If the war breaks out and the house bought with the loan is bombed, do you still need to continue to repay the bank loan?

At present, many people basically apply for mortgage loans when buying a house. These loans must be repaid normally, otherwise there will be overdue and penalty interest.

If there are some extreme situations, such as the outbreak of war and the house just bought by the loan is bombed, do you still need to continue to repay the bank loan?

Judging from the scale of the war, if the scale of the war is relatively small, most of the time everyone needs to pay back the money; But if the scale of the war is relatively large, it may even blow up the banks, and of course, everyone doesn't have to pay it back!

Under normal circumstances, whether to repay the loan has nothing to do with whether the house is damaged. Some friends will say that the house has been bombed and it no longer exists, so the loan will naturally be gone, and everyone will not have to pay it back. In fact, this idea is too simple.

We should make it clear that the house and the loan are independent. When we apply for a housing loan from a bank, the loan itself is a debt relationship between us and the bank, and the house is only a mortgage guarantee measure for this debt.

According to relevant laws and regulations, debts will not disappear because of the disappearance of guarantee measures. Therefore, even if the house you just borrowed is bombed, this debt relationship between you and the bank will still exist, and you won't be unable to repay the loan just because the house is gone. This will not work.

If your house is destroyed and you refuse to repay the bank loan, it is overdue, which will lead to liquidated damages and penalty interest. The longer overdue, the more penalty interest.

If you choose to cut off the payment, the bank may take you to court at any time and ask you to repay the corresponding debt. At that time, the court may freeze your other assets to repay the bank's debts.

Of course, in reality, if there is a local war and the house you just bought is bombed, the relevant local departments will generally intervene and take corresponding measures to deal with it. There are mainly several such measures:

1, debt relief.

If the war causes more damage, such as the destruction of most houses in a city, then in this case, everyone's loans may be exempted.

2. Deferred repayment.

If the losses caused by the war are not great and only a few houses are damaged, then the local government may not introduce comprehensive debt relief measures. At most, the bank is required to postpone repayment and reduce interest during the deferred repayment period.

3. Reimbursement by the insurance company.

At present, when many banks apply for mortgage loans, they will ask for home insurance. If your house has been purchased in home insurance, the insurance company will pay off the debts after the house is damaged.

Of course, in addition to the above three situations, if your house is destroyed without a policy, you need to continue to repay, but because your house is destroyed, it means that the collateral disappears, so even if you don't repay, the bank can do nothing. He can't auction your house out of thin air, but it will affect your credit information and even be blacklisted.

If there are some large-scale wars, then the mortgage will basically not be repaid. If the war is large in scale and involves a wide range, then the whole society will be affected. Not only houses may be bombed, but even the infrastructure of the whole society, including banks, may be bombed. Then the whole society will be paralyzed and the banking system will be paralyzed. Then the bank will have no energy to investigate who can repay the loan normally.

In this large-scale war, there will be a large number of debts in arrears, because everyone is unable to repay them, so after the war, a society will basically restart, and all bad debts will basically be written off. In this context, everyone actually does not have to repay the loan.

Moreover, in the event of such a large-scale war, everyone's credit information in the central bank may be restarted, which means that the overdue information during the war will be automatically cleared, so even if there is a war, everyone can't repay, and the impact on everyone will not be too great.

This house is your mortgage in the bank. If you are unable to repay, the bank will take it back, and naturally you don't need to repay. In addition, banks are state-owned. From this perspective, it comes down to an agreement between you and the country. If the country is unable to guarantee citizens' property, and the collateral is lost due to the war, then the bank will lose its binding force because of the collateral loss, and the contract between you and the bank will naturally lose its binding force because of the collateral loss, so you don't need to repay any more, because the bank has long since ceased to exist, and even if it still exists, it is not the same bank. Moreover, the outbreak of war is beyond the control of ordinary people, and ultimately all losses can only be borne by the state.

Of course, this is only my personal opinion, and the bank will definitely take a firm attitude, but if a war really breaks out and the collateral is lost, it is not for the bank to decide.

In fact, it was brought by the flood and the house was washed away. Do you want to continue the monthly payment? In the same way, and compared with war, the probability of flood is actually higher, so do you need to continue to pay it back? The answer is yes, yes!

In fact, buying a house and lending are two independent events, and there is no direct connection; Buying a house is the behavioral relationship between everyone and developers, and mortgage is the behavioral relationship between everyone and banks. Simply put, you go to the bank to apply for a loan, and the bank lends you a sum of money, which can only be used to buy a house. After you buy a house (the relationship with the developer is settled), you take it to the bank as a guarantee measure for this loan (the relationship with the bank is not settled). Because of this, we usually sign two contracts when buying a house, one is a real estate sales contract and the other is a real estate mortgage contract.

From the above analysis, we can see that our relationship with the bank is a loan relationship, the bank is our creditor, and the house is not the bank's, but our own house. The house is just a guarantee for the bank's creditor's rights. The purpose is that when you can't repay the loan on time, the bank can make up the money you owe the bank by auctioning the house. Therefore, if the house is destroyed, the loan relationship between you and the bank will not disappear directly, but you still have to pay it back!

For you, losing your house is a great property loss; For the bank, without the mortgage of the house, the risk of the bank will become greater, because once you can't repay the loan on time, the bank has no other measures to make up for the remaining loan principal.

Under special circumstances, if the house is generally destroyed (for example, if you fail to disappear and cause a fire), it has nothing to do with the loan, but you still have to pay it back. However, under special circumstances, it may not be necessary to repay. For example, in the 2008 Wenchuan earthquake, the People's Bank of China and the China Banking Regulatory Commission issued the Emergency Notice on Doing a Good Job in the Write-off of Non-performing Loans in the Banking Industry Caused by the Wenchuan Earthquake in Sichuan. The notice requires that for borrowers who are unable to obtain insurance repayment or use insurance due to huge losses caused by the earthquake, that is, if the earthquake causes huge property losses, but the debtor cannot repay the debts due to failure to purchase insurance or insufficient insurance compensation, then the bank will treat them as bad debts and write them off. In this case, the loss will be borne by the bank itself, and your mortgage will not be repaid.

War, flood, geological disaster, etc. Are special circumstances. If a war really causes your house to be bombed, it is entirely possible that you don't need to repay the bank loan. Of course, this must be before the national policy comes down, otherwise you still have to repay on time!

When the war broke out, the house we bought with a loan was bombed. Do we still have to repay the loan owed to the bank? Let me tell you three words. When the war broke out, not only the house was blown to the ground, but the whole country was devastated and the bank didn't know where it was. What else was there? The outbreak of war is not man-made, it is a natural and man-made disaster, and it is force majeure. What do you want to return? When war breaks out, people will wander around, the government may go into exile, factories will stop working, and there will be famine in the countryside. Go back to what you want.

If a war really breaks out and the house is going to be bombed, not only will it not be returned, but as long as the government still exists, you can get free support and resettlement from the state.

According to the provisions of Article 31 and Article 36 of the Housing Loan Contract, you must repay the loan without exemption.

Article 31 Rights and obligations of Party A

Article 10 Agreement: During the mortgage period, Party A shall properly keep the collateral intact and accept the inspection of Party B at any time.

such as

If the collateral is damaged, lost or otherwise impaired, the value of the collateral shall be restored or updated in time within 30 days.

Provide other corresponding equivalent collateral recognized by Party B;

Article 36 During the performance of this contract, Party A dies (including being declared dead), is declared missing or loses the capacity for civil conduct, except for his legacy or property.

Except that the successor, legatee, guardian and property custodian of the property agree to continue to perform the loan contract signed by Party A, Party B has not obtained its creditor's rights.

When paying off debts, they have the right to request the people's court to revoke the heirs, legatees and supervisors.

Guardians and property custodians have the right to accept the house purchased by Party A.

Discount, auction and sell the house to pay off Party A's debts.

I hope my answer can help you!

China housing loan contract sample is as follows:

Personal housing loan model loan contract

In order to safeguard your interests, please read the following precautions carefully before signing this contract:

1。

The text of this contract is only applicable to the loan form in which the house purchased by the loan is mortgaged by the loan guarantee, and the seller (developer or seller) provides joint liability guarantee before the mortgage registration is completed;

2。 You already have the legal knowledge of mortgage guarantee from the bank;

3。

You have read all the terms of the contract, and you know what it means;

4。 You have guaranteed that the relevant certificates and materials submitted to the bank are true, legal and effective;

5。 You have confirmed that you have the right to sign this contract;

6。 You know the corresponding legal consequences of any fraud or breach of contract;

7。

You will sign and perform this contract in good faith based on the principle of honesty and credit;

8。 Please fill in what you need to fill in neatly with pen, brush or signature pen.

Party A (Borrower and Mortgagor):

Name and number of identity document:

Domicile:

Contact telephone number:

Postal code:

Opening financial institution:

Account number:

Party B (Lender and Mortgagee):

Domicile:

Contact telephone number:

Postal code:

Party C (guarantor, i.e. developer or house selling unit):

Domicile:

Contact telephone number:

Postal code:

Opening financial institution:

Account number:

catalogue

Chapter I General Provisions

Chapter II Loans

Chapter III Repayment

Chapter IV Loan Guarantee

Chapter V Insurance

Chapter VI Rights and Obligations

Chapter VII Modification of the Contract

Chapter VIII Liability for Breach of Contract

Chapter IX Other Agreed Matters

Chapter X Special Signing Clause

Chapter I General Principles

Article 1 Basis for signing a contract

General Principles of Civil Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), General Principles of Loans, Administrative Measures of China People's Bank on Individual Housing Loans and other laws, regulations and rules.

Article 2 Based on the principles of equality, voluntariness, honesty and credibility, all parties have reached an agreement through consultation and signed this contract, and promised to strictly perform it.

Article 3 This contract includes loans, mortgages and guarantees. Chapter II Loans

Article 4 Purpose of loan

See Article 46 of the Contract.

Article 5 loan amount

See Article 47 of the Contract.

Article 6 Term of loan

See Article 48 of the Contract.

Article 7 Loan interest rate

See Article 49 of the Contract.

During the loan term, when the national legal interest rate is adjusted, the loan interest rate under this contract will be implemented according to the corresponding term grade interest rate 1 from next year. However, if the loan term is within 1 year (including 1 year), the contract interest rate shall be implemented. If the legal interest rate is adjusted, the contract interest rate shall not be adjusted.

When the national legal interest rate is adjusted, Party B has the obligation to directly implement the relevant regulations of the People's Bank of China without further notice to Party A. ..

Article 8 Appropriation methods

Party A and Party B agree to adopt a special transfer method, that is, Party B directly transfers the loan money to the deposit account opened by Party C in Party B. ..

See Article 50 of the Contract for the account name and account number. Chapter III Repayment

Article 9 Repayment principle

If the loan term is within 1 year (including 1 year), the principal and interest shall be repaid in one lump sum.

If the loan term exceeds 1 year, Party A shall repay the loan principal and interest from the month following the loan issuance. Repay the loan principal and interest once a month during the repayment period, and the last repayment shall be made no later than the expiration date of this contract.

Party A and Party B agree to follow the principle of paying interest first, then paying the principal, and paying interest with the principal. Party A's repayment shall be recorded in the order of "interest owed in the previous period-current interest-principal".

Article 10 Total repayment period

Party A and Party B agree that Party A will repay the loan on a monthly basis and determine the total repayment period. See Article 51 of the Contract for specific agreement.

Article 11 repayment method

If the loan term of Party A is within 1 year (including 1 year), the repayment method of principal and interest shall be implemented in one lump sum.

Where the loan term of Party A exceeds 1 year, Party A and Party B agree to adopt one of the following two repayment methods. See Article 52 of the Contract for specific agreement.

1. Equal principal and interest repayment method, that is, Party A repays the loan principal and interest in equal amount every month.

Monthly repayment amount = monthly interest rate (1+ monthly interest rate) Total repayment periods (1+ monthly interest rate) Total repayment periods-1 loan principal

2. Average repayment method, that is, Party A repays the principal in equal amount every month, and the loan interest decreases with the principal month by month.

Monthly repayment amount = total repayment periods of loan principal+(loan principal-accumulated repaid principal) monthly interest rate.

Article 12 repayment method

Party A and Party B agree to adopt one of the following two repayment methods. See Article 53 of this Contract for specific agreement.

1. Entrusted deduction means that Party A entrusts Party B to directly deduct the repayment from the current deposit account opened by Party A in China Construction Bank Beijing Branch on the monthly deduction date.

A current deposit account refers to a savings card account, a credit card account and a savings passbook account. Where entrusted deduction is adopted, a Power of Attorney for Withholding Repayment shall be signed, and a special demand deposit account for repayment shall be opened at the business outlet designated by Party B. ..

If the personal account provided by Party A is frozen, deducted or changed, so that Party B cannot deduct the loan principal and interest, Party A shall promptly provide Party B with a new current deposit account for deducting the loan principal and interest.

During the loan period, if Party A needs to change the designated repayment account, it must apply to Party B days in advance, and it can only be implemented after Party B agrees to re-sign the Power of Attorney for Withholding Repayment and agree on the opening date of the new account.

2. Counter repayment means that Party A will directly go to the business counter designated by Party B for repayment in the form of cash, cheque, credit card or savings card on any working day during the repayment period.

If Party A has arrears in the previous period, it shall pay all the arrears together with the repayment amount in the current period.

Article 13 prepayment

When Party A proposes to prepay, it must submit a written application to Party B (working days before the scheduled prepayment date), and only after Party B agrees can it prepay part or all of the loan.

When Party A applies for partial repayment of the principal in advance, Party B can repay the principal and interest in advance only after verifying that Party A has not defaulted on the principal and interest and has paid off the current principal and interest.

Part of the loan principal repaid in advance must be an integer multiple of 6,543,800 yuan. Before repayment, both parties must sign a change agreement and stipulate the monthly repayment amount after Party A repays part of the loan principal in advance on the premise that the repayment period remains unchanged.

When Party A applies to pay off all the loans in advance, with the consent of Party B, it shall pay off the loan principal and interest of the current month first, and then pay off all the remaining loans.

The interest charged by Party B according to the interest rate agreed in this contract will not be adjusted due to the adjustment of repayment period and national legal interest rate.

Article 14 Extend the repayment period

During the performance of this contract, if Party A fails to repay the loan as agreed in the contract due to objective reasons, it shall apply to Party B for extending the loan term. After Party B agrees, both parties shall sign a deferred repayment agreement and go through relevant formalities such as extending the repayment term.

Party A can only apply for loan extension once. The sum of the original loan term and the extension term shall not exceed 30 years at the longest. When the original loan term and extension term reach the new interest rate term grade, the loan interest rate will be implemented according to the new term grade interest rate from the extension date, and the monthly repayment amount will be recalculated according to the loan balance, remaining term and new interest rate.

No longer adjust accrued interest. Chapter IV Loan Guarantee

Article 15 The loan guarantee under this contract is mortgage plus phased guarantee.

Mortgage plus phased guarantee means that the loan under this contract is mortgaged by the house purchased by the loan funds under this contract. Before Party A obtains the property ownership certificate of the house and completes the mortgage registration, Party C will provide joint liability guarantee.

Article 16 The effectiveness of the guarantee clauses under this contract is independent of this contract.

Article 17 Collateral

Collateral refers to the house purchased by Party A with the loan funds under this contract. See Article 54 of the Contract for details.

Article 18 the scope of mortgage guarantee

The scope of mortgage guarantee includes loan amount, interest (including penalty interest), liquidated damages and compensation payable by Party A, and expenses for Party B to realize creditor's rights (including expenses for disposing of collateral, etc.). ).

Article 19 The co-owners of the mortgaged property under this contract agree to mortgage the mortgaged property under this contract and agree to be bound by this contract. See Article 55 of the Contract.

Article 20 After obtaining the real estate license of the house purchased, Party A must immediately go through the mortgage registration formalities according to law.

The mortgage registration fee shall be borne by Party A. ..

Article 21 Term of mortgage

The mortgage guarantee period starts from the date when the purchased house obtains the house ownership certificate and completes the mortgage registration to the date when all the secured creditor's rights are paid off.

Article 22 During the mortgage period, Party A shall hand over the house ownership certificate and other relevant materials to Party B for safekeeping.

Article 23 During the mortgage period, if the value of the collateral decreases due to the actions of a third party, Party A shall deposit the damages into the account designated by Party B. There are several ways to deal with the damage:

First, pay off the loan in advance;

2. Convert it into time deposit, and the certificate of deposit is used for pledge;

Three, used to repair collateral, to restore the value of collateral.

See Article 56 of this Contract for specific agreement.

Party A shall not use the money until the borrower pays off all debts or the value of collateral is restored. The part of the mortgaged property whose value has not been reduced shall still be used as the guarantee of the creditor's rights.

Article 24 Termination of mortgage relationship

After Party A pays off all the loan principal and interest and other payables, the mortgage relationship is terminated.

After the mortgage is terminated, the parties concerned shall go through the formalities for cancellation of mortgage registration at the original registration department.

Article 25 Scope of Guarantee

The scope of guarantee includes Party A's loan principal, interest (including penalty interest), liquidated damages and compensation payable by Party A, and related expenses incurred by Party B to realize the creditor's rights.

Article 26 guarantee methods

During the guarantee period, Party C is willing to bear joint and several liabilities for Party A's debts. If Party A fails to repay the loan principal and interest or related expenses on time as agreed in this Contract, Party B has the right to require Party C to assume the guarantee responsibility for all debts, and Party C agrees that Party B directly deducts them from its deposit account. ..

Article 27 Warranty Period

The guarantee period is from the effective date of the loan contract to the date when the mortgaged house obtains the house ownership certificate, completes the property insurance and mortgage registration, and submits the house ownership certificate and other relevant materials to Party B for safekeeping.

Article 28 Where Party A and Party B agree to change the loan contract, the consent of Party C is not required, except for the following circumstances:

First, extend the loan period;

Second, increase the loan amount.

Twenty-ninth during the guarantee period, in case of the legitimate interests of the state

There are several possibilities for the answer to this question:

First, there is no need to repay the bank loan. Because war is a national act, not an individual act. Only countries can declare war on foreign countries.

The state may compensate the civilians for the losses caused by the war. For example, exempting bank loans.

Of course, you can also cancel all bank loans and then give corresponding compensation.

At present, the lack of specific legal provisions in this regard is only a possibility.

There is even the possibility of compensation from the other country.

However, in any case, civilians will suffer in the war.

Judging from the situation in Iraq, it seems that the local people have not been compensated.

Secondly, we must repay the bank loan. If the damage to the house is small, the state is likely to be responsible for the maintenance or give some compensation, but the loan from commercial banks cannot be reduced.

At present, we have not seen any specific and detailed laws of war, which make specific provisions on this piece.

However, the trend of governing the country according to law will not change. I believe that relevant laws will be promulgated soon, and there will be specific provisions in this regard, which will also facilitate banks and individuals to learn and understand.

After all, the risk of war has not been reduced to zero, and there are still some people and forces overseas who always doubt hostility.

In short, there is no need to worry about the state. Everyone is responsible for the prosperity of the country. National defense is everyone's responsibility. Only by building a strong national defense can we avoid foreign aggression.

Look at Syria and Iraq, and you will know why we should be patriotic and united.

As far as the destruction of civil facilities by war is concerned, ordinary people don't have to worry, just do their job well. Dedication is patriotism and strength.

Where the country is, individuals will be there.

Most people's houses are purchased by loans, and the loan period is mostly 20 -30 years. Under such a long loan period, no one can guarantee that there will be no unexpected circumstances, such as the extreme event that the property was destroyed because of the war.

Under normal circumstances, the relationship between the bank and the lender is that between the creditor and the debtor, and the real estate is only used as collateral to ensure the debtor's normal repayment obligations; That is to say, in theory, no matter whether the value of the property is rising or falling, whether the property is well preserved or damaged, the debtor must fulfill the repayment obligation, and the loss of the mortgaged property cannot be used as a trigger to stop fulfilling the repayment obligation.

However, assuming that the real estate damage caused by the war really occurs, from the national level, the resulting losses will not be completely borne by the debtor, which is determined by the wartime thinking of "humanistic care".

Let's analyze one by one:

First of all, local small-scale conflicts caused a small number of houses to be damaged, and the degree of damage was not great;

According to the loan contract and guarantee contract, no matter whether the property is damaged by uncontrollable factors such as natural disasters and wars, the borrower cannot stop repayment because of this, and the bank still has the right to recover the loan. At this time, the debtor's failure to repay on time will result in late payment fees such as overdue interest, and the resulting bad repayment records will also be reported to PBOC credit information system.

Small-scale conflicts have little impact. Generally, there will be no big compensation policy at the national and local levels, and the contract stipulates that the debtor has the obligation to keep the collateral intact. When the collateral is damaged, lost or devalued, the value of the collateral should be restored in time, or other collateral with the same value should be provided to the bank within 30 days.

Therefore, if the conflict is small, the number of people affected is small, and the damage to the house is not serious, it shall be implemented in accordance with the terms agreed in the loan contract and guarantee contract signed in advance. The debtor will continue to repay the loan, restore the mortgage value of the damaged collateral in time, and repay the mortgage loan on time. If you don't fulfill your repayment obligations on time, you will be investigated for late fees, and in serious cases, you will be blacklisted by the People's Bank of China. Until the bank sues the debtor, the debtor will also face the risk of freezing and auctioning other assets.

However, in this case, banks generally do not sit idly by, and generally introduce measures to postpone repayment, and the late payment fees generated during the period will also be exempted. During the deferred repayment period, the resulting bad records will not be recorded, and the affected customers will tide over the difficulties together.

Moreover, the scale of local conflicts is large and houses are completely destroyed. Relevant local departments will definitely introduce relevant measures to give certain compensation or debt relief measures;

The impact of this situation is still relatively large. At this time, not only the country suffers losses, but also the normal life and work of the people will be affected to varying degrees. From the perspective of stabilizing people's hearts, the measures taken by relevant local departments will include the following aspects:

1. Insurance company compensation;

When we apply for a bank loan, we are usually asked to buy home insurance in order to prevent unexpected situations. If the house is destroyed in the war, the insurance company will pay the owner according to the insured amount, and the owner will repay the bank debt with compensation.

2. Debt cancellation or partial cancellation;

If the disaster area is extensive and most houses in a city are destroyed, then the later stage is reconstruction. Citizens are affected not only by the loss of their houses, but also by other assets, jobs and even psychology. From the perspective of reducing the burden and stabilizing people's hearts, it is not feasible to strictly follow the loan terms and guarantee terms signed at the beginning. At this time, the local authorities will ask the relevant banks, especially state-owned banks, to exempt or partially reduce their debts. Of course, the premise is that the local finance has the ability.

In addition, in line with the fine tradition of "one party is in trouble and all parties support it", support and donations from all directions will come in droves, and some of them will also be used for debt relief and post-war reconstruction.

Third, the scale of the conflict is large and the conflict lasts for a long time, and debts such as mortgages are generally exempted;

This is an extreme situation, which generally does not happen in big countries, but only in some weak countries.

At this time, what we are talking about is that a country's real estate has been destroyed in large numbers, even banks, institutions and units have been hit, and related lending records and repayment records have also been lost, thus affecting social order.

In this case, there will be no need to continue to repay the debt. The whole society should consider reconstruction and regain confidence. Basically, the mortgage will be cancelled and the relevant credit records will be restarted.

Let's talk about it if we can survive, and then the policy changes again

At this time, it is not a question of whether to repay the mortgage. First consider your personal safety!

If the war breaks out and the house you bought with the loan is bombed, you don't have to worry about whether you need to continue to repay the bank loan. First of all, ensure your personal safety; Second, see if you can contribute to the victory of the country; Third, study how to make a living and how to solve their own food, clothing, housing and transportation; Fourth, if there is still spare capacity, then help those around you who need help; Fifth, if you still have the ability to make money and pay your mortgage, then you can pay your mortgage!

The house bought with a loan was blown up in the war. Generally speaking, seek compensation from the responsible party first. For example, if your country wins, you can ask the enemy for war reparations to make up for the domestic losses. In case one's country is defeated, if the country has financial resources, it will generally compensate those who lost in the war. If the country has no financial resources and the homeowner is unable to repay the loan, the bank can only treat it as a bad debt, but in this case, the bank will probably go bankrupt!

I am glad that we are now living in the best times of our country, and no one has encountered such a disaster.