayment.

If you owe the bank a lot of money and die, then your own civil subject qualifications will be eliminated, and all your rights and obligations will be reset to zero. Once it is settled, there will be no need to worry about anything, but the bank will never If he gives up, he will use various methods to get his money back.

1. Use collateral to repay the loan first.

Nowadays, when you get a huge loan from a bank, you usually need to use real estate as collateral. If you cannot repay the money when it is due, people can directly sue you to the court and ask for repayment. If you can't repay, the bank can ask for the mortgage to be auctioned. For real estate, the proceeds from the auction will be used to repay the loan first.

If you are gone, the house is still there, and the debt is still there, but you don’t have to worry about it anymore. No matter who inherits the house, first pay back the money from the bank, and the remaining heirs will inherit it.

2. The spouse repays the money (bank loans generally require the signature of both spouses)

If this loan was borrowed during your marriage, and the money is indeed used for your husband and wife If both spouses live together, then the loan is a joint debt of the husband and wife. Both spouses have joint and several liability for repayment, and they must repay it even if they get divorced. After your death, the bank can of course require your spouse to repay the loan on the grounds of joint debt.

3. Repayment by heirs

(1) If you leave an inheritance after your death, and your heirs inherit the inheritance, then according to the law, the inheritance must first Repay debts within the scope of inheritance.

(2) If there is no inheritance after death, there is no saying in China that the father's debt must be repaid by the son, and the bank has no right to ask any of your relatives for money. In this case Under the circumstances, everything will be destroyed when a person dies, and the bank can only consider itself unlucky!

As a person, you should properly handle your debts and other matters before your death, and do not leave too much trouble for your living relatives. Of course, the elimination of creditor's rights and debts after death is also a way of relief, otherwise many people who owe money would be confused.

I heard a true story told by the president of a county bank: A farmer who received a loan of 100,000 from their bank fell ill and died. The account was closed according to the loan officer's instructions, but after a few years, The president accidentally saw this farmer alive and well on the street, and he immediately understood what was going on.