I have been in jail, owe the bank loan how to do?
Perhaps many people will be naive to think that as long as the jail, then the money owed to the bank will be canceled, after all, the bank can not find you to recover, and you have lost the ability to repay because of the jail. But in fact, the money you owe the bank will not be canceled because you are in jail and debt, it is always there.
Banks, as risky businesses, generally require security measures for loans, and there are several common types of security measures: pledges, mortgages, and guarantees.
After the loan is overdue, the bank will make a collection, but assuming that you are in jail, this time the collection is useless, at this time the bank's first disposal is to deduct your savings card in the name of the bank in the funds for the return of arrears (cross-border can not be realized for the time being deductions, you must wait). If the funds after the deduction of the savings account is enough to cover the entire loan, then there is no problem, this debt is considered to be two clear.
For the pledge: If the funds in the savings account is not enough to return all the loans, the bank will be on you, after the judgment in favor, the disposal of the auction of the pledge for the repayment of the difference in the loan; if the auction price of the pledge is not enough to repay the difference, the difference in the loan, then it will be applied for the compulsory execution of other property in the name of the parties (for example, your deposits in his bank or the vehicle under your name). etc.). Without other assets, the bank will blacklist the person concerned, and at the same time will restrict the person's high spending until it is repaid.
For the guaranteed: if the funds in the savings account is not enough to return the full loan, the bank will be you and the guarantor, after the judgment in favor of the guarantor to the guarantor to recover, after that it is the guarantor and your personal debt claims, but assuming that the guarantor is also not enough to repay in full, the result is the same as the disposal of collateral, continue to apply for the execution of other property in your name.
The bank's most headache of a class of loans that is credit loans, credit loans overdue, is often the biggest part of the bank's losses, because there is no guarantee measures, and a person if they are all going to jail (in addition to special circumstances, such as DUI), a lot of people do not have any property in their name, and at this time, often owed as much as how much is how much of the bad.
For credit loans, the bank will generally look for the borrower's next of kin, consulting on whether they can help repay the small amount of money many of the next of kin will help repay the money, but the large amount of money there is no way for the large amount of money owed to the final disposition and the above measures of guarantee the final still have a difference in the disposal of the same (and, dispose of the borrower's name, the disposal of other assets), if there is really no other assets to dispose of the
Some banks have determined that non-performing loans can not be recovered for a long time, will be such non-performing loans unified package auction to the asset management company, so the last will become your debt with the non-performing assets of the company's debt problems, and the bank has nothing to do with it.
I recently happened to meet a similar real case, I'll briefly describe the ins and outs of this case, and finally how to deal with.
A drunkenly drove a motor vehicle, and then had a car accident while driving, killing an innocent pedestrian. According to the relevant laws, although drunk driving is an exemption for insurance companies, but in order to take into account the protection of the legitimate rights and interests of the victim, as well as the maintenance of social harmony, the insurance company should be in the insurance limit of the compulsory insurance first advance, and then find the perpetrator of the accident to recover. In other words, the law actually transfers the risk of the perpetrator not being able to pay from the victim to the insurance company.
After the insurance company pays out the money, the perpetrator also goes to jail for committing a traffic offense. After the insurance company initiated the recovery process, it filed a lawsuit against the people, and then the case went to trial in the prison court.
During the trial, the perpetrator said that he was serving a prison sentence and was not solvent at all, so he requested that the debt be honored when he was released from prison. The insurance company also understands that it is unrealistic to ask a person serving a prison sentence to repay the debt, as long as he is willing to recognize the debt, and then wait for him to be released from prison and then slowly implement. So, the insurance company and the perpetrator reached a mediation agreement in court, according to the law issued by the mediation.
So, although you are already in jail, the bank will file a lawsuit in time in order to make sure that the statute of limitations on your claim will not pass. The fact that you are already in jail does not prevent the trial from proceeding smoothly. The first thing you need to do is to get a good deal on a mediation agreement with the bank. After all, the bank won't ask you to pay back the money now that you're in jail.
I've been in jail, but now I'm still carrying the bank's liabilities, what to do is not what you think, but what the bank thinks, when the bank disposes of all the assets in your name, you still can't pay off the loan you owe the bank, or you have nothing, then you will have these liabilities in your name all your life, and you will have to pay them back later when you get out of jail.
If you have a spouse, you are in jail, but your spouse is not in jail, then you owe the bank loans, your spouse is responsible for repayment, if your spouse is also unable to repay your loans, the bank will apply for disposal of property or stocks and other assets in the name of the couple, used to repay the loans that you owe, if the couple have nothing in the name of the assets, the loans have been unable to repay, you will be burdened with these loans for the rest of your life. You will be burdened with these loans for the rest of your life, and the bank will also collect on you one day after you are released from prison and have a job income.
If you don't have a spouse and you are currently in jail, then the bank will look for the person who guaranteed the loan for you to repay the loan; when the bank sells all your assets and still can't repay the loan that you owe, or you have nothing, any assets are gone, and can't repay the loan, then the guarantor is responsible for repaying the loan, and the guarantor is reluctant to repay, and the bank will ask the guarantor; if the guarantor also There is no ability to repay your loan, then there is no way out, can only wait for you to get out of jail, have the ability to repay.
In short, you're in jail, but the loans owed to the bank still have to be repaid, and if the bank tries everything it can or can't recover the loans you owe, then you'll have to carry them for the rest of your life, and after you get out of jail, the bank will still be collecting.
Parties in jail, owe the bank loan how to do, here involves two protagonists, one is the parties how to do, one is the bank how to do, on these two parties to do a brief analysis.
On the parties to do, the debt is a natural right, if the parties have the ability to repay, arrears due, certainly normal repayment, if the inability to repay, that the spouse as well as immediate family members should be liable for repayment obligations.
About the bank how to do is more simple, if the repayment period, normal recovery of debt can be, if the party and the spouse or immediate family members are unable to repay, that can only do bad debt loss, of course, the party or family members in the future credit is likely to be affected.
Lastly, I hope that our society is a harmonious society, live in peace and work in peace, do not break the law, do not harm society, do not give society a burden, do a good legal and law-abiding citizens
The subject has been jailed can still play the phone question? Awesome ~~
Well, to get back to the main story, jail is a criminal case, and the loan is a civil case, the two do not affect each other, so even if you are in jail, the money should be paid back or have to be paid back, for the people who are in jail, the bank in the processing of the loan is generally to take the following ways:
If you have a real estate in your name, a private car, the shares of the company, shares, funds, gold, and other assets
If you have assets in your name such as real estate, private cars, company shares, stocks, funds, gold, etc., according to the principle of debt priority repayment, the bank will dispose of these assets at auction and use them to repay your debts.
If you don't have any assets in your name, and you don't have a job, and you don't have the ability to repay, the bank will treat the loan as a bad debt.
If the person loan funds are used for husband and wife *** living together, after one party violated the criminal law and went to jail, the other party is obliged to repay this loan on behalf of the other party, it should be emphasized that, if this loan is not used for husband and wife *** living together, the other party of the couple has no repayment obligations, so the loan is generally required to be present on both sides of the husband and wife.
In the bank loan, if you don't have collateral, to get a loan you have to find someone to guarantee, if the person in question violates the criminal law and goes to jail, then the bank will require the guarantor to repay this loan.
In general, if the person has been jailed, the loan is due without repayment, the bank can be enforced to the enforcement of the property can be suspended, suspended after the disappearance of the situation, the resumption of the implementation.
The above is my personal opinion, welcome to leave a message to discuss ~ ~
Jail and your loan formation of liability obligations are not in conflict, the bank will not be because you have been in jail, you sympathize with you and give up the recovery of your debt.
First, there are other collectors or things
①If your loan is against, then the bank can be based on your loan when you sign the pledge contract, according to the law of your pledge for judicial disposal, auction against the loan.
②There is a guarantor to the guarantor recourse, the guarantor assumed joint and several responsibility for the loan, the amount of this loan to pay all the repayment obligations.
3 according to the purpose of the loan, if used for family consumption can be recovered from the family, if used for production can be recovered from the business partners.
④ Loans occur during the marriage, you can recover from the lender's lover in accordance with the law.
Second, the credit loan without collateral
For example, the credit card, during the prison sentence can not repay the debt, you can entrust the family or other people to repay the debt on behalf of. If you don't have the ability to repay the debt and don't have a relative who is willing to pay for you, then your loan can only continue to be repaid after you have the ability to repay the debt after you have completed your prison term.
But the penalty and interest rates, as well as the default charges on your credit card while you are serving your sentence, are still in the process of being calculated, and after you are released you can negotiate with your bank to pay less or nothing in order to reduce the costs involved and minimize your losses.
Real life, there are always some people's ideas are very naive, such as their own jail after the loan owed to the bank can not pay, can wait until after the jail out, and then continue to spend their own life. Or they can sit in jail and let their families live happily ever after.
People like this are born to be in jail and should be punished severely by the law.
We say that imprisonment is a criminal case, a consequence that the person concerned deserves for having violated the law of the land and harmed the interests of the state, the collective or others. And the loan is an agreement between the lender and the bank, is the embodiment of the lender's rights and responsibilities. That is to say, the right to enjoy the loan, bear the responsibility to repay the loan. If the loan cannot be repaid in time, the bank has the right to recover it through judicial means.
So, the lender for some reason, was taken legal measures, or even jail, does it mean that the credit relationship with the bank is also over? Obviously not. Because, criminal cases do not exclude the economic relationship, the lender went to jail, the bank's loan repayment responsibility, but also not because of jail on the disappearance of the bank will continue in accordance with the provisions of the law, according to the law to recover.
First of all, it is important to see if this loan has collateral measures. If there are collateral measures, including real estate, equipment, cars and so on. As long as it is collateral, the lender and its related interests, family members and so on have no right to dispose of it, but must be disposed of by the bank. Whoever disposes of it must not only recover all the money disposed of, but also hold the disposer legally responsible.
The second thing to look at is whether there are security measures. If there are security measures, no matter who is involved, the bank has the right to recover the debt from the guarantor through judicial channels until all recovered. Therefore, the guarantor is one of the lender's unshirkable responsibilities.
Third, *** with the person in interest to bear the responsibility of repayment. If it is a partner of the business, after the lender is in jail, the business partners also have to bear limited or unlimited liability, depending on the partnership. In the case of a sole proprietorship, family members, especially wives or husbands, are liable for reimbursement as long as they are **** co-interested.
Fourth, after release from prison still have to bear the responsibility of repayment. Even if you are in jail, as long as the loan has not been paid off, after release from jail, you still need to bear the responsibility of repayment, you need to slowly pay back, rather than sitting in jail after all is well.
Sentenced to jail after the mortgage mortgage no way to pay, the bank will be how to deal with?
After sentencing to prison there is no way to repay the mortgage loan yourself, which will lead to a situation of broken payments, after a few periods of non-repayment the bank will pay attention to your emergency contacts to understand the situation and negotiate the possibility of repayment by them on behalf of you. If none of your family members accept to help you repay the loan, or if there are no other family members at all, then the bank will take the next step.
01 The bank will investigate your situation through a lawyer, knowing that the jail, will go to the prison to negotiate a solution
Because serving a sentence inside the prison is not only no freedom of the person, the communication calls are also no freedom to make calls are required to the police to approve, before you can call their own relatives, this kind of phone call is called a phone call of affection, and the general other people's phone calls are not agreed to call.
The bank's lawyers, after learning about the prison situation, will come to the prison to apply for a meeting with the lender, and discuss with the lender how to solve the problem of repayment, because it is a negotiated settlement, there will be the following two options:
One is to find a way to pay back the lump sum and terminate the contract. Or negotiate for someone else to fulfill the repayment obligation on your behalf.
The second is to find a way to terminate the contract, involving the lender, the developer, the bank's triangular relationship, to be three-way consensus.
02 Banks directly to the developer
Because the mortgage repayment of housing, the developer is usually a joint and several guaranteed repayment, in the case of the lender did not repay the loan on time, the bank will be directly requesting the developer to repay the developer, and the developer must pay.
The developer was after, will be to the buyer in the form of a right of recourse you still liable. At this point to face is again the beginning of the situation described, the developer's lawyer may communicate with you to find a negotiated solution, or withdraw from the house, the two sides to cancel the contract, each returned to the part that has been fulfilled.
As a criminal, it depends on the specific sentence of a few years, in order to give advice, if it is a short period of time, in less than two years, you can negotiate a temporary suspension of the performance, and then resume the performance after getting out of prison.
Conclusion
People in prison, just to the prison after the opportunity to contact the outside world, we must find a way to contact people as soon as possible and entrusted to them to deal with their own civil affairs outside, so that you can rest assured that the inside of the prison to undergo rehabilitation, and strive for the opportunity to reduce the sentence.
Good behavior, positive cooperation for criminals to deal with prison life the most correct way.
1. The bank will send a letter urging his family to repay the loan on his behalf; 2. If his family refuses to repay the loan on his behalf, the bank will sue the court for the cancellation of the loan contract and the exercise of the mortgage; 3. The court session will be held in the prison, and at this time, the two sides are likely to reach an understanding to continue to repay the loan and pay a small amount of liquidated damages; 4. If no understanding can be reached, a judgment will be made to terminate the contract, and the borrower will pay back the entire loan in one lump sum; 5. The verdict After the judgment comes into effect, the mortgaged property will be auctioned online during the execution process. The money from the auction of this house will first be used to repay the bank's loan, and then returned to the property owner if there is any surplus.
The consequences of mortgage delay or inability to repay: 1, is a breach of contract, to bear the responsibility of breach of contract. 2, the bank will be sent to collect the loan, but also to bear the corresponding penalty interest. 3, if the bank, will be to the application for the preservation of personal assets (real estate, cycling, deposits, stocks, etc.) 4, if in a certain period of time can not pay back the mortgage, it will be entered into the credit system blacklist, later will Increase the difficulty of loans or not be able to make loans, credit cards are also difficult to handle. Consequences of overdue: 1, if a failure to repay, the bank will be notified by phone or text message form, at the same time will produce a penalty interest. 2, if three times failed to repay, the bank will be sent to collect, at the same time will produce a penalty interest. 3, if the overdue six times and above, will be to legal means to collect the mortgage, the property will be frozen during the period of time. 4, if the bank and the borrower negotiation is fruitless, the bank will be through the legal process on the The actual property will be sold by auction.
My neighbors in the same district, single a person, 15 years to buy a house, 16 early because of the fight hurt others were imprisoned for a year and a half, during the period of the mortgage did not pay, the bank lawyers all kinds of let him sign commissioned by the bank to auction the disposal of the house, he has not agreed. To the second half of 17 years out of the house sold, pay off the bank loan after the remaining one million two hundred thousand in cash
Bank loans when to return, unless it is an accident or a normal death do not have to return, any other reason to pay back, so that your personal reasons for imprisonment have the obligation to return the loan.
Generally overdue to a certain time did not return the loan, the bank will contact you the borrower, because the borrower is in jail will certainly not be able to contact, so the bank can only contact the borrower's family and work unit to verify the situation.
First of all, the bank will certainly require the borrower's family to return the loan, if the family does not return the loan the bank can only do ideological work, to reach the bank's deadline or not return that the bank can only go to the legal process only.
No mortgage repayment on time, the bank will send a letter of collection, when the overdue reached a certain time limit the bank will start the litigation process, and then the auction of the property to repay.
The money sister reminded: civil liability is civil liability, criminal liability is criminal liability, pay back the money civil liability is not due to jail (criminal liability) and exemption.
The bank may transfer or sell the house.
If you think you will not be able to get your finances back in order for a long time and have to transfer the mortgage to relieve the stress. Then, it is recommended that you first seek the bank's permission to transfer or sell your home. You don't have to worry that you can't transfer or sell your home while you are still paying the mortgage. Because, there are specific ways of transferring a mortgage transfer for a house that is still in mortgage repayment; these will not be a problem as long as both the bank and the buyer are willing to accept them.
Seriously overdue houses are repossessed by the bank and used for foreclosure.
After the bank, all the costs of the execution will be borne by you
Sentenced to jail after the mortgage can not be on schedule normal repayment, first of all, the bank will let the account manager in accordance with the address on the mortgage loan agreement signed at the time to send a reminder notice, if there is a *** with the repayment of the person, it is best to let the *** with the repayment of the person to pay back the loan monthly payments; if the limited period of time is still not repayment, the bank will the If the loan is still not repaid within a limited period of time, the bank will transfer the loan to the legal department responsible for collection to go through the legal process, and finally auction the property, repay the bank loan, and return the excess amount to the borrower.
If your family didn't help you, then in all likelihood the bank will auction off the property
This has nothing to do with sentencing. It's a civil matter, not a criminal matter.
The bank will definitely collect the debt at first. After that, they should go through the legal process and auction the mortgaged property.
How to deal with the loan after conviction
How to deal with the loan after conviction? The general treatment is as follows: 1, when the lender is in jail for a crime, if the balance in the card is enough to pay the mortgage, then everything is still in order.2, if you have no money in the card, but the lender is in jail, then you can also let your family members to help pay off the loan.3, the bank will ask the lawyer to apply for a meeting with the lender, and then both sides will negotiate, and then give a solution.4, if the lender is unwilling or incapable of repaying the remaining loan in one go, then the lender will be able to pay off the loan in one go. If the lender is unwilling or unable to repay the rest of the loan in one go, then the bank will auction off the lender's property.
Article 394 of the Civil Code defines a mortgage as a pledge to secure the performance of a debt, where the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor, and where the debtor fails to perform the debt due or where the circumstances agreed upon by the parties for the realization of the mortgage occur, the creditor has the right to be compensated preferentially for the property. The debtor or a third party under the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property for which security is provided is the mortgaged property.
Can you get a mortgage with a jail record
Identity card with a record will not affect the loan, only in the loan qualification review will be more stringent, as long as it is not an economic class of the record, you can generally get a loan, the bank loan conditions are as follows: 1, the borrower's valid ID card, account book; 2, proof of marital status, unmarried need to provide Unmarried certificate, has been divorced need to issue a civil mediation or divorce certificate (indicating that the divorce has not remarried); 3, married need to provide the spouse's valid ID card, household register and marriage certificate; 4, the borrower's income certificate (six months of consecutive salary and income certificate or tax vouchers local); 5, the title of the property certificate; 6, the guarantor (you need to provide ID cards, household registers, marriage (unmarried) certificate, etc.).
Legal basis:
"Chinese People's **** and the State Commercial Banks Law"
Article 35 of the commercial bank loans, the borrower's borrowing purposes, repayment ability, repayment methods and other circumstances should be strictly examined. Commercial bank loans, shall implement the system of examination and loan separation, hierarchical approval.
Article 36 of the commercial bank loans, the borrower shall provide security. Commercial banks shall guarantee the repayment ability of the guarantor, collateral, pledge ownership and value and the feasibility of realizing the mortgage, pledge to conduct a rigorous examination. After the commercial bank review, assessment, confirmed that the borrower's creditworthiness is good, can repay the loan, can not provide security.
The People's Republic of China *** and the National Code, Article 1,034 of the natural person's personal information is protected by law. Personal information is a variety of information recorded electronically or otherwise that can identify a specific natural person, either alone or in combination with other information, including a natural person's name, date of birth, identity document number, biometric information, address, telephone number, email address, health information, whereabouts information and so on. For private information contained in personal information, the provisions on privacy shall apply; if there are no such provisions, the provisions on the protection of personal information shall apply.
Can someone who has been convicted of a crime still get a loan?
Yes, you can.
Sentenced to imprisonment, as long as the completion of the sentence to return to society that is to restore the identity of the natural person, natural persons, legal persons have the achievement of the contractual relationship between the subject qualification, of course, will not affect the establishment of credit or loan contractual relations with the banking institutions.
At the same time, there is no (and there can not be) legal provisions or limitations, served a sentence or release of correctional personnel can not be loans, of course, loans subject to other conditions attached to the bank.
Personal loan conditions:
First, 25 years of age, with full capacity for civil behavior; and have a permanent residence in China or valid proof of residence.
Secondly, you have a fixed occupation or stable financial income, and can guarantee the ability to repay the principal and interest on time.
Third, a good credit record and no bad credit record.
Fourth, be able to provide bank-approved, legal and effective guarantee.
Fifth, other conditions set by the bank.
Generally, if you meet the above conditions, you can apply for a loan from a commercial bank.
Expanded Information:
Application Procedures
1, signing the subscription letter: the customer and the real estate development company that has contracted the bank to sign the subscription letter, and pay the first installment of the purchase price to the real estate development company;
2, for the application: the customer to the bank commissioned by the law firm for mortgage application procedures, including the submission of personal data, payment of fees, fill out the legal documents;
3, the review of the payment: the law firm of the customer's application for the first review, followed by the bank for approval; if the review is not qualified, the return of the customer's information and the fees charged;
4, the other legal procedures : The law firm handles insurance, notarization and mortgage registration and filing of mortgages on behalf of the client;
5. Loan disbursement: The bank transfers the loan amount to the developer's account and notifies the client to start the repayment of the property.
Processing rules
1. Customer application
Fill out the loan application form as required.
2. Customer Submission
Identification documents of the applicant, including valid resident's identity card, household register, and proof of residence. If you have a spouse, you should also provide a marriage certificate, the spouse's resident identity card and relevant identification materials.
(1), individual owners of business licenses and tax certificates.
(2) Guarantee documents should be submitted if the loan applied for requires guarantee (including mortgage and guarantee).
3. Review
(1) Whether the materials submitted by the customer are complete, whether the stamped official seal is clear, whether the name of the lending enterprise and the business license are in line with the completeness, legitimacy, standardization, authenticity and validity of the materials.
(2) The currency, term, amount, guarantee method, borrowing purpose and negotiation of the credit business.
Is it consistent.
(3) Whether the purpose, term, amount, method of guarantee, and basic information of the proxy for the credit business application are consistent with the resolution of the shareholders' meeting or the resolution of the board of directors. Whether the signatory on the relevant resolution is in accordance with the provisions of the articles of association of the company's organizational documents.
(4) Business license and other valid certificates that have passed the annual audit.
(5) the review of collateral or guarantee materials, whether the collateral is sufficient, whether the guarantor has the ability to guarantee the full amount. After the review of customer application materials, if the materials are incomplete, the operator is required to return the application materials to the customer and do a good job of explaining.
If the materials are complete, then check the originals and sign the signature of the customer on the photocopy that the original is the same as the photocopy. Confirmation and then fill out the "Credit Business Evaluation Handover Sheet". Entering the investigation stage should be completed within half a working day.
4. Credit Evaluation
(1) The overall creditworthiness of the customer, including the credit status of the People's Bank of China and the social credit status.
(2) Asset and liability status, property status.
(3) The purpose of the loan, whether the source of repayment is reliable.
(4) Whether the mortgage or guarantee is feasible.
5, Approval
6, Implementation of pre-credit conditions
7, Signing of contract, including guarantee or mortgage contract
8, Expenditure
9, Credit registration
10, Accounting
11, Post-credit checking
12, Recovery of loan