It is normal to deal with the mortgage house after death, but many people have not paid off the loan of the house they bought before their death. What should I do at this time? Let me take a look at the information about how to deal with the mortgaged house after death.
How to deal with mortgaged houses after death 1 1? When the mortgage lender dies, the bank has the right to ask the heir to bear the responsibility within the lender's estate. The borrower's legacy will be used to repay the loan. In the event of inheritance, the successor shall bear the repayment responsibility within the share of inheritance. According to the provisions of the inheritance law, if the heir completely abandons the inheritance, he may not bear the taxes and debts that the decedent should pay according to law.
Two, if the loan is a joint debt of husband and wife, the spouse has the obligation to repay.
Three, if the heir is unable to repay, or unwilling to repay, the loan guarantor shall bear the repayment responsibility according to law. The guarantor will bear the responsibility of repaying the bank loan, and will bear civil liability if the guarantor cannot repay it. If the bank sues, it will be more willing to sue the guarantor. If the guarantor can't repay the loan, the bank can apply for compulsory execution of the guarantor's property. The guarantor's children are not obliged to pay their debts. The loan and guarantee contracts of banks are valid, and it is necessary to distinguish whether the guarantee liability is joint guarantee or general guarantee.
What about the house mortgaged after death? Case 1: the heir inherits the property.
After the lender dies, the property is inherited by the legal heir. According to Article 33 of the Inheritance Law of People's Republic of China (PRC): "Inheritance should pay off the taxes and debts that the decedent should pay according to law. Paying taxes and paying off debts is limited to the actual value of the estate, except for the part that exceeds the actual value of the estate. " In other words, if the mortgage lender has an heir, his successor should inherit the loan debt and inheritance. The lender's legacy shall be used to repay its debts and payables. For debts that exceed the actual value of his estate, the heirs can choose whether to repay them. In other words, after the lender dies, the heir will repay his debts such as loans.
Situation 2: Give up inheriting the property.
Article 33 of China's Inheritance Law stipulates: "If the heir renounces inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law." That is to say, if the heir abandons the legacy left by the deceased, the loan debt left by the deceased will also be abandoned, and the heir does not need to repay it. However, if the mortgaged house has not yet obtained the title certificate, the property will be disposed of by the developer, and the developer also needs to repay these bank loans for the deceased because of the guarantee responsibility. If the title certificate has been completed, the bank will auction the house mortgaged by the deceased and use the auction proceeds to offset the mortgage loan. The insufficient part of the bank will not be investigated, and the excess part of the heir has no right to inherit.
Situation 3: Other special circumstances
In real life, there are many special situations. The most typical example is the collapse of houses caused by force majeure, earthquakes and floods. So in this case, do you still need to continue to pay back the money? Of course, the house is only collateral in the loan, and the existence of collateral does not affect the repayment of debts.