After a person dies, the amount owed on credit cards and loans needs to be repaid. After a person dies and has an heir, all debts owed by the heir after inheriting the estate must be borne by the heir. If there is no heir or the heir gives up the inheritance, then the bank can only liquidate the deceased's assets in the bank at this time. If it is not enough to repay the debt, it can only deal with bad debts.

In addition, if there is a guarantor, even if the lender dies, the guarantor will still be responsible for repayment.

1. How to handle the loan owed by the debtor after his death:

1. If the borrower applies for a loan, his relatives or other third parties sign a joint and several agreement with the lending institution. In a repayment liability contract, if the borrower is in arrears for a long time, the lending institution will require the guarantor to perform the guarantee obligations, bear joint repayment liability, and repay the remaining arrears.

2. In the absence of any third-party guarantee:

① If the borrower chooses a home mortgage loan, then the overdue time reaches about half a year, and the loan The organization will generally file a lawsuit for house auction with the court, and the auction proceeds will be used first to pay off the debt;

② If the family of the deceased repays the loan on their behalf, after the loan is fully paid off, Their family members can then go through the procedures to cancel the house mortgage and keep their house.

3. If the borrower initially chooses an unsecured loan and provides neither collateral nor a third-party jointly responsible person, then it will be more difficult for the lending institution to recover the arrears. Generally, Deal with bad debts.

2. After the death of the borrower, are the heirs obligated to repay the usurious interest borrowed?

It is a Chinese tradition that "the father's debt should be repaid by the son," but there is no law stipulating this now, so the father's debt can be repaid by the son or not. What's more, usury itself is not protected by law.

1. Our country "Civil Law" does not say that the father's debt must be repaid by the son. Personal rights and personal obligations belong to the person and have nothing to do with others;

2. A person's rights and obligations arise with the life of the party concerned, and the life of the party concerned It ends with the end of life. That is to say, when a person dies, all his rights and obligations end, including the debts owed to others also disappear with the end of life;

3. Regarding the question of whether to repay the loan from the credit union, it is necessary to distinguish whether the debt is your father's personal debt or your family's debt. If it is your father's personal debt, then you are not obligated to repay it; however, if If your father has property, it will be repaid by your father's property; if the property has been inherited by the heir, then the heir should repay the debt. However, special instructions: If the property is insufficient to repay the debt share, then the amount of property inherited by the heir will be determined. No matter how much debt you repay, you don’t have to repay the shortfall. That is to say, the debt still belongs to your father to repay;

Article 33 of the "Succession Law" The inheritance shall pay off the taxes and taxes that the deceased should pay according to law. Debts, tax payments and debt repayments are limited to the actual value of his estate. This does not apply if the heir voluntarily repays the inheritance. If the heir abandons the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law. Responsibility for repayment.

4. In reality, many children help their parents repay their debts. This issue puzzles many friends. In fact, they are mistaken. This type of debt is not their parents’ personal debt. If the debt is used for household expenses, then it should be classified as a household debt. Every member of the family has a joint obligation to repay the debt, so the household debt still has to be repaid.

3. The parties to the loan. After death, does the bank loan owed need to be repaid?

If the loan party dies, the bank loan owed will continue to be recovered by the bank according to the actual situation:

1. Guaranteed

The bank will seek repayment from its guarantor or guarantee institution.

2. No guarantee

The estate in the name of the deceased will be used for repayment or the legal heir will fulfill the repayment obligation.

3. No guarantee, no inheritance

If there is no inheritance in the name of the deceased, the loan is usually treated as a bad debt by the bank.

Relevant provisions of the "Succession Law":

Article 33 The inheritance shall pay off the taxes and debts that the deceased should pay in accordance with the law. The actual value of the inheritance is limited. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs.

If the heir gives up the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law.

The above is about the handling of the loan owed by the debtor after his death and related issues. Hope these information and steps are clear enough.