The person who bought the house on behalf of the buyer died. Who will bear the property fee owed before the house is handed over to the bank?

What about the mortgage when the buyer dies suddenly?

Hello! In this case, there are three options: first, the heir inherits the house and continues to repay the loan. The second is to repay the loan with other property left by the decedent before his death. Third, no one will bear the loan, and the proceeds from the auction of houses will give priority to repaying the bank loan. If there is any surplus, the successor will inherit it.

The following is explained in two aspects: according to the provisions of the inheritance series of China's civil code, if the decedent has debts before his death, he should first repay them with his inheritance, and the rest will be inherited by the heir after repayment; If the inheritance is not enough to repay the debt, the heir shall not be forced to bear it. Except that the successor voluntarily assumes the responsibility. When the buyer dies, the loan can be simply understood as a debt owed to the bank before buying a house. According to the above provisions, if the decedent has other property (such as deposits) that is sufficient to repay the loan, it will be used to repay the mortgage first. Corresponding to the second choice in the opening conclusion.

If the decedent has no other property to repay the loan, if the above provisions are dogmatically applied, then the house can only be auctioned, and the bank loan will be repaid first with the proceeds from the auction, and the rest will be inherited. Corresponding to the third choice in the opening conclusion. However, there is another situation for the inheritance of a house with the nature of debt (mortgage): if the heir wants this house and is unwilling to sell it, then he must follow the principle of equality of rights and obligations: if he wants this house, he must bear the corresponding debts. Therefore, inheriting the inheritance equals inheriting the debt, which corresponds to the first choice in the opening conclusion.

How to "inherit" mortgage? Suppose the first choice is made. Two points are emphasized here: 1. Generally speaking, the share of inheritance should be equal to the share of repayment. For example, two heirs share their share of the estate. Then, two people should also divide the mortgage at the same time. You can't say, "Let's divide the house and pay off the mortgage". Of course, if two people have a consensus, the negotiation shall prevail.

2. Heirs should go through the inheritance procedures first. The purpose of going through the inheritance procedure is to make sure that the successor is the person legally obligated to repay the loan. Therefore, you can't go directly to the real estate registration center to handle the property inheritance procedures like buying a house with a loan.

There are only two ways to handle the inheritance procedures of the loan house: one is to go to the notary office (obtain the notarial certificate of inheritance right) without dispute. The other is to take the form of litigation (get a court judgment, mediation or ruling). For example, one party only wants to inherit but doesn't want to bear the loan, one party wants to inherit but can't bear the mortgage, and the other party is unwilling to share it. It's controversial anyway. After completing the inheritance procedures, take the above documents to the loan bank to change the repayment person.

At this point, it should be noted that some families may find it troublesome to handle the inheritance procedures and choose to repay the loan in the name of the decedent. This practice, if there is no dispute between heirs, is not risky, but it is inevitable to go through the inheritance procedures in the future. If there is a dispute between heirs or there is a potential dispute, it may amplify the risk of future disputes.

More than 99% families will face inheritance problems! Continue to tell you stories about testamentary succession around me, and systematically explain the professional knowledge of testamentary succession for you.

Legal basis:

"Property Management Regulations" Article 7 Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.