Parole

Although a couple of years ago the situation was quite different. In some banks the share of loans under the "parole" was back in 2007 to 70% of loan portfolios. And right now on these loans taken out for 1-5 years, lost their jobs borrowers stopped paying. Since the bank is still with someone to claim the money, lenders look drawn to the guarantors. Let's try to figure out who someone should. Rights and obligations of Guarantor set forth in Articles 361-367 of the Civil Code (CC). The essence of the guarantee that a person not a party to the commitments, promises to completely or partially responding to the lender in case the debtor himself will not perform this obligation. If the sponsor fails to comply with an obligation voluntarily, the creditor is entitled to claim for performance of an obligation to the court. Guarantor of repayment Guarantors are not co-borrower on the loan because the loan is given to one particular person, but each surety is jointly and severally liable with the borrower to the bank, and the entire amount of the loan and accrued interest, penalties and interest. In fact, the guarantors guarantors loan repayment. "With the timely performance of obligations by the borrower on the loan the bank is not worried about the guarantor, - says Irina Golovlyov, head of consumer lending PSB. - In case of delayed payment, the bank informs both the borrower and all guarantors of the loan. If it turns out that by virtue of any circumstances, the borrower can not pay your loan, the repayment of the loan falls to the surety in the amount of which is registered in the main contract and the contract of suretyship. As a general rule, it is full, not partial responsibility to the banks. " Creditor is entitled to seek recovery from the guarantor percent due to the delay in performance provided by a monetary obligation to the actual debt (Art. 395 CC). In this case, interest is calculated in the same manner and amount in which they were to be reimbursed by the debtor on the principal obligation, unless otherwise stipulated by the contract of surety. Upon receipt of the bank's written demand to fulfill the obligations under the loan agreement the guarantor may not raise objections to it. "The contract of guarantee must be given all the conditions of the loan. This is the amount, term, rate, commission, repayment terms, fines for late payment, the dates on which the bank may make a claim against the surety of repayment of debt," - recalls Elena Korneev, Head of Retail Lending Credit Bank of Moscow. Outsiders debts Few friends and relatives of the borrower thinks about the consequences, putting a signature in a contract of suretyship. To what extent and in what cases they are responsible for delay or failure to return the loan? "Joint and several (equal to the borrower), vicarious liability occurs in all cases of default under the loan agreement, including a partial failure. The volume of vicarious liability in a contract of guarantee, except for references to jointly and severally liable to the creditor, may contain a condition under which" the surety is responsible to bank of all its assets (including cash) in an amount established at the time claims "- is responsible Alexander Vasilyev, deputy head of retail operations, bank" Revival ". That is, in fact, the surety is the same borrower, but have not received any money from the bank ". Pledger along with the borrower is fully responsible for compliance with loan agreement and the borrower has an equal responsibility for its failure to perform, unless otherwise stipulated in the contract. Banks' claims on the surety on the performance of the contract usually occurs if the bank can not recover the debt from the borrower "- continues to Anna Pankratova, Director of Marketing Retail, NOMOS-Bank. Even with the death of the borrower's debt will not disappear. Under a contract of guarantee guarantor is obligated to the creditor of another person responsible for the execution of the last of his obligations in full or in part. surety obligation is limited only by the duty to bear responsibility for the debtor, and does not perform for him. "Death of a citizen of the debtor shall result in termination liabilities, unless the duties of his execution does not go succession to the heirs of the debtor or other persons specified in the law - says Alexander Vasilyev. - Thus, in the absence of the estate and the heirs of a deceased borrower's fulfillment of obligations to repay the outstanding amount has ceased in accordance with paragraph 1 of Article 418 of CC. Consequently, the guarantee agreement entered into in the enforcement of the borrower's obligations under the loan agreement will also terminate. "But if it's nothing to inherit, and if you have something? Guarantor will still have to give someone else's debts, but the bank at the same time, in accordance with the Civil Code may be to foreclose on finding the property of the deceased borrower's estate, which passes by inheritance to other persons in accordance with the will or the law, added the head of the development of consumer credit Gazenergoprombank Herman Belous. Husband and wife - one of Satan Practice shows that the guarantors vaguely imagine what would be at risk its obligations. "Some of the guarantors, speaking at such a bank loan, consider that they simply confirm that the borrower - an honest and decent man and will be regularly paid, without assuming that they take responsibility for the loan," - says a leading Specialist of private lending Rosavtobanka Catherine Zemlyakova. Some potential sureties, signing a contract, do not realize the responsibility that will carry it. "One of the misconceptions is the view that in case of default the debtor's obligations to the lender - first collection will be on the mortgaged property . However, the Bank determines, contact him with their demands to the surety or mortgagor, either all at once, - said Irina Golovlyov. - However, if the contract provides for vicarious (optional) vicarious liability, which means that, before their claims against the surety, the creditor must address their principal debtor. "Another common misconception is that the bank is entitled to insist on payment of the loan, together with all sureties . In accordance with the laws of the creditor is entitled to insist on payment of the loan as sureties, together with all and any of them. Many people believe that at any moment may refuse bail. However, the refusal of bail is not grounds for its termination (Art. 367 CC ). In addition to the basic fallacies of guarantors, who are "not looking" sign the agreement: "I have no risk" and "surety does not risk their finances," fairly common "guarantee will not spoil my credit history." It's not. "If the borrower has not executed conditions of the loan agreement, the bank requires a guarantor of its performance. When the surety evades the obligations, the bank filed a claim for debt repayment and the borrower and the guarantor, and the latter also raises a negative credit history, "- emphasizes Anna Pankratova. One of the main guarantors of errors - the former husband or wife for the debts of the former -spouse is not the answer. It is not, in accordance with Article 45 of the Family Code, the obligations of one spouse penalty may be levied only on property of that spouse. The failure of the property the lender the right to demand partition of the share of the spouse of the debtor, which would be due to a spouse, debtor under division of marital property. If the wife enters into agreement with the bank guarantee, after a divorce the contract is legally binding and provides the performance of the obligations of the borrower. As long as the borrower regularly make payments, the bank does not affect the guarantor. But in the event of overdue bank loans immediately take up the job. Notice of the need to repay immediately sent to the borrower and its guarantors. In most cases, the guarantors convince the borrower to repay a debt, or pay them to avoid litigation, but in practice there are cases of appeal to the courts. "Typically, the reaction should be fast enough . In this case, to call the bank sponsor is looking for contact with the borrower, to investigate the cause of default of the contract and trying to negotiate with the lender, which definitely has its results, - says Alexander Vasilyev. - But in some cases the bank goes to extreme measures and appeals to the court, while a defendant in a civil process involved and the guarantor, sharing with the borrower provided in the contract responsibility. "Of course, the guarantor, who performed the obligation may require the debtor to pay interest on the amount paid by them to the lender, and compensation for other damages incurred in connection with liability for the debtor (Section 1, Art. 365 CC). But the surety is responsible to the lender to the same extent as the debtor, and the latter in accordance with Art. 24 of the Civil Code is liable for its obligations with all property belonging to him. In other words, to the point where you can request reimbursement from the borrower, the bailiffs have already will make a last property of the apartment a guarantor. The main misconception of guarantors: the contract of guarantee - just a formality required for the bank; responsibility for repayment of the loan is the borrower, the liability can not be passed on to others, the contract of guarantee may be waived, the bank goes to court with the requirements of the loan only to the borrower, vicarious liability is limited to only the principal amount.