For overdue loans, after investigation, it is confirmed that the enterprise is only in a phased or temporary operation difficulty, and it is still able to repay the interest at present, but temporarily unable to repay the principal. Therefore, banks generally take the way of borrowing new loans to repay the old ones (issuing new loans to repay the old ones) or extending the repayment period (extending the repayment period) to reduce the pressure on enterprises.
For enterprises with big problems, it will be solved through restructuring, for example, another normal operating entity (such as the original guarantor) will undertake the loan. Loan restructuring requires that the borrower and guarantee method should not be weaker than the original borrower and guarantee method.
If the above methods can't solve the problem, the general bank will sue the court, seal up, freeze and detain the assets under the enterprise name, and return the bank loan by transferring the funds in the enterprise bank account or auctioning the enterprise assets (of course, in reality, many enterprises' assets are mortgaged to different banks, so banks can only auction the assets mortgaged to banks). If the enterprise's account balance or auction assets are not enough to cover the total loan amount, this business will be available again.
At this stage, if there is collateral, the recoverable loan principal is generally above 90% (because the collateral is mortgaged at a discount of less than 0.7%); If it is a guarantee, the loan principal that can be recovered is above 70%.
Some loan transfers are difficult to handle, such as the remote location of collateral, or the guarantor does not cooperate and pays back a little at a time. If the bank doesn't want to spend too much time and energy to deal with it, it will package it and sell it to the non-performing loan collection company. After that, the non-performing loan collection company has nothing to do with the bank regardless of whether the recovered funds are higher or lower than the amount sold by the bank.
After the loan write-off is handled in the second and third ways, there is still a gap, such as the loan of 6,543,800,000 yuan, and only 9,000,000 yuan is finally recovered through the above methods. Then the remaining 6.5438+0 million yuan is indeed a non-performing loan. If the bank confirms that it cannot be recovered, the bank will write off the difference. However, it should be noted that write-off is only a way for banks to make accounts.
Summary of personal non-performing loans and corporate solutions are the same, but because the personal loan amount is relatively small, banks generally skip the first step and start directly from the non-performing collection stage. Banks are not charitable organizations, and will not accept losses easily for non-performing loans, and will take all measures to minimize the amount of losses.
Non-performing loans that banks can't collect will go through several stages, including collection, asset disposal, debt transfer and write-off. According to the nature and amount of each loan, the processing procedures and methods are also different.
Take the student loan as an example. I have an example around me. After graduation, the student loan has not been paid back. Later printed credit report showed bad debts. During this period, the faithless person entered the society and changed her contact information. The bank has been unable to contact her, so that it has not received any decent dunning. Now her life is as usual, unremarkable. In her own words, she doesn't know how to pay it back.
Let's talk about the most common mortgage loan, which has certain universality. At present, housing mortgage loan is a very high-quality loan. Once the lender begins to overdue, the bank will promptly call to remind and ask the relevant reasons. After three months overdue, the bank will negotiate with the mortgagor to sell the house to repay the debt.
At this time, some mortgagors will agree. At this time, the mortgagor still has a great say in dealing with the price of the house. If this stage is also missed, the bank will sue the mortgagor, and the bank will win the case without controversy. As for the selling price, we will evaluate the price offered by the company and then make a discount.
Some banks will package a group of overdue customers and sell them to asset management companies, and then asset management companies will negotiate with debtors. Whether to negotiate or go through legal procedures depends on the result of negotiation.
Loans with collateral in the market, such as private loans and mortgage loans with companies as borrowers, are generally such a process. This is also the root of Ma Yun's pawnshop thought in the domestic banking industry.
Let's talk about unsecured credit loans, such as credit cards, credit loans and tax loans. , all belong to this category. At present, the most prominent ones are credit cards and credit loans, and there are also many overdue defaults.
Once overdue, the bank or money-eliminating institution will collect the money by itself, and if the collection fails, it will be outsourced to a professional collection company. In fact, the routine is the same, that is, threats, psychological warfare, and address book explosion will make you lose face. If you are psychologically strong and survive this stage, the three-party collection will retreat, and banks and consumer companies will sue debtors in batches through their own legal affairs. As for how to judge, it depends on the evidence.
One thing we should pay attention to is that credit card arrears exceeding a certain amount may be criminally recovered. There is no uniform judgment standard for this. Some people who owe hundreds of thousands have not been criminally filed, while others who owe 50,000 to 60,000 have been criminally filed. Need special attention.
In view of these debts, once they enter the judicial process, the creditors will apply for enforcement if they win the case after the judgment. The court has an executive committee in charge of this work. It was originally called the enforcement court. Enforcement is to look for property clues under the debtor's name. Once found, what should be crossed out, what should be sealed, and then wait for the auction.
In short, banks have various means to collect non-performing assets, and debtors are basically passive. In fact, the proportion of personal non-performing loans to all non-performing loans is basically 9 gross. The real non-performing loans are hung everywhere, and some names are hung. The new loans are still old and covered up by revolving credit. This is the biggest non-performing loan.
Hello, I'm glad to answer your question. How to deal with the bad loans that the bank can't collect? What are the rules? There are many ways for banks to dispose of non-performing assets, and the most common ones are as follows:
I. Legal disposition
If the bank loan cannot be recovered on time, the bank will take legal measures to deal with it, take legal action, freeze and dispose of non-performing assets through litigation, and recover all or part of the non-performing loans.
Second, package transfer
Bank's disposal method of non-performing loans: packaging and transfer. Before the four major state-owned commercial banks (industry, agriculture, China and China Construction) went public, they all set up corresponding asset management companies to accept the bad assets of the four major state-owned commercial banks and make them go into battle lightly. Asset management companies are to revitalize and dispose of non-performing assets. In the course of operation, banks will package and sell them to asset management companies. The two sides reached an agreement that the bank would not sell or transfer them.
Third, write off bad debts
For non-performing loans that are really irrecoverable, the bank will turn them into bad debts according to the regulations, and apply for bad debt write-off according to different types of bad debts. For example, in legal proceedings, the bank's non-performing assets are disposed of through litigation, some loans cannot be recovered, and bad debts are written off. Packaged sales, banks package and dispose of non-performing assets, and the price is lower than the original non-performing loans. The difference forms a loss, which is transferred to bad debts for write-off.
In the process of writing off bad debts, banks should find out the responsibility, deal with the responsible managers, examiners and managers accordingly, and give administrative sanctions and fines. Different responsibilities will be handled differently, and those with serious circumstances will be dismissed.
In short, there are reasons for bad bank loans, mainly the debtor's reasons, the market reasons, the business reasons, the reasons for the withdrawal of funds and so on. , resulting in non-performing loans and losses of banks. Bank loans are allowed to have bad debts, and bad debt reserves are also accrued in advance, in order to write off bad debts. However, the write-off of non-performing loans is only an internal accounting treatment of the bank, which does not mean that the debtor does not have to pay back. The creditor's rights of the bank are still there. As long as the debtor has the ability to repay, he will pay them back. The bank will follow up the collection and try its best to recover and reduce losses.
That's my answer. I hope I can help you.
Of course not.
Banks have many ways to deal with it. Such as collection. Expand. Debt restructuring. Litigation. demould
Collection refers to urging borrowers, credit card holders, guarantors and mortgagor to repay or assisting in collection in various ways.
Under the special circumstances of extension, the bank allows the borrower to extend the repayment period, postpone and personalize the repayment in installments.
After the debt restructuring negotiation, the repayment period will be delayed by changing the borrower, increasing the secured mortgage, agreeing to merger and division.
The litigants are borrowers, borrowers, guarantors, mortgagors, etc. And apply for enforcement.
Stripping is to combine the non-performing loans of a certain industry and a certain region into one or several asset packages, sell them through public bidding and transfer them to the buyer. Investors or investment companies, lawyers, etc. , according to their own investigation conclusions, invest in the purchase of asset packages for disposal and seek benefits. There are many names, such as stripping, transfer, collection and packaging.
Write-offs include bad debts, losses and expenses. However, it is only an internal disposal method of the bank, that is, the assets on the balance sheet are transferred out of the balance sheet, which does not mean that the creditor-debtor relationship is eliminated. After the write-off, the bank can continue to accept litigation, such as divestiture and restructuring. Unless the borrower dies, goes bankrupt or goes bankrupt, the creditor's rights and debts will last forever.
Generally speaking, if the borrower fails to repay the principal and interest for three consecutive months, it will be regarded as a non-performing loan. Banks basically take the methods of collection, reorganization, transfer and write-off to dispose of non-performing loans.
Most bank loans are guaranteed by sufficient collateral or guarantor. If there is a bad loan, the bank can sell the collateral or find a guarantor to repay it.
For credit loans without collateral or guarantor, banks may require borrowers to purchase loan credit insurance. If an individual borrower dies unexpectedly or encounters an accident, unable to repay, the enterprise is poorly managed and insolvent, the bank can obtain compensation from the insured insurance company.
Loan restructuring is generally used in enterprises. If an enterprise with market potential or the ability to save the nation cannot repay the bank loan, the bank may, according to the operating conditions of the enterprise, allow the loan to be extended, reduce interest rates or inject capital in the form of loans to maintain its normal operation and then repay the bank loan; Another method is called bank loan translation. If enterprise A is unable to repay the loan, the bank will find enterprise B with interest relationship or contact with enterprise A, and enterprise B may be willing to take the loan because enterprise A goes bankrupt, and the non-performing loan will be transferred to enterprise B. This is based on the principle of voluntariness.
Restructuring loans are not included in the non-performing loan ratio, which is very helpful to reduce this index.
When the transfer bank determines that the non-performing loans cannot be recovered, it will sell the non-performing assets to Cinda, Dongfang, Huarong and Great Wall for disposal. The four major asset management companies will use all reasonable and legal means and resources to make up for the losses as much as possible. Commonly used methods are:
To collect debts, make concessions on the amount, discount or reduce interest and other preferential conditions, and try to promote peace talks as much as possible.
It will take a lot of time and money to go through legal proceedings to recover, so I have no choice but to take this step.
Debt transfer, debt-to-equity swap, debt-to-debt swap or debt-to-debt swap, and issuance of shares for investors to subscribe.
The four major asset management companies earn profits by buying bad assets low and selling them high.
Not all non-performing loans can be written off after loan write-off. All efforts must be made to determine the possibility of not recovering or reducing losses, and non-performing loans that become bad debts must meet certain conditions. The central government has strict legal procedures for loan write-offs. The write-off of bad debts is written off with bank profits, so it will reduce the bank's income in that year. The CBRC has requirements on the index of non-performing loan ratio of banks, so banks should comprehensively consider the consequences of non-performing indicators and profit losses, and decide whether to write them off with a prudent attitude. However, this does not mean that the borrower buys and sells after the bank cancels the loan. It is just an accounting method. If you can repay it in the future, you still have to pay it back.
In short, banks should make every effort to recover non-performing loans and will not admit it easily.
How to deal with the bad loans that the bank can't collect? What are the rules? For the question, wheat's answer is that banks will not say that they are unlucky, and there are several ways for banks to recover non-performing loans.
For those enterprises with good qualifications, but only because of temporary financial problems, banks will give priority to helping them extend the repayment period. If necessary, we will also borrow the old for the new, that is, issue a new loan to the enterprise to help it tide over this difficulty and pay off the two loans when the enterprise returns to normal.
If the above methods cannot be solved, the bank will take the way of collecting loans, that is, apply to the court to seal up and freeze the assets under the name of the enterprise, and pay off the loans through asset auction. If the value of the assets is not enough to pay off, then find the guarantor of the loan to recover the debt.
If you really encounter a hard bone and can't solve it by the above methods, banks will generally identify this loan as a non-performing asset, that is, it can't be recovered. Banks will transfer the debt relationship of loans to professional asset management companies. After agreeing on a certain amount of transactions, they will use all legal means and resources to recover the loan, and then what they can recover is the income of the asset management company.
If some loans are really irrecoverable and meet the relevant regulations and conditions, the bank will write off this account. However, write-off is only a form of bank accounting treatment, which means that the loan will not be displayed in the bank account, but the relationship between the debtor and the bank does not end there. If the debtor recovers the repayment ability in the future, the bank can recover the loan again.
Generally speaking, don't take chances and think that banks will easily let go if they can't repay their loans. Banks deal with non-performing assets in various ways. Once they are on the credit and blacklist, the future will be even more difficult.
You're right, you just admit that you are unlucky.
Banks will digest loans that are really irrecoverable in three ways.
Write-off is called "plug-in domestic sales", which means that the bank has written off the loan with its own profits, but the debt of the loan still exists. As long as the borrower has money in the future, we will still collect it.
Not every loan can be written off, and it must be strictly confirmed that the loan is really irrecoverable before it can be written off. Moreover, the write-off procedure is very strict, and it will be reviewed layer by layer and submitted to financial approval.
package transfer
It is an international practice to set up financial asset management companies to manage and dispose of non-performing assets of banks. Many non-performing loan banks think that they can't get it back, or they don't have the energy to get it back, or the cost of getting it back is too high, so they will package these assets together and transfer them to financial asset management companies at low prices, which will handle them. Well-known asset management companies, such as Huarong, Cinda, Great Wall and Dongfang, all specialize in this. Packaging prices vary, and the lowest price in Guangzhou seems to be only 1.
Replacement is a rare method and a special method used in a special period. In 2003, considering the high risk and heavy bad burden of rural credit cooperatives, in order to support the reform of rural credit cooperatives, the state adopted the way of issuing special bank bills by the People's Bank of China to replace the bad loans of rural credit cooperatives, reduce the burden of rural credit cooperatives and support their development.
I work in a bank and engage in credit business. You have a good say in this question.
First of all, let's be clear: the non-performing loans that banks can't recover, no matter how they are disposed of, have nothing to do with the borrowers. It is never said that the account is gone and the borrower does not have to pay it back. Specifically, it is as follows:
1. For non-performing loans that cannot be recovered through various steps such as collection and court execution, the bank will conduct operations including but not limited to creditor's rights transfer and write-off, that is, the loan will be lost within the bank. But! The second point is important!
2. Even if the bank writes off this non-performing loan, it is only an internal bookkeeping method of the bank, which is similar to that it divides people who owe themselves money into two categories: those who can repay the money normally and those who can't. Writing off your loan only means that it moves you from the first category to the second category, but for you, you will always bear this debt.
3. As long as the borrower doesn't pay back the money, the debt will always be there, and the credit information has always shown that the bank has the right to apply to the court again to enforce the borrower if you have money or find that you have other assets.
The debt relationship between the borrower and the bank is based on the contract. Whether to write off is just an internal bookkeeping method of the bank, which has nothing to do with the borrower. As long as it is not returned, the account will not disappear.
I hope my answer is helpful to you! There are many other dry goods related to banks on my homepage, so you can help yourself!
The bank's non-performing assets are the assets formed by the borrower loans overdue who can't repay the loan after collection, and these assets are finally disposed of by the bank.
There are two ways for general banks to dispose of non-performing assets:
1. Non-performing assets will continue to be collected, and overdue assets will be disposed of through door-to-door collection and court prosecution. Generally, banks will collect it by their own employees first. If the collection is ineffective, they will entrust the collection work to a special collection agency outside.
2. After continuous collection, there is still no way to recover the loan assets. Banks will go through the write-off process, pass internal examination and approval at different levels, and offset non-performing assets with bank profits.
In short, banks have corresponding rules and regulations on non-performing assets, and adopt different treatment methods according to different situations to ensure the resolution of non-performing assets.
The above is my personal view on this issue, and I hope it will help you.
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In fact, it is similar to the handling of bad debts by enterprises. It is impossible for banks to recognize bad luck. How can they give up bonds for no reason? Non-performing loans have a great influence on the treatment of banks and bank employees. It can be said that it is a very big burden, and it takes several years of profits to digest this bad debt. However, there are many situations that need to be dealt with separately. Here is a brief introduction, hoping to attract more attention.
Firstly, the bank loans are divided into five categories, and the loss percentage is calculated according to different categories. There are generally several ways to deal with non-performing loans, but they are still flexible in practice and are not handled according to pure theory. Generally, there are bad debts or suspicious loans, and the bank will communicate with the borrower to understand the actual financial situation. They can take measures such as postponing repayment of principal, extending loans, borrowing new loans and returning old ones to maintain the normal operation of enterprises, so as to properly handle risks, revive enterprises and repay loans normally, but this may also continue to hide risks, and eventually the amount of loans lost will be even greater.
Secondly, the bad debts of banks are packaged and sold to asset management companies. At present, there are mainly four asset management companies, namely Great Wall, Huarong, Dongfang and Cinda, which specialize in handling bank bad debts. Of course, there were many ways. Asset securitization and debt-to-equity swap are all countermeasures. These four companies are also legal state-owned asset management companies with strong strength.
Finally, there are legal procedures for direct liquidation. There is no way. General loans will be secured or guaranteed. The latest loan is a mortgage. If we can't repay in time, the bank will sue us for repayment, including selling our house and collateral and asking the guarantor to repay. The key point here is not to be a guarantor easily, because the guarantee responsibility is still very serious, and there is no way for you to repay the loan!
I am a financial point of view. I hope my answer can help you. If you have different opinions, welcome to exchange and discuss!