Taking a loan is common these days, whether for a house, car, education, or personal expenses. But have you ever wondered what happens if the borrower dies before fully repaying the loan? Will the bank cancel the debt, or will the family have to bear the burden? Understanding how banks handle this situation can help you plan better and avoid unexpected stress for your loved ones.
The Role of the Loan Guarantor
A guarantor plays a crucial role in loan approval. If the borrower dies, the bank will first approach the guarantor (if there is one). The guarantor is legally bound to repay the outstanding loan amount. That’s why agreeing to be someone’s guarantor is a huge responsibility. If you are signing as a guarantor for someone’s loan, make sure you trust their financial stability and repayment ability.
What Happens to Secured Loans?
Secured loans, like home loans, car loans, and gold loans, are backed by collateral. If the borrower dies, the bank will take action to recover the dues by seizing and selling the pledged asset.
- Home Loan: If the borrower has taken a home loan and passes away, the bank can auction the house to recover the loan amount if no one repays it.
- Car Loan: The bank has the right to seize the vehicle and auction it off.
- Gold Loan: The pledged gold will be put up for sale if no one clears the outstanding amount.
In simple terms, if the borrower’s family or co-borrower does not pay, the bank will sell the asset to recover its money.
Will Family Members Have to Pay the Loan?
Family members are only responsible for repaying the loan if:
- They are co-borrowers (joint loan holders).
- The deceased borrower’s assets are inherited by family members, in which case outstanding debts must be cleared first before the legal transfer of assets.
- The loan is secured, and the asset is in use by the family.
For unsecured loans like personal loans and credit card loans, banks do not have the right to pressure family members for repayment unless they are co-borrowers or guarantors. However, if the borrower’s estate has assets, the bank can legally claim repayment from those assets before distribution to heirs.
The Importance of Loan Insurance
Loan insurance is an effective way to protect family members from financial stress. If the borrower had loan insurance, the insurance company would settle the loan with the bank. This is highly recommended, especially for large loans like home loans.
Some types of insurance that cover loan repayment include:
- Home Loan Protection Plan (HLPP): Covers home loan repayment in case of the borrower’s death.
- Term Insurance: Can be used to repay outstanding loans if the policyholder dies.
- Loan Protection Insurance: Specifically designed to cover different types of loans.
If you have a big loan, getting loan insurance is a wise decision. It provides peace of mind that your family won’t have to bear the financial burden if something happens to you.
Legal Action by the Bank
If the bank is unable to recover the loan through any of the above means, it may take legal action. The most common legal steps include:
- SARFAESI Act: The bank can seize and auction properties of defaulters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act).
- Court Case: If necessary, the bank may file a case in court to recover the outstanding amount.
- Claiming Other Assets: In some cases, banks may claim other assets of the deceased borrower if legal provisions allow it.
Steps to Take for a Smooth Loan Closure
If you have a loan, here are some important steps to ensure your family doesn’t face difficulties:
- Consider Loan Insurance: If you have a significant loan, get loan insurance to cover repayment in case of an unfortunate event.
- Nominee & Will: Clearly mention a nominee in financial documents and consider making a will to specify asset distribution.
- Inform Family: Ensure your family members are aware of your loans and the steps to take in case of an emergency.
- Timely Payments: Keep a check on EMI payments and try to close loans early if possible.
- Read Loan Agreement Terms: Before taking a loan, always read the terms carefully regarding what happens in case of the borrower’s demise.
Understanding these aspects of loans will help you make better financial decisions and protect your loved ones from unexpected stress in the future.
