After the earthquake, the house lost its mortgage. Do I have to return it?
China's "Property Law" stipulates that houses damaged by the earthquake are no longer used as collateral. However, according to the provisions of the Contract Law, the creditor-debtor relationship between the mortgagor and the bank should continue to be performed.
1. If the collateral is damaged and the lender is missing, the bank will terminate the contractual relationship and the outstanding loan will be written off.
2. If the whereabouts of the remaining lender of the collateral are unknown and there is no heir to the collateral, the bank may recover the collateral according to law, and the uncollected loan shall be treated as bad debt.
3. If the lender of the remaining collateral is missing and the collateral has an heir, the successor shall assume the loan contract relationship and continue to repay the loan.
4. If the lender is still in the collateral and is not missing, continue to perform the loan relationship.
5. According to relevant laws, the risk of damage or loss of the house shall be borne by the seller before delivery and by the buyer after delivery; If the buyer refuses to accept the seller's written delivery notice without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the delivery date specified in the written delivery notice, unless it is otherwise stipulated by law or agreed by the parties.
What are the repayment methods of housing loans?
1, equal repayment of principal and interest
Matching principal and interest repayment is a popular repayment method at present, and it is also recommended by banks. The borrower repays the loan principal and interest with the same amount every month, that is, the total loan principal and interest are added up and evenly distributed to each month of the repayment period.
2. Repayment by average capital
The repayment method of average capital is also commonly used by banks at present, which is suitable for people with higher income at present, but who have predicted that their income will decrease in the future.
3. One-time repayment of principal and interest
One-time repayment of principal and interest actually refers to the way of early repayment. According to the regulations of the bank, if the loan term is less than one year (including one year), the principal and interest will be repaid at the maturity, and the interest will be paid off with the principal.
4. Pay interest and repay the principal on schedule.
If the buyers choose to repay the principal and interest on schedule, they need to negotiate with the bank to make different repayment time units for the return of the loan principal and interest.
The above content mainly describes whether I should return the house if there is no mortgage after the earthquake. What are the specific repayment methods of housing loans? If the earthquake affects the housing itself, in fact, the housing loan will change accordingly, and sometimes there is no need to repay it. However, if the situation is different, I still hope you can investigate in some aspects. After all, this is insurance.