How to deal with the remaining mortgage after the death of the lender?

With the topic of "Nanning mortgage age limit can be extended to 80 years old" on the hot search, more and more people began to pay attention to the disposal of the remaining mortgage after the death of the lender. I will talk about the specific treatment methods in combination with whether there is an heir, whether there is a willingness to inherit, and whether the real estate license is obtained.

The specific operation mode is as follows:

1. The lender has an heir and the heir has the will to inherit.

If the real estate is inherited as an inheritance, the heirs need to bear the repayment responsibility within the inheritance share, and the remaining mortgage shall be borne by the heirs. After the death of the lender, the bank has the right to ask the heir to bear the responsibility within the scope of the lender's estate.

This kind of treatment is actually the simplest, which is equivalent to handling the transfer formalities and transferring the mortgage to the heir.

2. The lender has an heir, but the heir has no intention of inheriting.

According to the provisions of the Civil Law of People's Republic of China (PRC), if the heir completely abandons the inheritance, he may not bear the taxes and debts that the decedent should pay according to law.

That is to say, if the heir gives up inheriting the lender's property, the house has nothing to do with the heir and does not need to bear the corresponding taxes and fees and the remaining mortgage.

There are some things to pay attention to when giving up inheritance. According to the provisions of the Civil Law of People's Republic of China (PRC), if the heir abandons the inheritance after the inheritance begins, he shall issue a written statement of abandonment before the disposal of the estate; If there is no indication, it is regarded as accepting inheritance.

The legatee shall, within 60 days after knowing the legacy, make an indication of accepting or giving up the legacy; If it is not due, it will be deemed as abandoning the inheritance.

Therefore, if you choose to give up inheritance, you must put it forward in writing within the time limit prescribed by law.

Three. If the Lender has no heir or the heir is unable or unwilling to inherit, the treatment method is as follows:

When the lender has no heir or the heir is unable or unwilling to inherit, 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.

Secondly, if the heir gives up inheriting the property and has a real estate license, the bank will auction the house mortgaged by the lender and use the proceeds from the auction to compensate the mortgage. The insufficient part of the bank can no longer be pursued, and the excess part of the heir has no right to inherit.

If the heir abandons the inheritance of real estate, the real estate license has not been processed, and the house is disposed of by the developer. Because developers often act as a party to the guarantee responsibility relationship when lending, that is, developers need to repay bank loans for lenders.

The above are several ways to deal with the remaining mortgage after the death of the lender. The specific operation mode still needs to be combined with the actual situation, hoping to help you.