Credit inherited. What?
loan

In the inheritance can not only get all apartment or car, but also a very large bank loan. Alas, the debts in our country are inherited - such are the demands of legislation.What if I suddenly got a pseudo-inheritance and can dispense with it altogether?

"Two years ago I lost my father, but his loss was not the only unpleasant surprise of the time - remembers businessman Alex.- Three months after the funeral, I learned that my father took a loan secured by the apartment for the repair of the villa. The bank demanded that I pay the loan with all interest and dismal considerable fines or threatened to sell the apartment. At that time I did not know that the debt just inheritedas any property.My lawyer explained that the bank has the right to require me to pay the loan, but interest and penalties that were assessed for overdue loan, no. "According to Art.1218, 1281 of the Civil Code, the obligation to repay the loan transferred to the heirs in full in the event of their inheritance.After several months of litigation dispute Alexis was settled by the Supreme Court of Ukraine, who ordered the heir to repay the loan and the bank - to cancel all interest and penalties that have accrued due to late payment of credit payments.

The motivation of this court decision is simple: since the death of the borrower prior to the entry of his son in law of inheritance the heir did not actually own obligations under the loan, and therefore obliged to put out only payments recorded on the date of the testator's death.

Such a solution to the dispute inherit debt - an exception to the rule. Bank just not lucky - he fell heir to the well-off with a good lawyer.And in most cases, lenders are forced receiving the "legacy" to pay for credits on the full program: with all interest, penalties and fines. What to do with credit, inherited, and how not to overpay for him too much.
Was there an insurance policy?

The question of paying the loan heirs may be treated differently, depending on whether the deceased had life insurance of the borrower or an insurance policy against accident or not.

If the insurance was, then, theoretically, the heirs may be got off lightly, as the debt on the loan will be repaid by the payment of the insurance company.They may even be a little perepast money if the insurance payout will amount greater than the balance due on the loan, the insurer and the bank, the balance should be returned to heirs.But, frankly, there is no doubt that with the insurance from the heirs of all goes smoothly - we all know, our insurance companies "like to" pay ...

Many insurance companies use various tricks to evade the payment of insurance compensation.This, for example, time-compressed conditions reports about the accident, the requirement of notarial copies of documentsare not available or not to be notarized and so on.

Not be ruled out as the situationwhen insurance simply will not work.For example, if a borrower died from exacerbation of chronic diseases, it is the insurance policy against accidents, which bought most of the mortgage and avtozaemschikov, the insurer simply refuses to pay, as this is not an insurance case.

If insurance did not work or were not there (now even on mortgage loans it is not always required), then the debt will have to return to the heirs of the borrower. And this, alas, can not get away.So it is better to insure their life, if taken large loans to other family members, in which case it will be unable to pay.

Deposits are issued debt transfer to the heirs long enough.On the day of death of the borrower is the so-called opening of the inheritance and within six months of the heirs may apply for entry to the right of inheritance.After this period, they come into inheritance, and only after that they have a duty to pay the debts of the ancestor.

Interestingly, some bankers are often advised to pay the heirs of the loan from the first days after the death of the borrower, ostensibly to avoid delays and penalties.But such advice is directly contrary to current legislation! (Article 1270 Civil Code. - Ed.)."The heirs are not required to repay the debt of the borrower from the first days after his death, but from the moment the right of inheritance, that is, six months", - says head of the legal provision of the current banking "Alfa Bank (Ukraine), Yuri Grachev.

If the heirs accept the inheritance and agree to pay, the bank offers them to redraw the credit agreement. In most cases, a supplementary agreement to the existing credit agreement to transfer the debt to the heir.Further loan repayment occurs on a schedule approved by the bank and the new debtors.

If the heirs do not want to extinguish the loan and refused to acknowledge their debt on the loan, the bank after the heirs of their right to resort to the standard procedures for dealing with unscrupulous lenders.It is clear that we are talking about outstanding bank executive service or the court and on the further sale of property of debtors.

If the inherited loan was secured by collateral that the bank primarily to foreclose on collateral.If the pledge was not (consumer credit, credit card) or any underlying collateral is not sufficient to complete the calculation of the loan, the bank will seek a court sale of any other property of heirs.

"In accordance with art.24 of the Law "On Pledge", in cases where the amount received from the sale of the subject of credit are insufficient to fully satisfy the requirements of the creditor, the bank is entitled to receive this amount through the sale of another property of the debtor,- Told the director of the Legal Department of Credit Operations Pravex Bank Konstantin Primak.

This recalcitrant heirs will have to spend a bit extra."In addition to the loan and all payments under the loan agreement, the heirs will need to pay all costs that may arise in the process of debt enforcement, for example, the costs of judicial review,commencement of the State Executive Service, and so forth,- Says the head of the press center "Delta Bank" Elena Yaitsky.

So the bankers and lawyers advising the same pay (for six months after the death of the borrower), while hinting that there might be other options.

If the idea is abhorrent to pay off someone else's debts, and can refuse the loan maturity inherited.This possibility is also required by law. But, alas, only one to refuse a loan does not, it will need to abandon the whole inheritance (Article 1273 Civil Code).

In other words, if the inherited several apartments and a loan to purchase another, then will have to abandon the entire property, not just from one unnecessary mortgage. "The Borrower may refuse to accept the inheritance, regardless of whetherHe is the heir at law or by will.This waiver must be unconditional and unreserved "- confirms the Deputy Chief of Legal Department Rodovid bank Eugene Nagrebelny.

For registration refusal to go to a notary at the place of opening the inheritance, and write a statement.Incidentally, this refusal is not final.When suddenly the heir learns that his uncle, which got its overdue loan for an electric kettle, an underground millionaire and charged him a fortune, until the expiration of six months set aside to enter into the inheritance, he may refuse to, pardon the pun,from denial and write an application for membership in the inheritance.

If the loan - the only thing that got it from a relative, it is better simply to refuse to accept the inheritance (of course, if you do not want to pay, for example, a mortgage or car loan, and then get in your home or car).

Do not pay on the loan could be the heir, and if the bank did not file their claims for repayment of debt. At the request of law, as well as the heir, the lender is obliged to declare itself in the first six months after the death of the borrower.

But if you miraculously managed to hide from the death of the debtor's bank, quietly enter the inheritance and for six months "lie down", then the loan can be forgotten. Bank will lose the right to collect a debt, unless it is proved in court that the death of the borrower, he was known for objective reasons.

One of the most obscure issues in the inheritance of debts - whether the bank to charge interest, penalties and interest on the credit of the deceased borrower?Mist it because most bankers still believe that the charge or not charge interest - it is the prerogative of the bank, and this matter is governed by the credit agreement.In other words, with the death of the debtor's interest charges, and then the fines do not stop (and turns into a rather ruinous for the heirs of a geometric progression).

Independent lawyers have a different opinion.Bank under the loan agreement, indeed, has the right after the death of the borrower to continue to accrue interest, as well as a fine and penalty, if there is reason to.But the fact is that during the six months that he would charge these payments, the heirs can not dispose of the assets of the testator and shall not be liable for its obligations. I think there is reason to sue the bank ", - says lawyer Michael Krulko.

Do you agree with my colleague and the company's lawyers "Shmarov and Partners:" The heirs have an obligation to pay accrued interest and penalties only if they were awarded to the borrower (the testator) in life.Other accrued liabilities not actually relate to the personality of the borrower is unlikely to be awarded for the payment to the heirs.

Given that history ended with the hero's article Alexei Supreme Court's decision in his favor, these views worth taking note.

What to do with credit, "inherited"
If there is a desire to take such a legacy, you must:
Get the death certificate of the borrower.
Notify the bank about the death of the borrower. Send a copy of the bank of the death certificate.
Leave a notary declaration of acceptance of the inheritance.
Six months after the death of the borrower to enter into the right of inheritance.
Normalize relations with the bank - to accept the debt and arrange a new repayment schedule.
By year end, which accepted the inheritance, to issue tax return and pay the inheritance tax.
If you do not wish to accept such a legacy, you must:
Leave a notary office in the opening of the inheritance declaration renouncing the inheritance.
In the case of claims, the bank announced its refusal and advise to seek confirmation of this fact in the notary office.

Loans in this country inherited. However, you can always refuse the inheritance, or accept it, but it does not pay interest, penalties and interest on the loan during the first six months after the death of the borrower.

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