Sometimes, when a bank loses its license, people think that the obligations on loans taken from it have been terminated. This is a very dangerous misconception because the debt remains and will need to be paid. But what exactly happens to the loan in this case?
From a legal point of view, the situation when a bank loses its license looks like this: credit transactions that the bank and borrowers concluded are terminated, and new transactions are concluded - according to them, the right to claim the debt is assigned to a new person. This is called "change of persons in obligation" and is governed by Ch. 24 of the Civil Code of the Russian Federation. And after that, the right to demand the return of the loan is received by third parties: a sanatorium, if the bank was subject to reorganization, or a deposit insurance agency in the event that the bank is removed from the register of credit organizations and deprived of its license.
In both cases, the borrower of the "deceased" bank is not released from the borrowed loan obligations, but becomes owed not to the bank, but to the state. And this situation is much more serious, since the debts received from a financial institution deprived of a license can be sold by the state like mortgage bonds. Or hire a third-party collection service to collect debts.
Measures in these cases will be equally harsh, intensive and quick for both individuals and legal entities. And the situation is further complicated by the fact that borrowers must independently track news in the process of bankruptcy of a financial institution or transfer of its assets for reorganization. And this is something like an unwritten rule, the violation of which leads to the fact that interest and penalties will be charged on the existing debt, and then they will sue and demand an increased amount from the debtor. The fact that the borrower did not know about the transfer of the loan to a new person will not help him in any way - he will have to pay.
Therefore, when a bank loses its license, borrowers need to do the following:
- Visit the official website of the Central Bank of the Russian Federation to find out to which organization the credit cases of the unlicensed financial institution were transferred. Most often, cases are transferred to the Deposit Insurance Agency (DIA), where you will also need to contact and find out when the last loan payment was made, who is now to pay, whether there is a delay. If the DIA does not answer, then it is recommended to make contributions according to the previous details, but be sure to keep the receipts. Although usually 10 days after the liquidation of the bank, details are posted on the DIA website, which now have to be paid. And if the bank was sanitized, the loan is paid to the sanatorium.
- It is necessary to check the data of the loan agreement: the amount of the debt should in no case change, unless there were good reasons for this. No one has the right to demand more from the borrower than he owes.
- In the new organization, to which the loan is now being paid, it is imperative to ask for a certificate certifying how much has already been paid on debts. This certificate should be kept until the full repayment of the loan.
If the deadline for the regular installment of the debt is approaching, and there is still no new creditor, you can consider the following option:
- write a statement to a notary, clearly indicating the loan obligations, as well as the amount of the debt and the reasons due to which it is not possible to pay off the debt directly, the name of the previous creditor;
- after which it will be necessary to transfer the money to the notary "for safekeeping", which, according to the law, is tantamount to the performance of debt obligations.
And in this case, the responsibility for notifying the new creditor will lie entirely with the notary.
