There will be no reduction.
When a creditor dies, the heir shall inherit his creditor's rights. Interest cannot be waived unless the heir waives it.
Although the bank is nepotism, it does bring us a lot of convenience. And we often hear that many bank loans can't be collected, and eventually become bad debts and dormant accounts. The reason is that there are various objects and types of bank loans, which are mainly divided into the following two types:
1. Do you want to buy insurance?
Bank credit cards, loans and Alipay's flower shops, loan shops and other businesses are very profitable. Even if there are a large number of old lai and black credit households in the market, they still choose to lend as much as possible. For some people with average qualifications and poor conditions, such as the elderly with low repayment possibility and poor physical fitness, banks will buy insurance for lenders of each loan business, such as Huaxia Bank and Bank of Communications. The loan contract clearly stated that if a credit card or lender has a security accident, it will not affect family and friends, and the bank will directly reduce or cancel the debt, and the losses will be borne by the insurance company and the bank.
This may also be the reason why many business owners who failed to start a business and were heavily in debt finally chose to jump off the building.
Second, look at the loan type.
There are many kinds of bank loans, such as mortgage loans, secured loans, credit loans and so on.
1, mortgage loan
As the name implies, mortgage is to exchange fixed property for working capital, such as houses, cars, land, companies, cruise ships, antiques and other physical and virtual property. Once the lender suddenly runs away or dies, the bank will collect the collateral promised by the lender. If the lender's family refuses, the bank will appeal for compulsory recovery.
2. Guaranteed loan
Some loans need to fill in the guarantor, such as private loans and campus loans need to fill in the contact information and address information of relatives and friends. Once the lender is unable to repay the loan, the bank will ask the corresponding guarantor for repayment. Some lenders and lending institutions with campus loans will not even inform the guarantor, and the guarantor will naturally try to avoid repayment and delay repayment, so there will be many dormant accounts.
3. Credit loan
This is also the most commonly used loan type for low-and middle-income people. Lenders fill in their work, life and consumption information according to the bank's process, and the bank will also comprehensively evaluate a loan amount according to the credit report. This kind of loan has no collateral and guarantor, but it has high handling fee and interest. Once the lender fails to repay the loan within the time limit or the lender dies, the bank will recover the money according to law.
If the lender dies, according to the law, the heirs designated by the lender, such as wife and children, will make repayment after inheriting the inheritance, and the repayment method can be negotiated with the bank; However, if the heir is temporarily unable to inherit the estate for some reason, the bank has no right to force the heir to repay it.
This is also one of the situations in which banks still have to abide by the law because many debts cannot be collected. But if it is private, it is illegal in itself, and those lending institutions will naturally ignore the law and force the lender's family to repay.
However, many lenders who died suddenly have not appointed heirs, or have no children, and can't find heirs according to the law. Then the bank can apply to directly use the lender's personal property to offset the arrears. If the personal property is not enough to offset the arrears and there is no guarantor, it will become a dormant account.
In fact, the insurance industry is very developed now, and there are all kinds of insurance. If the lender estimates that he can't afford the loan, he can buy an insurance policy. The amount that insurance can offset is directly proportional to the amount spent, and it can also reduce the repayment pressure.
Another very common situation is that many people now have one or more safety accident insurance policies, and most of them are between 200,000 and 5 million yuan, so as long as your loan is not astronomical, the cash you get from the insurance after the accident is enough to offset the arrears.
What about the loan if someone dies?
After death, bank loans will not disappear for no reason, but also need to be repaid.
If you have deposits or other assets in the bank, they will be frozen by the bank and directly used to deduct the loans owed to the bank. If it is not enough to repay the bank's loan, the bank will recover it from his assets, which is stipulated by law, so the statement that a person dies and sells debts cannot be supported by law.
Although the man is gone, his assets are still there. The bank will come and ask for compensation from the assets he left behind, which is also supported. If his assets have been inherited, he should also recover from the heirs. If its assets can't repay the bank loan, then the bank can only recognize it, and it becomes a bad debt, which is written off within the bank. Will not ask their loved ones to repay.
Generally, when applying for a loan from a bank, collateral will be provided. If the loan is not paid, the bank will auction the collateral, and the proceeds from the auction will give priority to repaying the bank loan. However, there is no collateral for credit loans. If a person dies or the loan has not yet gone to the bank, there is no collateral to auction, but the loan still needs to be repaid, and other assets of the borrower need to be auctioned to repay the debt.
According to Article 2 13 of the General Principles of Civil Law: "After the death of the executed citizen, the debt shall be paid off with his legacy." In other words, after the debtor dies, the debt should be paid off with his legacy.
According to Article 33 of the Inheritance Law: "Inheritance shall pay off the taxes and debts payable by the decedent, and the payment of taxes and debts shall be limited to the actual value of the estate." This law has two meanings. First, children have the right to inherit their parents' inheritance, so they have the obligation to repay their debts; Otherwise, they have no obligation to repay their debts. Second, children have the right to inherit their parents' inheritance. When repaying debts, it is limited to the value of the estate. If the debt exceeds the value of the estate, the children are not obliged to pay it back.
If the borrower dies, will the loan be repaid?
I want to return it.
First, the heir has the obligation to repay.
Generally speaking, the threshold of bank loans is high, and it is difficult for the elderly to apply for loans in banks. Whether it is natural death or accidental death, borrowers generally have heirs.
According to the law, the heirs of the borrower's estate are obliged to repay the borrower's outstanding debts.
Therefore, the money owed to the bank must be paid back. It's not that a person dies and the debt is lifted, but that the heir pays it.
For example, if a parent borrows money from a bank and dies before paying it back, it should be repaid by the child, because after inheriting his parents' inheritance, he has the obligation to repay it.
Second, the guarantor has the obligation to repay.
In addition, I want to remind you that there is another situation. If your friend borrows money from the bank, you sign as a guarantor. If your friend dies, you are also responsible for repayment.
Third, what should I do alone?
If the borrower has no heir or guarantor, then the bank will use the borrower's inheritance to repay the debt.
What if the inheritance is not enough to repay? That bank can only deal with bad debts and has no way out.
The borrower's relatives and friends have no repayment obligation, and only the legal heirs are liable for the debt.
To sum up, people can't get rid of debts. After all, the debt is in arrears and must be repaid. Heirs should make clear their debts in time so as not to affect their personal credit. If the circumstances are serious, they will be included in the list of people who have lost their trust, which will affect their travel and their children's schooling.
Loans in China are generally divided into two types, one is commercial loans, and the other is private loans. Although provident fund loans are also loan types in China, they have not been widely used because of their limitations. If the lender is married, when the lender dies, the spouse shall bear the lender's debts. Spouses may feel unfair, but there is nothing unfair about it. According to the provisions of the Marriage Law of the People's Republic of China, husband and wife's property belongs to the same property, and husband and wife's debt belongs to the same debt. In other words, husband and wife should share joys and sorrows.
If the borrower has divorced before his life, then the loan need not be repaid. Because the provisions of Article 19 of the Marriage Law of the People's Republic of China describe the duration of the marital relationship between husband and wife, that is, the debts of husband and wife belong to the same debt only if they are not divorced.
If the lender is unmarried and leaves an inheritance before his death, the successor will inherit the lender's debts and inheritance. Of course, heirs also have the right to choose. They may or may not inherit the inheritance. When they inherit, they must inherit debts. If the lender is not married and has not left any legacy before his death, the lender cannot recover the debt, because Article 33 of the Inheritance Law of People's Republic of China (PRC) clearly stipulates.
Private loans are different. Although China also has relevant restrictions on private lending, private lending is generally not implemented in accordance with relevant laws. Lenders follow the principles of "father's debt and son's compensation", "son's debt and father's compensation" and "husband's debt and wife's debt and husband's compensation" until relatives pay off the loan.
Because private lenders don't fully understand the law, they may do something illegal. Therefore, after the lender dies, it is best for relatives to pay off the loan.
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.