How to deal with the loan when the lender of rural credit cooperatives dies;

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.

Without any third party guarantee:

(1) If the borrower chooses the mortgage loan method, then when the overdue time reaches about half a year, the lending institution will generally file a house auction lawsuit, and the proceeds from the auction will be used to pay off debts first;

(2) If the family member of the deceased repays the loan on his behalf, then after all the loans are paid off, his family member can go through the mortgage cancellation procedures and then keep the house.

However, if the borrower originally chooses not to provide collateral or a third party joint liability, it will be more difficult for the lending institution to recover the arrears, which will generally be treated as bad debts.

Debt means that in the legal relationship of debt, the debtor has the obligation to do or not do something to the creditor. For example, in the sales contract, the seller has the obligation to deliver the goods sold to the buyer, which is a debt to a certain behavior.

Determination of debt.

1. If the borrower dies, the bank requires the execution of collateral for repayment. If the value of the collateral is insufficient, or the collateral disappears due to force majeure, the applicant guarantor shall bear joint and several liability for guarantee.

2. If it is a credit loan without collateral. After the borrower died, the bank demanded that the borrower's estate be sold and repaid. If the borrower has no inheritance, or the inheritance cannot be sold. Then ask the heir to repay.

3. If the borrower is dormant account. Without an inheritance, the second loan becomes a bad debt. There is no need to pay it back, but the account will always exist.

What about the loan when the lender dies?

What if someone dies and owes a loan?

I have been engaged in bank credit for more than ten years. In your case, it is meaningless for the bank to pursue the payment again. First of all, according to the guarantee law, the bank has exceeded the limitation of action and the responsibility has been borne by the bank itself. Secondly, if the lender dies, the personal credit loan will not be pursued by others, and the mortgage will be disposed of with the house, but there is nothing the bank can do in this case. Live a normal life. This is completely legal.

What about the borrower's death loan?

If there is no heir or the heir gives up inheritance, then the borrower's debt will go with everyone and it will be over!

For example, a terminally ill patient who is about to end his life borrows a sum of money to see a doctor through an online platform? Forget it. I understand everything. In this case, the loan is basically released and can't be recovered!

What about bank loans when people die?

There is no provision for children's repayment in the Inheritance Law. Article 33 An estate shall pay off the taxes and debts payable by the decedent according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. If the heir renounces inheritance, he may not bear the taxes and debts that the decedent should pay according to law. Article 34 The execution of a legacy shall not prevent the legator from paying off taxes and debts according to law. It can be seen that the bank loan of the person who went is repaid with his own property, and if there is a guarantee, it can be repaid by the guarantor.

What about the bank loan after the lender dies?

As long as the loan relationship exists and the debtor dies, creditors can still declare their claims according to law.

1, recover from the spouse of the deceased. Interpretation of the Supreme People on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 26 If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the debts incurred during the marriage relationship. If you don't know that there is an agreement between the deceased and the spouse, and the property belongs to each other during the marriage, you can ask the spouse of the deceased to pay. 2, the debt owed by the deceased, in principle, should be repaid from the deceased's estate. While inheriting the estate of the deceased, the heirs also have the obligation to pay off the debts. Unless the heir renounces the right of inheritance, the debts of the deceased before his death shall be paid off by other heirs. Therefore, it is also possible to require the heirs and family members of the deceased to pay off the debts of the deceased within the scope of the inherited property. 3. If others are willing to pay back, who will?

The lender is dead. What should I do with the bank loan I owe?

The chapter of inheritance law says that the decedent died without a will, and the decedent's estate was inherited by the legal heir. His heirs are obliged to pay off the decedent's debts with the estate first, but when you say that there is no estate, you ask the legal heir or guarantor to pay off jointly and severally, but the law is also human. Considering the heir's family situation, the bank is responsible ... With the guarantor, of course, it is joint and several liability. Guarantee originally refers to a guarantee method in which a third party guarantees the creditor, and when the debtor fails to perform or cannot perform, the third party is responsible for performing all or part of the debt. The guarantee provided by the guarantor is the guarantee of the credit guarantor. ...

What about the lender's death guarantor?

1. Whether the guarantor "moved his hand" at that time is a subjective statement, which is difficult to prove, so it is difficult to be excused. Unless there is strong evidence that the contract was signed under the condition of "no capacity for civil conduct" or "cheated".

2. Who does the bank ask for money depends on the type of guarantee responsibility of the guarantor. Is it general guarantee or joint guarantee? No matter what kind of guarantee responsibility, banks are free to choose to ask the lender's wife or guarantor for money.

3. If it is a general guarantee, the bank requires the guarantor to repay, and the guarantor enjoys the right of defense. In other words, the guarantor can refuse to repay. Please enforce the lender's collateral first, and if the collateral is not enough to pay off the debt, then claim the responsibility from the guarantor. (However, if the lender's collateral is real estate, and the real estate is its only house, it cannot be easily disposed of, resulting in the displacement of the other party, unless the bank arranges accommodation for its family. )

4. If it is a joint and several liability guarantee, the debtor refuses to repay it, and the bank requires the guarantor to repay it. The guarantor must repay it unconditionally, but he has the right to recover from the debtor after repayment.

The daughter of the guarantor guarantees the lender's brother and the guarantor guarantees the lender are two different things.

6. As far as the guarantor's daughter guarantees the lender's brother, unless the guarantor agrees and the guarantor repays in advance, the woman may not unilaterally terminate the contract. Ensure that the responsibility can be relieved.

I hope this information can help you.

What about the bank loan when the lender dies?

It shall be borne by the guarantor and heir within the scope of the inherited property. If the loan is used for family use, it shall be borne by the joint property of husband and wife. Of course, the guarantee depends on whether it is general guarantee or joint guarantee.

What if the bank lender dies?

If the lender dies, it needs to be repaid by the guarantor or family of the borrower. After paying off the loan, he will cancel the account locally.

What if the lender dies suddenly?

Two years ago, my uncle borrowed 2 million from the credit union through connections. Take my uncle's house in the city as collateral. During the period, due to poor business, 18 months did not pay interest. My uncle also received a book from the bank before the Chinese New Year. Ask for an auction of the house and try to repay the loan. Soon my uncle died unexpectedly. Afterwards, my cousin discussed with the relevant person of the bank, and the other party asked to pay off all the interest within one month before the lending. But within a month, my cousin didn't raise enough money to return it to the bank. Now the bank will auction the house. My uncle died unexpectedly. Who should pay back the previous loan? My uncle's mother is still alive and has three sons. If you can't repay the loan and interest, do you have to auction Uncle Zhen's house? This is uncle's only house. Everything about the loan was handled by my uncle himself. Even my aunt doesn't know who the guarantor is. I only remember that the first column of the contract is my uncle's signature. The second column was signed by my aunt.

What should I do if the lender dies and the loan is not repaid?

There are three situations in which the borrower dies, as follows: 1. Natural person 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. 2. In the absence of any third-party guarantee, if 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 for house auction, and the proceeds from the auction will be used to pay off debts first. Of course, if the family members of the missing person repay the loan on their behalf, then after the loan is fully paid off, their family members can go through the formalities of mortgage cancellation registration and then keep the house. 3. If the borrower chooses not to provide collateral or third-party joint liability, the loan need not be repaid.

Do I have to pay back my credit card and loan when I die?

Credit cards and loans owed by the dead need to be repaid. Because there is an heir after death, after inheriting the deceased's estate, all the debts of the deceased need to be borne by the heir. If no one inherits or the heirs give up inheritance, the bank will liquidate the bank assets of the deceased at this time. If it is not enough to repay the debt, it can only be treated as a bad debt. If there is a guarantor, if the lender dies, the guarantor has the responsibility to repay.

Extended data

1. Should I cancel my bank card if someone dies?

You don't have to cancel, but you'd better take out the money. After a person dies, the bank card will not be automatically cancelled. Relatives of the deceased are required to carry relevant certificates and go through cancellation procedures with the bank. If you don't want to cancel, you can continue to use your bank card. Because the bank has no way to know whether the cardholder is dead, it will not automatically cancel the card. If you want to cancel the card, relatives need to bring the cardholder's death certificate, ID card and household registration book before death, and proof of relationship with the cardholder to apply for card cancellation at the bank counter.

Second, how to get a time deposit when a person dies?

To withdraw a dead time deposit, you need to operate according to the actual situation:

1. Know the passbook password and the deposit amount does not exceed 50,000 yuan:

If the deceased tells his family the password of the passbook before his death, and the deposit amount is less than 50,000 yuan, the family only needs to bring the deceased's ID card and my ID card and directly input the password to the bank to withdraw money.

2. I don't know the passbook password:

The deceased did not inform his family of the passbook password before his death. Family members need to go to the notary office to prove their relationship, and then go to the public security organ to apply for a death certificate. Family members can only take the relationship certificate and death certificate after reporting the loss to the bank.

3. The withdrawal amount exceeds 50,000 yuan:

If the withdrawal amount exceeds 50,000 yuan, even if the family members know the password of the passbook, they must bring the relationship certificate and the death certificate to the bank, and they can only withdraw money after verification by the bank staff.

What will the bank do if the borrower dies?

1, you can recover from the spouse of the deceased. Interpretation of the Supreme People on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 26: If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the debts incurred during the marriage relationship. If you don't know that there is an agreement between the deceased and the spouse, and the property belongs to each other during the marriage, you can ask the spouse of the deceased to pay.

2. The debts owed by the deceased should be repaid from the deceased's estate in principle. While inheriting the estate of the deceased, the heirs also have the obligation to pay off the debts. Unless the heir renounces the right of inheritance, the debts of the deceased before his death shall be paid off by other heirs.

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I. Precautions for Loan Bank Card

1. Because the bound bank card bears the responsibility of repayment, you must look at the banking institution designated by the lending institution clearly to avoid the failure of withdrawal due to the wrong card binding.

2. Try to choose common cards for bank cards to avoid freezing, loss reporting, expiration, dormancy, sleep, locking and card withdrawal, which will also lead to loan withdrawal failure.

3. The bank that the lending institution cooperates with may change. If the bank card is invalid, you need to log in to the background in time to modify the bank card information.

Second, the consequences of bank loans overdue.

1, resulting in penalty interest.

The regulations of each lending institution are different. As long as it is overdue, there will be a penalty interest, that is, a certain percentage of interest will be added on the basis of the original interest. The longer the time, the higher the cost.

2. Take collection measures

If it is overdue for a long time, lending institutions will send staff to collect it, while financial institutions generally will not adopt violent collection methods, but it will also have a certain impact on personal life. It is recommended to repay as soon as possible.

3. Affect credit

As long as the lending institution accesses the credit information, it will leave a bad record after the deadline. If the circumstances are serious, it will not only be included in the list of untrustworthy people, but also affect many businesses in the future, and even be restricted from leaving the country and not being able to take planes or high-speed trains.

4. It depends on the tolerance period of the lending institution.

At present, most lending institutions consider from the perspective of humanization, one is to avoid hurting customers' face, and the other is to recover debts. Generally, a grace period of 3-5 days will be given, and some bad records will be recorded after the grace period. Some lending institutions will clearly tell lenders that there is a tolerance period for repayment, while some lending institutions have not clearly stated that there is a loan tolerance period. When loans overdue exceeds the tolerance period, it will be credited. Therefore, how long it takes loans overdue to grant credit depends on the tolerance period of lending institutions.