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Termination of mortgage payments threatens with fines, the appearance of a negative credit history, that is, all the same consequences as when payments are stopped without revoking a license from a bank, up to the loss of an apartment (when selling it at auction to pay off debts).
Actions of the borrower in case of bankruptcy of a mortgage bank
The main task of the client of the collapsed bank is to continue to fulfill obligations under the loan agreement. The provisional administration of the credit institution must inform the borrowers about the new details for transferring payments ( ). If for some reason a notification with new details has not been received, you should contact the bank yourself to clarify the information. Lawyers advise, until new information is received, not to stop payments and deposit money into the account indicated in loan agreement keeping all receipts.
There is another solution to the problem, less popular, which the Civil Code suggests:
Clipping from Article 327 of the Civil Code of the Russian Federation: click to enlarge
In the absence of a creditor, possible introduction Money to the notary's deposit , this action will be equated to the fulfillment of the terms of the agreement concluded with the bankrupt bank. The services of a notary should be used primarily by those borrowers who have an impressive amount of the remaining debt and are not ready to take the risk of delays even if it is possible to challenge them in the future by providing documents confirming the payment.
You will need to set out in the application all the parameters of the loan, indicate the reason for contacting the notary - the bankruptcy of the bank, attach documents for the mortgage. For some time, the funds will be accumulated on the deposit, and as soon as it becomes known to which bank the debt has been transferred, the accumulated funds will be transferred to pay for it. This type of payment will not be regarded as an installment payment, despite the fact that certain period time the money to pay off the mortgage will not come.
In practice, due to the fact that the revocation of a license from credit organizations Recently, it is not uncommon, mortgage debts are transferred to another bank quite quickly, there are few problems with obtaining payment details. Minor hitches can only occur if the bank goes bankrupt just before the due date of the regular payment. You have to pay anyway.
Problems also arise for those who ignore letters from the DIA about the presence of forfeits and the requirement to pay the debt, while waiting for a new creditor. The agency (which acts as a bankruptcy trustee in the event of a bank failure) has the right to demand compliance with the terms of the loan agreement. If payments are not received, a notification will be sent to pay off the entire debt in full in a short time. It is important to prevent such a situation and keep all receipts confirming payments made in fulfillment of obligations under the loan agreement. If the borrower does not agree with the claims made, he can write a response statement with the disagreement of the calculations and attach all the confirmations.
The most naive of the misconceptions that appeared among unscrupulous borrowers during the period of mass revocation of licenses from credit institutions is that it is best to arrange a mortgage in troubled bank, which is about to collapse, then there will be housing, and you won’t have to pay for it. The mortgage will in any case be transferred either by the sale of the mortgage or by the assignment of rights.
The standard by which the mortgage was issued is also important. Often, banks are just agents processing documents, and the debt itself is transferred to another organization soon after issuance. So, for example, if a mortgage is issued according to the standards of AHML or the standards of Delta Credit Bank, then the debt will be serviced in the very organization whose standards were used. And the revocation of a license from an agent bank will not affect the current one in any way. mortgage. Even if the client is used to paying through his bank, nothing will change if he makes payments through a nearby credit institution.
Replacing a lender
The mortgage debt will be transferred to another bank for some time, this is due to the regulations applied to business processes. Credits are transferred not one at a time, but in groups in turn. It is necessary to carefully study the text of the loan agreement, if a bank bankruptcy clause is included in it, the new creditor may demand early repayment all debt. Otherwise, such claims can be challenged if there were no delays.
Another common misconception is that if the debt is transferred to the bank with the best conditions on a mortgage (for example, VTB24) than they were in a collapsed bank, then the borrower is “lucky” and now he will be able to pay less. In order to reduce the rate to the one offered by the new lender at the moment, new customers will have to re-register the mortgage. Not all banks go for it, as they are interested in profit on repurchased debts. And, if the loan was issued not so long ago, but there are more profitable offer, you can refinance in a third-party bank that is neither the old lender nor the new one.
Bank bankruptcy settlements
It is worth asking a new creditor for a certificate of the balance of the debt and a certificate of no delinquency. This action will save you from problems in the future. At this stage, if it becomes known that there are delays, it will be easier to solve the problem by providing all receipts for payment. The later discrepancies are identified, the easier it will be to sort them out.
In practice, discrepancies are most often caused not by the client’s unwillingness to pay, but by the fact that notifications about the change of details are sent to an outdated address, for example, the apartment that the borrower indicated in the application before the change of residence. It is recommended to immediately register the purchased apartment with the actual address (address for notifications). And in the case of moving, inform the credit institution about the change in data.
It is also worth taking into account the possible commission for the transfer in payments for new details. Even a small underpayment, equal to the difference between the payment made, excluding commission, and the required one, can lead to delays and problems in the future, which will be difficult to calculate when settling with a new creditor. It is precisely because of such misunderstandings that clients often feel disadvantaged, having received penalties undeservedly.
Often there are cases when the regulator takes away the license from the banking institution in which the loan is issued. The financial institution is declared bankrupt. Consumers are interested: if the bank went bankrupt, is it necessary to repay the loan and to whom? Let's analyze the issue in detail.
About credit obligations of clients to creditors
What happens to the loan if the bank closes due to financial insolvency? The fact is that the borrower's credit obligations do not disappear anywhere.
Even if the creditor is declared bankrupt, the loan agreement continues to operate. According to him, the debtor is obliged to repay the loan according to the payment schedule. If this is not done in the hope that the banking organization will close and the debt will be forgotten, the debtor will be in trouble.
Failure to comply with the obligations undertaken by the client may result in the imposition of fines and penalties. Sometimes, if it is provided for by the agreement, the lender may put forward a demand to the borrower for the early repayment of the entire loan.
Why pay a bankrupt bank
We will answer the question of whether it is necessary to pay a loan if the bank went bankrupt and why.
First, when an institution closes, its loan portfolio is sold to another financial organization. This means that the financial institution, which is the successor of the bankrupt, will require the client to fulfill credit obligations.
Secondly, the new lender, in the event of a delay on the loan, has the right to raise interest rate irresponsible debtor.
Thirdly, if you do not pay the loan, the bank will sue the debtor. In this situation, when collateral loans are withdrawn collateral. With unsecured loans, the court will decide on the inventory and confiscation of the client's property.
Who pays loan installments if the lender goes bankrupt
The question arises, who should pay the loan if the bank went bankrupt and is now closed? Usually after loan portfolio of a closed bank is sold, letters are sent to clients of a financial institution informing them of a new creditor and specifying the details for making payments.
It happens that such notifications do not reach the addressee. Therefore, the debtor himself needs to be interested in the fate of the loan and find out the necessary information.
The actions of a borrower who learns about the bankruptcy of a financial institution should be as follows:
- contact Main office. After the bank closes, it will continue to operate for some time. You must have a loan agreement and a passport with you.
- The Central Office should give new details for paying the debt.
- If it is not possible to visit the central office of a bankrupt banking institution, you need to call the call center and clarify the necessary information.
- Knowing the new lender, you need to contact him for details. Under no circumstances should you delay.
Is it possible not to pay the loan when the bank is closed
Do I have to repay a loan taken from a bankrupt bank or can I count on a loan write-off? The bank institution that issued the loan, in the case after its closure, the borrower no longer owes. There was a transfer of the debt to a new creditor, to whom the debtor is now obliged to pay.
If you do not pay the debt, the new creditor will begin to apply penalties. The case may go to court, which the bank, which has become the successor of the bankrupt, will undoubtedly win. The debtor will also have to pay legal costs.
So you need to pay the loan when the bank went bankrupt. Payment will be made using new bank details and a new banking institution. Debt doesn't go away in bankruptcy banking organization. The client has a loan obligation.
A bankrupt bank is obliged to inform the borrower about its closure and the transfer of its data to a third party. New lender may offer the borrower to renew the contract on other terms. The client has the right to refuse to sign a new contract if the conditions seem unfavorable to him. Be that as it may, the borrower will have to pay the loan in any case.
Looking forward to your questions below. We will be grateful for the repost and evaluation of the article.
In conditions economic crisis many creditors cannot compete and go bankrupt. Borrowers are wondering how to close the debt of a bank whose license was taken away, and it is worth repaying the loan altogether. Below we will describe the procedure for the actions of the borrower and the company temporarily acting as the management of a bankrupt bank.
The task of the interim administration
All banks are links in the chain of financial relationships. Most often borrowed funds the lender itself is used to lend cash, so the loans will still have to be repaid.
The revocation of the license does not remove liability under the agreement, but the payers will have to find out which accounts it is now worth depositing funds into.
This is reported by the provisional administration by sending letters to the address specified in the agreement. Additionally, an SMS notification is sent.
In the official notice the date of bankruptcy, a list of legislative acts that affected the process, and possibly new details of the loan account, where clients must now deposit money, are indicated. Many companies also ask to renegotiate the loan agreement, but this is a personal matter for each payer.
Before putting a new visa on additional agreement, you should study the terms of the loan so that they at least coincide with the existing ones. In some cases, the administration also gives more acceptable rates for repayment, which is beneficial for customers.
In some cases new company asks for early repayment of the loan after the liquidation of the bank, while promising low interest and writing off penalties, fines and other sanctions.
This is not a requirement, but the right to an agreement remains with the clients of the bankrupt institution. But if there is financial opportunities, then it is most profitable to write off the debt in one payment.
Borrower's actions
Upon receipt of an official letter with a notification of the closure of the bank where the loan is serviced, a number of steps should be taken to avoid trouble and damage to the credit history in the future:
- You should not think about whether to pay or not, but you should immediately contact the civil defense of the old institution. It is there that the temporary company representing the interests of the bankrupt is located.
- Show the loan agreement to employees and learn about new number loan account, where now you have to transfer rubles every month according to the schedule.
- Transferring funds according to old data is fraught with litigation in the future, since money can hang in the system for a long time until it is found.
- If there is no new data, and the payment time is approaching, then it is recommended to deposit funds into old accounts, while retaining the payment receipt. In the future, this will allow you to confirm the transaction.
Hoping that the new company will forget about the borrowers, write off debts towards bankruptcy and other nonsense will only aggravate relations with creditors. And in the future it will simply be impossible to take a loan in Russia, since all the data will still end up in the Credit Bureau.
Not a single legal entity or individual has yet been able to avoid paying off debt taken from a bankrupt organization. In any case, the debt will have to be repaid strictly according to the schedule signed in the process of receiving money.
And one more important point. Bankruptcy, in fact, is a procedure in which there is a suspension of all accrued penalties.
But the accruals and payments of debts to a creditor that has closed are resumed immediately after the appointment of the persons of the interim administration. In order to avoid problems with a new bank, it is better to repay loans on time and in full.
In 2016, the Central Bank of Russia continues to check banking system. Announcements in the media about the revocation of the license have become commonplace, many do not pay attention to them. Everything changes if the structure with which the client is associated is closed contractual relationship. That's when people ask what happens to loans when a bank's license is revoked. We will talk about this in the article.
What happens after the bank closes
The Central Bank revokes the bank's license and operating activities stops. Settlements will not be carried out, the payment of money from customer accounts is suspended.
The next day after the bank closes, a temporary administration is appointed. It is she who analyzes the activities and identifies signs of bankruptcy.
Based on the appeal of the provisional administration, the Bank of Russia makes a decision and sends an appropriate application to arbitration. The arbitration court may issue a bankruptcy ruling.
From this we can conclude that the process is not fast. The bankruptcy process can take several weeks. What should customers do during this period?
Actions of bank borrowers with a revoked license
Let's say right away that no one canceled the obligation to repay the debt. The revocation of a license from a bank is the termination of its activities, but not the abolition of all obligations of borrowers. Therefore, the owners of loan agreements need to make regular payments on certain dates, without delay.
As for details, they are subject to change. Borrowers can obtain new data for making payments at the bank branch itself and on the website of the Deposit Insurance Agency. Information is published there on how to deposit money, addresses of cash points are given.
Borrowers should pay attention to the terms and choose a convenient and safe payment procedure for themselves. If it is not possible to contact the cash collection point, then Postal transfer must be sent in advance to avoid delay. Of course, All receipts for receipt of funds must be kept.
So, after the bank is closed, borrowers need to:
- obtain information from the provisional administration about the details for paying the debt;
- choose best way settlements and make payments without delay;
- keep all documents on payments made.
Unfortunately, the borrower's costs increase: when revoking a license, you will have to pay a fee for transferring money through the mail or an account in another bank. But these expenses are not critical, compared with the problems that will arise in the event of a loan not repaid on time.
What will happen next?
If the bank closed and Arbitration court declares it bankrupt, then a bankruptcy trustee is appointed. Under his direct supervision, the requirements of creditors and depositors are satisfied.
At this stage, the property of the bankrupt bank and credit obligations are sold. Here at the borrowers there is a risk of becoming a debtor of another structure and changing the terms of the contract.
Debts can be transferred to creditors on account of assignment rights or sold at auction. The Borrower shall be notified in writing of the change of lender.
Briefly
Persons who have a loan from a bank that has been deprived of their license are a category of clients who are threatened by a possible bankruptcy with certain inconveniences. However, the recommendations given in this article will help make your life easier.
In the article you will learn:
Law of Conservation of Debt
In no case should you arbitrarily stop making monthly payments! This initiative can have the most negative consequences.
According to the current legislation, revocation of a license from a creditor does not mean the termination of obligations to him. Usually, every bank in trouble has a successor. So he will continue to collect debt from each borrower.
Keep calm
Revocation of the license from a banking institution by the Central Bank of the Russian Federation does not mean automatic bankruptcy. It is likely that the reorganization initiated by the regulator will allow the organization to stay afloat. In any case, each borrower must always be fully armed.
Borrowers can remain calm, even in the event of bankruptcy proceedings with subsequent liquidation. Regardless of the outcome of these processes, the relationship with the creditor usually does not change. Unless, of course, the client follows the recommendations below.
Maintaining contact with the bank
The bankruptcy proceedings are managed either by the provisional administration or by an appointed liquidator. In both cases, the main goal is the same - the sale of the bank's assets in order to settle accounts with depositors and other creditors. One of the varieties of assets are operating loans.
Wait for notification
The liquidator appointed by the Central Bank of the Russian Federation is obliged to notify each borrower in writing that from a certain date the right to claim has passed to another creditor. The latter must inform everyone who has a loan about the new procedure for repaying the debt. Also in writing.
Saving the terms of the loan agreement
All terms of the contract concluded with banking institution, which is left without a license, remain unchanged!
Changing at least one of them unilaterally considered abuse of power!
The successor of the bank may propose to terminate the old one and conclude a new one.
Important!
Before you do this, make sure that the new terms of service will not worsen your current situation.
The borrower may be offered to terminate the contract on the terms of the full lump-sum repayment of the debt. Keep this in mind.
The conclusion of a new and termination of the old contract occurs only voluntarily, that is, it is impossible to force the borrower to do this according to the law.
Must know!
Every borrower with an outstanding loan at a bankrupt bank should know the following:
1. All changes in service (for example, the transfer of the right to claim the performance of obligations to another organization) must be notified to the client in writing. Didn't receive any notifications? Continue to make payments according to the schedule.
2. The absence of a license does not allow the bank to carry out operations on current accounts. Therefore, it makes sense to visit the branch where the loan was issued, or call the support service to clarify the procedure for making monthly payments on the loan.
Important! It would be useful to find out the fate of previous payments (two or three) that were made before the fact of revocation of the license by the Central Bank
3. Clarifications require payment details, according to which the non-cash repayment of the loan was made. In case of any changes, the borrower must be notified without fail. If this does not happen, then repayment should be carried out in a regular manner.
Important! Keep all documents confirming the fact of transferring money on account of repayment. Even if it happens using payment terminals
4. During the bankruptcy procedure, all penalties prescribed in the loan agreement are annulled. This does not apply to accrued interest and the body of the loan! Therefore, they must be paid in full.
Important! As soon as the rights to existing (outstanding) loans are completely transferred to the successor, all fines, penalties and other sanctions will again begin to apply
Where should a borrower go?
In addition to the support service of the creditor bank and its representative offices, the borrower can contact the following organizations in order to clarify the information of interest to him.
Important! In any of them you can learn how to act in a particular situation that develops in the course of relations with a bankrupt bank or its successor
Bank of Russia
Address: 107016, Moscow, st. Neglinnaya, 12, Bank of Russia (for written applications)
