Do relatives have to pay the debtor ' s credit, or are the relatives responsible for the loan debt?

You didn't borrow money anywhere, but suddenly you get a call from a bank about a relative's loan and they ask you to pay off his debt, in which cases you have to pay for your wife, uncle, or brother, and in which case you don't.

All situations can be divided into three types: in some cases, you have to pay by the law; in others, you don't have to, but it may be beneficial for you to help a relative deal with his financial problems, and in other cases, when other people's debts have nothing to do with you.

When You Must Pay

1. You are the sponsor of a loan or loan

Nikolai borrowed money from the bank for an internship abroad, and for the credit to be approved, he asked his aunt to become his sponsor, and during the internship, Nikolai had unforeseen expenses, and he was late in paying the loan, and the bank immediately contacted his aunt and demanded payment for Nikolai.

The sponsor has the same liability to the lender as the borrower himself; the bank or microfinance organization (MFO) has the full right to claim payment of the debt from you if the person for whom you have sponsored is in breach of the loan payment schedule; and read more about the guarantor's obligations in the sponsorship article.

2. You are the heir of the debtor

Uncle Sergei put it in his will and left him his motorcycle, but when Sergei started to process the inheritance, it turned out that the uncle had borrowed microloans at high interest rates, and now Sergei needs to assess the amount of the debt and decide whether to inherit.

The loans and loans of the deceased, after his death, go to the heirs, and the creditor has the right to demand payment of the debt from you as soon as you inherit.

But you are obliged to pay debts within the value of the property that has been transferred to you, for example, if you have inherited an apartment, a car and a gift totalling 5 million roubles, then only within that amount will you owe a debt.

3. You are with a loan or loan borrower

Dmitri took a loan with his sister to buy a car, and a new car was booked for his sister, but it was agreed to use it in turn. Later, the sister was offered a job in another city. She left with the new car and promised that she would pay the loan herself. But a few months later, Dmitri was called by the bank and told that the payment was overdue. The sister would not be able to make contact. Should Dmitri take the entire debt alone or at least let Dmitri down?

If you make a loan or a loan for both of you, and both of you sign their contracts, they're with the borrowers, and you're both responsible for the debt equally. The bank doesn't care which one of you makes the payments and how you split them between you. The important thing is that they do it on time and in full. You can't share the debt and you can't only pay your half.

If you take a loan on bail, like a car, the car can be withdrawn and sold so that the bank can get your money back, but if there's no collateral, the lender can sue you and your borrower, and the debt you owe can take and sell your stuff off the hammer.

When you don't have to pay, but it makes sense.

1. You use property legally owned by the debtor

Vladimir bought a mortgage for Olga's daughter and made her own property, but after four years, Vladimir was cut short and stopped paying the loan. Olga is not a mortgage debtor, but she has a clear reason to cancel her father's loan, otherwise she will be left without an apartment.

If you use a dwelling, a car, or other property that belongs to a relative, and he can't settle his debts, it makes sense to help him.

It's worth protecting and trying to get ownership of the property, for example, if the housing is in the bank's deposit, you can discuss with the lender how to convert both the real estate and the mortgage obligations on you.

2. The debtor owns part of your common dwelling.

Arena and her brother inherited a gift from her grandmother, and she's used to spending the summer there. His half-brother never showed up. He likes the sea rest much better, but he took a big loan at the MFI on bail for his share of the estate, and now he can't pay for it.

In situations like this, the problem will affect you directly. On the one hand, you are not responsible for debt owed by a relative, and no one will take away your share of the property, but if the loan debt is not paid, you may have to get to know the new neighbors.

If a relative owns a part of your common apartment, gift or other real estate, the court may arrest him and then tender him.

If you do not agree or do not find the necessary amount in time, the debtor's share will be placed in open bidding.

You can avoid this; for example, you can buy a portion of the property from a relative, even if it is on bail, but first you have to go to the creditor, get his consent to the transaction, and process it so that the money goes to the repayment of the debt.

If a relative and his creditor agree, the sale of a portion of the dwelling to strangers will be avoided, but it will be better to consult with experienced lawyers.

When you definitely don't have to pay.

If you have not signed any papers in connection with your relative ' s loan agreement, you do not owe anything personally; if he lives separately and you are not interested in what will happen to his property, you do not have to solve his financial problems.

If you are called by creditors or debt collectors to whom you have no connection, you have the right to refuse to communicate with them.

Credit debt: Whether relatives are responsible, are liable for the credit debtor, whether they must pay and can recover

In fact, any adult can issue a bank loan, which places an obligation on him to return, along with interest.

The issuance of credit implies the signing of a loan contract, which is signed by the bank and the borrower, which means the consent of both parties to comply with the terms of the agreement.

If the person was fully responsible at the time of signing the contract and was not subjected to any physical and psychological pressure, he or she would be fully responsible for implementing the provisions of the agreement with the bank.

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Need for repayment by the borrower ' s relatives

The provisions of the current law set out a list of situations in which financial institutions may request the return of money from the debtor ' s relatives; therefore, it is necessary to be always ready to communicate with creditors.

Debt repayment by the borrower ' s relatives may arise in the following situations:

1. A relative of a bank client acts as either a borrower or a loan sponsor; in the first situation, he is equally liable to the bank organization for the repayment of a loan; often one of the spouses plays the role of the borrower in the issuance of a mortgage or a loan for the purchase of a car; in the second situation, in the event of default on the part of the borrower, the bank may request the repayment of the loan from the person acting as guarantor.The bank may claim both the guarantor and the debtor at the same time, and the guarantor may sue the debtor for repayment of the debt paid in its place.
2. A person is obliged to fulfil his or her debt obligations in the event of the death of his or her relative and the taking of his or her inheritance, as expressly stated in article 1175 of the Criminal Code of the Russian Federation.
3. In the event that a loan contract has been issued by one of the spouses, all their debts will be shared equally with their property in the event of their divorce, as stipulated in article 45 of the UK.

In other cases, the bank does not have the right to claim repayments from the borrower ' s family.

Liability of relatives of the debtor other than guarantors

Do relatives have any responsibility for the credit debtor if they did not act as collateral on the loan contract?

In this case, it is important to remember thatThe bank may not claim a debt from a citizen unless he or she is included in a bank loan agreement.And if you do not have the right to inherit, then you will have to pay the debt of your deceased child if you make a decision about what you have inherited.

And if you give away your inheritance, then pay the debt of your kinsman in full; and if you give up your inheritance, then if you do not give it, then pay it in full; indeed Allah is Oft-Forgiving, Most Merciful.

In such situations, experts recommend that the list of inherited property be reviewed in detail and its value assessed.In order to understand how rational it would be to decide to take the inheritance with the debts.

In the event that the total value of the estate is substantially higher than the debt, it makes sense to accept the inheritance; in any case, it is recommended that a professional lawyer be consulted to minimize the various risks.

Non-curator relatives of debtors are not liable for their debts

Relatives ' obligation to pay credit

The duty of the kinsman is only to pay if they inherit the property of the deceased.

Under the general rules, all property and all debts of spouses must be shared equally.This applies to all the material values and financial obligations acquired during people ' s life together.

And Allah is Oft-Forgiving, Most Merciful.

Except in the case of divorce and inheritance, the law does not impose any obligation on citizens to pay a relative's loan.

The debtor cannot pay the loan: the actions of relatives

In general, if the debtor ' s relatives do not act as guarantors under the debt agreement, they may not react in any way to the existing debt, and it is worth noting that companies that collect problematic bank debts may constantly harass the debtor ' s loved ones, creating some discomfort.

In such circumstances, relatives may assist the debtorby repayment of the debt in its place or by loaning it money to pay the loan.

Once the bank debt is repaid, the borrower will be free of debt to the bank, but he will have to return the money to his family.

Experts recommend that loans should not be left to the debtor's conscience, but that debt receipts should be processed so that both parties can protect themselves from possible disagreements.

When a relative is in debt to fulfil his debt to the bankRecommended notarized contractIt is therefore possible to protect yourself against the risk of non-refundability and to maintain a normal relationship with a family member.

Impact on the debtor ' s loved ones

If a person does not pay a bank loan, his or her relatives may find it unpleasant to have regular calls from collecting agencies, as well as visits by members of such organizations to their homes.

Many people are very afraid of such situations because they do not know for sure whether they can collect the debt from the debtor ' s relatives. It is important to remember that if a person does not act as a bank loan guarantor, no one can ask him for repayment.

The law in force clearly indicates that collectors do not have the right to influence the debtor through his or her family and even less to blackmail them.

It is never possible to sign any papers that provide the debtor ' s relatives with manifolds.Any threats from such organizations were totally unfounded, since collectors had no legal leverage over the debtor ' s family.

Conclusion

In summary, if they do not act as a loan guarantor, they should not, in any case, have recourse to the law enforcement authorities if the bank or collectors seek repayment of the debt from a close person of their client who has outstanding debt obligations.

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Do relatives have to pay the debtor ' s credit, or are the relatives responsible for the loan debt?

Main / Succession / Do relatives have to pay the debtor ' s credit

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Any adult and capable citizen may obtain credit and be liable for his return.

A loan contract is being negotiated between the bank and the citizen, which is signed by the parties – these signatures show that the parties agreed on all the terms and agreed to voluntarily comply with them.

If the citizen was not subjected to violence and manipulation, if at the time of the signing of the treaty he was capable and aware of the meaning of his own actions, he was fully responsible for the fulfilment of his obligations.

However, credit obligations are not always met in a timely and complete manner; relatives have legitimate concerns – can a bank or a collector make them pay on other people's loans?

In this article, we will consider where relatives should actually be responsible for the repayment of loans, and where creditors' claims are unfounded and illegal.

Are relatives responsible for the credit debtor?

The law provided for only a few cases in which the debtor ' s relatives could be obliged to repay the loans.

Co-parents of teachers

If the relatives have become loan guarantors, they are jointly and severally liable to the bank(s) together with the principal debtor, which means that the bank may require the guarantor to repay the debt (within the limits of all the property owned by it), and the guarantor may subsequently claim the loan amount from the principal debtor (under article 365 CC of the Russian Federation).

However, the bank's collection of the debt from the guarantors is possible only after the relevant court decision and the commencement of enforcement proceedings. There is no other legal way to collect the debt. Only court bailiffs can seize property and bank accounts, collect fines and penalties from debtors and bailiffs.

Frequent cases are moral pressure on the debtor's relatives by the collector's organizations, and obsessive phone calls with conspiracies and threats.

If you didn't sign a loan agreement as a sponsor, you're not bound to a bank (other credit institution) by any obligation!

Moreover, legislation (article 367 of the Criminal Code of the Russian Federation) provides for cases in which the guarantee is terminated and the bank ' s or credit organization ' s claims against the parent relatives may be declared unlawful by the court:

1. Termination of the core obligation(e.g. repayment of the principal debt, provision of a set-off, recognition of the debtor as bankrupt, other cases of discharge of the debtor under the law);
2. Modification of the core obligationfor which the sponsor did not consent (e.g. extension of the loan contract);
3. Transfer of debt to another person.The sponsor must consent to be liable for another debtor, since the identity of the debtor is an essential condition of the contract; in the absence of consent, the surety shall cease if the contract of sponsorship does not specify that the debtor may be any person;
4. Bank (credit institution) refusal to accept a loan obligation from the guarantor.As paradoxical as this provision of the law may seem, it happens, for example, that the creditor does not retain the bond account, although the bond contract permits it; in such a case the sponsorship may be declared terminated by the court, the creditor's claim for payment of the debt is unlawful;
5. End of time for creditor claims against guarantorAs a rule, this period of time is provided for in the bond contract, if not, the legal period of one year from the date on which the performance of the obligation is due shall apply, and upon expiry of the bond shall cease.

Thus, if one of the above circumstances is found to exist, the guarantor is not required to pay the principal debtor ' s debts.

If there is no reason to terminate the bond, the bank (creditor) is entitled to apply contractual and legal measures to collect debts, both from the main debtor and from the guarantors.

Succession and debts

Another case in which relatives have the duty to pay the debt – inheritance after the death of the debtor – the civil law provides for the notion of universal succession – does not only shift the property rights to the heirs, but also the duties of the heir.

However, the law also provides for a number of reasonable restrictions on the collection of debts from heirs:

• The amount of the debt to be paid by the relatives shall remain as it was at the time of the debtor's death.
• The heirs ' liability for payment of the heir ' s debt is limited to the cost of the inheritance (according to CK 1,175). If the value of the heir ' s inheritance is less than the amount of the debt, only the corresponding portion of the debt is to be paid.
• The amount of the debt that passes through the inheritance is not equally distributed among the heirs, but is proportional to their share.
• If there is no inheritance left after the debtor ' s death or the relatives refuse to accept the inheritance at all, the bank (credit institution) cannot recover anything from the relatives.

It matters!Creditors may claim heirs only for the duration of the limitation period, which does not begin at the time of the debtor ' s death, as may appear at first sight, but at the time of the main debt obligation; the debtor ' s death does not justify the suspension or extension of the limitation period.

However, for a period of six months, from the death of the debtor to the date of the inheritance, it is not permissible to impose penalties and claims for the payment of the debt. Six months after the death of the heir, when the heirs receive documentary confirmation of the inheritance (verification), they must repay the debt that has passed by the inheritance.

Thus, in the case of inheritance, it is possible to transfer the debt to the relatives of the debtor, but only in accordance with the procedure prescribed by law. Any unlawful claims by a bank (other credit institution) or collector, including illegal commissions, fines, threats of confiscation of property and other means of coercion, are grounds for recourse to the courts.

Divorce and debt-sharing

A common case is the division of credit upon dissolution of a marriage.

As a general rule, what is acquired during the marriage is divided in half in the divorce, whether it is the acquired wealth or the acquired obligation; it does not matter to whose name the loan agreement is issued, what needs are spent on money, who has made regular payments – the debt is shared equally.

An exception to this rule is the case where a loan has been taken by one of the spouses for their own benefit, without the knowledge and consent of the other spouse; if this can be proved in court, half of the debt will not have to be paid.

Further details on the divorce credit section can be found in the article "Can and how to share the credit in divorce".

Illegal creditor claims

So we have dealt with a number of statutory cases in which relatives have to bear debt obligations.

In practice, outright illegal actions by banks (credit institutions) and collectors are common — attempts not only to make them pay, but also to impose additional fines on relatives who are not obliged to pay their debts.

• The fact of affinity (children and parents, husband and wife, brothers and sisters, grandparents and granddaughters/granddaughters) does not imply repayment of a loan for one another.
• When a loan contract is issued, the borrower is often asked to provide information on relatives, employees, friends or other acquaintances; this does not entail any obligation to the creditor. The phrase "You are specified in the loan contract" is another manipulation.
• Until the debtor dies or is found dead, he has a debt obligation. "The debtor is missing, does not respond to calls and letters, his whereabouts are unknown" is no reason to transfer the debt to relatives if they are not guarantors.

If the credit or collector ' s office makes unlawful demands against you, you can file a complaint with Roskomnadzor, the Public Prosecutor ' s Office or the court by attaching letters, telephone records and other evidence of violations of the law.

As life situations are very diverse, the resolution of the dispute between the citizen and the creditor requires a review of all documents and takes into account all the circumstances of the case.

Most often, problems with the repayment of other people ' s loans arise as a result of legal illiteracy, the trustworthiness and kindness of relatives, as well as the use of illegal measures by creditors.

Who pays the loan in the event of the death of the borrower, if the person dies, who pays the loan, whether the relatives are liable for the loan debt

The Main "The Legacy "Who pays the loan in the event of the debtor ' s death

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The basic law governing the transfer of property rights from the heirs to their successors is the Civil Code of the Russian Federation of 30 November 1994 (hereinafter referred to as the Civil Code of the Russian Federation), and not only the movable and immovable property of the deceased but also his debts are inherited by law.

What happens to a loan if a person dies?

When a person dies, his debts do not disappear, they are due by his heirs, and the creditor may file claims within three years.

The bank claims to pay the body of the loan with all the interest, penalties, and damages accumulated during the loan period.

It is important to remember that the financial institution is not entitled to recover the amount of the loan more than it was at the time of the death of the lender; this does not include the amount of fines or interest arising from the death of the testator, but the bank will not cease to collect it in the absence of information on the death of the borrower.

The heirs will be required to pay off debts not exceeding the amount of the inheritance; the rest of the loan must be cancelled.

If the debt is higher than the value of the property, it is better to notify the bank in writing by attaching a death certificate to the borrower.

The challenge for relatives and loved ones is to find a compromise solution with the bank, to show a willingness to pay the debt if abandoning the inheritance is not a better solution to the problem.

Who should pay the loan after the death of the borrower

If a person dies, credit payments may fall on the following, depending on the terms of the loan contract and the existence of insurance:

1. Insurance Company (SC)
2. The next of kin,
3. from the Borrower (with the Borrower)
4. Or a sponsor.

Insurance company

According to FL No. 353 of 21 December 2013 "On consumer credit (loan)", the bank is not entitled to oblige citizens to enter into a life insurance contract at the same time as signing a credit contract.

However, many banks encourage borrowers to obtain policies by offering more attractive credit terms.

The reason is simple: in the event of the signing of a life insurance policy, the insured person assumes the obligation to pay the balance of the debt in the event of the death of the insured person.

The UK may refuse to pay if the borrower has died in the following circumstances:

• He died in the war;
• In places of deprivation of liberty;
• As a result of an emergency exercise accident (alpinism, rubber jumps, parachute sports, motor races, etc.);
• Due to sexually transmitted disease;
• Chronic illness;
• It's because of suicide.

Unfair UK often tries to avoid the payment of credit obligations by claiming that death resulted from an outdated (chronic) disease.

In order for an insured person to repay the loan, it is necessary to apply to the UK within six months of the death and to provide all necessary documentation of the occurrence of the insurance case.

Whether relatives are responsible for credit debts

In accordance with article 1175 of the Criminal Code of the Russian Federation, the heirs/parents are jointly and severally liable for the debts of the heirs.

The bank ' s credit claims apply to all beneficiaries, and their age or difficult life situation is irrelevant.

According to the Civil Code of the Russian Federation, each of the heirs answers within the value of the share of the property received after the death of the heir.

In the case of a minor under the age of 14, the inheritance rights of guardians, guardians, parents, along with property and other values, shall be the debts of the deceased, for which they shall be liable.

After 14 years, the heir may make transactions on his own, but this will require the consent of the guardian, guardian or parents, and banks are required to comply with legislation protecting the rights of minor children.

For example, in life, the father took a consumer loan of 200,000 rubles, and his wife inherited a sum of 100,000 rubles, in which case the widow does not have to pay the full amount of the debt; the difference may be claimed from other relatives, from an insurance company, or, if there are no other heirs, is found by the bank to be hopeless.

With the Borrower

Sometimes a loan contract is issued with borrowers, most often with mortgages and automatic credit when the borrower ' s income is insufficient to obtain credit.

In such a case, one or more persons are involved who share both the liability under the contract and the property rights of the subject matter of the transaction.

In the event of the death of one of the borrowers, the remainder are required to pay the balance of the debt.

The sponsor.

If there is a guarantor under a loan contract, then after the death of the debtor, the debt burden falls on him; and under the terms of the agreement, the guarantor undertakes to pay the amount of the principal debt, interest, fines, penalties and any legal costs.

If the deceased's relatives have taken leave of the estate, the guarantor may claim a share in the property.

How a loan is cancelled in the event of the debtor's death

Most often, the successors believe that it is not possible to begin paying debts on a deceased relative's loan until they have taken their legal rights and obtained a certificate of succession; in fact, this is an incorrect interpretation of the law, which leads to conflicts with banks and the imposition of huge fines and penalties for delay.

According to articles 1113 and 1114 of the Code of Criminal Procedure, the inheritance is deemed to have been open since the death of the testator (not at the time of the issuance of the certificate), and article 1152 states that the inheritance is deemed to have been accepted on the date of the opening of the inheritance and does not depend on the time of its actual adoption or the time of registration of the transfer of ownership.

Therefore, in order not to create additional debts, it is necessary to notify the bank and insurance company as early as possible and to provide them with copies of the death certificate.

From the time the heir went to the bank, the creditor was obliged to cease imposing fines and penalties for breaching the repayment schedule! All fines calculated after the death of the client must be cancelled.

According to the law, the loan will be repaid by the person who acquired (received) the property, namely a citizen who, within six months, either applied to the notary or committed the actual acts described in article 1153 of the Russian Civil Code.

Taking part of the property is equivalent to accepting all property in its entirety, regardless of what it consists of and where it is located. That is, the inheritance of debts cannot be abandoned, but the right to an apartment can be acquired.

The liability of the heirs is proportional to the value of the property transferred to them, and the value of the estate is determined by a market valuation at the time of the opening of the inheritance, regardless of the subsequent change in that market value.

A bank may claim a successor only within the limits of the statute of limitations; claims may be made to the estate before the inheritance is accepted.

In order to repay the debt, the bank may claim collateral, the penalty being the loss of inheritance rights by the heirs, with the exception of:

• Honours and distinguishing marks of the deceased;
• movable property passed on to a person with a disability;
• Non-business land;
• Real estate, which is the family ' s place of residence.

What to Do With Credit When a Man Dies

When deciding what to do with the deceased's loan, it is necessary to weigh all the pros and cons: whether the financial institution is willing to make concessions and restructure the debt or whether it is necessary to go to court; whether there is a reason to inherit; and whether the amount of the debt exceeds the value of the inherited property.

If a decision is made to inherit and the deceased ' s life is insured by the sponsor organization, the relatives need to perform the following algorithm:

• See the content of the insurance contract.
• Notify the insurance company of the fact of death, and if the deadline is exceeded, the company may refuse to pay the borrower ' s debts.
• Provide proof of death.
• To obtain the consent or refusal of the insurance company to pay the deceased ' s credit and the additional payments related thereto.

If the borrower was not insured, the heirs should act as follows:

• Notify the financial institution of the debtor ' s death by providing supporting documents.
• Get a certificate of succession.
• Pay the arrears in accordance with an earlier schedule.
• The amount of repayment should be no more than the subject of inheritance; all issues relating to the conversion of arrears should be settled with the bank; if the financial institution does not make concessions, it should go to court.

In practice, banks most often refuse to impose fines and penalties for the period from the death of the borrower to the right of the beneficiary.

Liability for automatic credit in the event of the death of the borrower

In the case of auto-credit, it is much clearer than in the case of a consumer; the machine is the subject of collateral; in the case of a loan, the life insurance contract is also the subject of a life insurance policy.

Thus, upon the death of the lender, the creditor may make a claim:

If the UK refuses to pay the debt, the credit burden falls on the relative who inherited the car.

• Re-open the contract in its own name, make a new payment schedule and repay the loan using the machine;
• To negotiate with the bank for the sale of collateral from the tender and the repayment of the debt from the proceeds.

How to Don't Pay a Credit

The payment of the loan obligations of the deceased heir may be waived only if he does not accept the inheritance.

Beneficiaries may refuse to inherit only within six months of the death of a relative.

This is not uncommon in legal practice, because sometimes the amount of credit is much higher than the inheritance, especially if the borrower has established a non-suspensionable consumer loan in the course of his life.

The legislative process for the transfer of debts from the deceased to his relatives is a very complex process, and the heirs are only interested in property, and no one wants to take on debts.

How do you come to an agreement and share the inheritance? How do you not pay the debts of the deceased? How do you cancel the fines? It's important to understand the nuances of the law on your own, and in the case of debt, it's very important to do things quickly and correctly.

To save money, time and negotiate with banks as efficiently as possible, you can use the free legal advice at https://ros-nasledstvo.ru/.

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Do relatives have to pay the loan for the debtor - whether the relatives are responsible for the loan debt - can they hang the credit on the relatives?

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The inheritance is the sum of the deceased's rights, duties and property, which are to be transferred to the heirs; not all debts of the heir are to be paid by the recipients.

Obligations relating to the identity of the owner are not payable; however, the loan debt is transferred in full.

The question is, who should pay the debts?

Whether relatives are responsible for credit debts

Relatives are not liable for the debts of the borrower, and the law does not give children, parents and other close relatives the obligation to repay loans issued by the family.

The spouses of the borrower are excluded and the husband and wife are jointly and severally responsible for the loans.

The spouse may avoid recovery of the debt if there are:

• Marriage contract;
• Property and debt-sharing agreements;
• A court decision recognizing a loan as a personal debt of one of the spouses.

Who is responsible for the repayment of the loan if the borrower dies? Under the law, no one - any obligations that are intrinsically linked to the person's personality - are terminated (article 418 of the Russian Civil Code).

Affiliation with a deceased national does not constitute a basis for debt to be transferred to a close debtor.

Grounds for recovery of debt from the borrower ' s relatives

The deceased ' s relatives are liable for his loan in the following cases:

• The citizen is a loan guarantor;
• The relative is with the borrower;
• The citizen is the heir of the deceased;
• The citizen is or was the official spouse of the borrower at the time of the loan.

If the property is left behind after the death of the citizen, it shall be set aside for the heirs; therefore, the debtor ' s outstanding obligations shall be transferred to the recipients of his property (article 1175 of the Civil Code of the Russian Federation), and the recipient of the deceased ' s property shall be a relative, a foreign national or a legal person.

It is necessary to separate the deceased ' s former spouses from the deceased, who are liable for the deceased ' s debts if they are with the borrower, guarantor or heir of the will, or the loan was acquired during the marriage.

Thus, in the recovery of the debtor ' s debts, it is not related to the debtor that matters, but rather the inclusion in the loan contract as a borrower or guarantor and the taking of its property as an inheritance.

When you can't collect a loan from a relative?

Consider whether the bank can be forced to pay the loan; the bank cannot collect the loan from relatives of its own free will; this requires a court decision; therefore, if there are unfounded claims, the bank's employees should be advised to go to court.

Credit from relatives cannot be recovered in the following cases:

1. The citizen is not the heir of the deceased.In this case, the information should be communicated to the creditor.

It must be remembered that a citizen is not obliged to inform the bank's employees who is the recipient of the deceased's property.

1. The value of assets received is less than the amount owedIn such a situation, the heir must pay the deceased ' s debts in the amount of the inheritance received; the creditor will not be able to recover funds that exceed the amount of the inheritance.
2. A relative, the heir, gave up the deceased's property.If a citizen refused to inherit, he or she is not liable for the deceased ' s obligations.

A relative of a living debtor who is not a guarantor or with a borrower on a particular loan is not obliged to pay it.

What do relatives do when they are asked to pay the debtor's credit?

A claim for the payment of a debt from a relative can only be made in the form of a court decision; in other cases, the payment of a debt for a relative can only be made on the voluntary initiative of a loved one.

There are often situations where a loan debt is sold by a bank to a collecting agency.Until 2016Debt collection experts used questionable methods.

C 03.07.2016The Collections Act (No. 230-FZ) had entered into force and the regulation had streamlined the methods of debt collection, including a ban on the influence and blackmail of the debtor ' s relatives.

The actions of relatives who require payment of the debtor ' s credit are unlawful:

• The documents produced by the manifolds cannot be signed;
• If threats, blackmail or other illegal methods are used, a complaint must be lodged with the Public Prosecutor ' s Office against the Agency ' s staff.

Recovery of debts from the debtor ' s heir

Credit institutions often provide the notary with information on the existence of the debt after the date of acceptance of the inheritance, thus avoiding the abandonment of the deceased ' s estate by the heirs.

Possible actions by the heir when claiming payment of the debtor ' s debt on credit:

1. Find out if there's an insurance policy.
2. Change the loan.
3. Sell collateral.
4. To enter into a treaty between the heirs.
5. Refuse to inherit.

Life insurance of the borrower

The most reliable option is insurance.

If applicants for a deceased citizen ' s property are aware of the existence of an insurance policy, they need to find a document and contact the insured person.not less than 30 daysto notify the insurance company of the occurrence of an insurance accident.

The heirs need to file an application and attach a list of documents to it. A specific list of papers depends on the inside policy of the insurers.

The insurance company will refuse to pay the insurance if:

• The death of the borrower was intoxicated;
• Death occurred as a result of suicide;
• The borrower did not make a further payment under the insurance contract;
• There are other reasons established by the contract.

Change of credit

If there's no insurance, then the heirs will have to deal with the creditor.

This requires:

• To apply to the credit institution for conversion;
• Provide information on the death of the borrower;
• Provide data on inheritance.

It's the bank's decision to change or reject it, and if the heir has a bad credit history, a high rate of insecurity, the organization can make a negative decision.

Sale of collateral

Another way to close a loan is to sell inherited property. The estates of the heir will solve several problems at once.

And if you make a bequest or a bequest or a bequest or a bequest, you will not be able to live therein.

However, the sale of collateral will require the consent of the bank; if the organization approves the transaction, the money must be transferred to the debt account; the balance is to be divided between the beneficiaries.

The conclusion of a treaty between the heirs

If there are other property left after the death of the heir, the applicants may conclude an inheritance-sharing agreement between themselves (article 1165 of the Criminal Code of the Russian Federation); the rule also applies if all the estates are handed over to one of the heirs and the rest receive monetary compensation (article 55 of the Decision of the Plenum of the Supreme Court of the Russian Federation No. 29).

An example.After the father's death, there was a house, a car, and a garage, and the heirs were three sons; the heir had not made a will; therefore, the property was divided equally among the relatives; the two sons of the deceased man lived with the father on the day of his death; the third was separated from his family; and the brothers filed documents with the notary on time.

After six months, each of them was given a certificate of inheritance, and the heirs agreed on the redistribution of their property, and the house was to remain with two sons, and the car and the garage were to leave the third child of the heir, and the heirs made a written agreement.

It later gave them title to inherited property, but subject to the terms of the contract.

If a dispute arises between the heirs as to the distribution of property or its shares, it shall be decided solely by the courts.

Renunciation

And if the debt exceeds the value of the inheritance, then it is not for the relatives of the deceased to accept what is left of it.

If you want to give up your inheritance, you can file a written application or just not go to a notary office.6 monthsIn such a case, the repayment of the debt would be at the expense of the estate.

However, the beneficiary of the property must be the State, since the property that has not been accepted is deemed to be dead, and the notary must explain to the creditor his right to bring property claims to the authorized authority.

The loanee's gone missing.

If the borrower is missing, the obligation goes to the borrower; in the absence of the borrower, the guarantor must pay the loan.

In order for the obligation to pay to be passed on to the heirs, it is necessary to recognize the borrower as dead in court; the existence of a court act will enable the relatives to inherit and resolve the issue with the creditors.

The court hearing may be initiated through5 yearsIf a person was in danger and then disappeared, he or she may be brought before a court of law.In six months.The application must specify why the citizen must be declared dead (article 45 of the Criminal Code of the Russian Federation).

Once the heirs have assumed their rights, the guarantor has the right to recover the costs of the loan from them.

If the heir is a minor

Depending on the age of the recipient, his or her inheritance rights are different.

A minor ' s inheritance

No. n/p Age of the recipient of the Commentary

1	0-13 years	The minor heir is not personally involved in the processing of the deceased ' s property; the actions for him are carried out by the legal representative.
2	14 to 17 years	The minor beneficiary himself applies to the notary with the consent of the legal representative.

However, regardless of age, the citizen inherits both the property of the deceased and his debts; the legal representative does not have the right to refuse to inherit independently; this requires the permission of the district guardianship department of the minor ' s place of residence.

A large number of debts from the heir can be a reason to get a waiver.

If the deceased ' s property is accepted, the minor also receives his or her obligations.

The absence of an insurance policy makes the process a little more complicated. To avoid loss of property and overpayment of interest on a loan, you need to consult a professional lawyer. You can order a return call on the website. The lawyer will look into the circumstances of the case and tell you how best to get out of the situation.

If necessary, you can agree to represent your interests in court.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

So contact our lawyer for a free consultation right now and get rid of the problems in the future!

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