The earthquake and all kinds of natural disasters are unpredictable. The earthquake is irresistible, the house collapses, the casualties are inevitable, and the losses are huge. So after the earthquake, the house is gone, and the mortgage still needs to be repaid? Many people must want to know the answer.
After the
1. The house is down and the people are still there
According to the contract law and other laws and regulations and the housing mortgage loan contract signed by the borrower bank, it is still obliged to pay off the outstanding loan principal and interest.
The reasons are as follows: the buyer pays the full amount of the house money to the developer by borrowing money from the bank, so it has nothing to do with the developer, and the rest is only the loan relationship with the bank, and the house is only the collateral for guarantee, so the house should also repay the house loan to the bank if it falls down.
You have to pay back what you borrowed.
2. The house is still there, but the people are gone
According to the inheritance law, the house is included in the person's estate. First, the heirs use the person's estate to pay off the debt before life, that is, the house loan is paid by the person's estate, but the debt to be paid off is limited to the actual value of the estate.
But in recent ten years, the trend of the real estate market, the house has been appreciation. So, when the house appreciates, the house is still there, the people are gone, and the mortgage still needs to be paid. It's hard to think about this. Who will pay back the mortgage if no one else has it?
3. The house fell down and there were no people left
The loss of the house must be borne by itself, and the house loan must be paid with other heritages in priority.
As long as the bank and signed a mortgage purchase contract, people are still there, no matter whether the house is down or not, the loan will be paid back.
We will think, the house is gone, people don't know how to live and how to pay back the loan? What can the state do to help after the earthquake? Let's see how to deal with the earthquake losses.
1. The force majeure caused by natural disasters cannot be attributed to anyone. But the state and society will give some subsidies.
2. If you buy insurance, and the insurance terms do not exclude earthquake, then the insurance company should compensate, but most of the insurance will exclude earthquake as force majeure.
Did the earthquake house fall to the state compensation?
1. Article 3 of the regulations of the people's Republic of China on the rescue of natural disasters stipulates that the people's governments at all levels shall be responsible for the rescue of natural disasters.
The National Committee for disaster reduction shall be responsible for organizing and leading the relief work for natural disasters throughout the country and coordinating the relief activities for major natural disasters. The Civil Affairs Department of the State Council shall be responsible for the rescue of natural disasters throughout the country and undertake the specific work of the National Committee for disaster reduction. The relevant departments under the State Council shall, in accordance with their respective functions and duties, do a good job in the rescue of natural disasters throughout the country.
The local people's governments at or above the county level or the comprehensive coordination agencies of the people's governments for natural disaster relief and emergency response shall organize and coordinate the work of natural disaster relief in their respective administrative areas. The civil affairs departments of the local people's governments at or above the county level shall be responsible for the rescue of natural disasters in their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the rescue of natural disasters in their respective administrative areas.
2. To sum up, the state has the obligation of subsidy and assistance for the collapse of houses after the earthquake.
Earthquake additional risk
In case of a major earthquake, in addition to personal injury, what we encounter more is the loss of family property. Considering the reconstruction of homes after the disaster, we can imagine the cost. But the reality is that even if many people buy family property insurance, they may not be able to get compensation, because earthquakes are generally within the scope of their exemption. The CIRC has also uniformly stipulated that as a specific natural phenomenon, insurance companies will not claim for property losses caused by earthquakes.
However, some family property insurance includes earthquake insurance. Generally speaking, earthquake risk belongs to catastrophe risk. Many insurance companies require that all items with earthquake clauses attached to property insurance must be declared to the headquarters and can be insured only after being approved. The earthquake clauses of the home property insurance are usually additional insurance. Customers need to choose whether to purchase the earthquake additional insurance after purchasing the main insurance of the home property insurance. The rate of the accessory insurance varies according to different regions. Generally, the rate in the earthquake prone regions will be higher, and the rate in the earthquake prone regions will be lower, so will the number of customers who purchase the earthquake additional insurance.