How to get rid of a loan in a legal way: methods, terms, reviews

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Loans are becoming an integral part of the lives of many Russian citizens. With their help, you can get any amount of funds for different purposes. Loans can have different sizes and terms of registration. The following types of loans are considered in demand: mortgage, consumer and car loans. Any loan must be repaid on the basis of a special schedule drawn up during the signing of the loan agreement. But often citizens have various unforeseen circumstances under which it is impossible to continue to pay funds on the basis of the established schedule. Therefore, the question arises of how to get rid of the loan legally. There are several methods to reduce the credit burden or completely get rid of the loan, but their use leads to negative consequences for the borrower.

Reasons for getting rid of a loan

Getting rid of loans legally is real, but first you need to decide on the grounds for the implementation of the datamethods. Most often, the need to eliminate the credit burden is due to the following factors:

• loss of the main job, which leads to the fact that the citizen simply ceases to cope with the credit burden;
• identification of other significant circumstances in which the borrower is not able to transfer the required amount of funds to the bank on a monthly basis;
• a person simply makes an unreasonable decision to stop paying money on a loan.

In any case, it is important to take a responsible approach to your obligations, because if you do not take any action, this will lead to the accrual of significant pen alties and interest. Therefore, you should figure out how to get rid of a loan legally without worsening your financial situation.

What actions are taken by the debtor?

If a citizen for various reasons decides to stop making a loan, he must take into account some of the nuances:

• should not shy away from communicating with employees of a banking institution, as the bank may offer credit holidays or other opportunities to reduce the credit burden;
• if financial difficulties simply arise, it is advisable to explore the possibility of restructuring in the bank where the loan was issued;
• the lender will not forgive the debt in any way, he can only offer the possibility of reducing the burden by extending the loan term or offering loan holidays;
• it will be possible to take advantage of the restructuring only if there is no delay on the loan.

If a person is interested in how to legally get rid of loans, then he can choose one method from several options, taking into account his capabilities and the available loan.

Restructuring clearance

If you want to get rid of loans legally, restructuring is often used. It is offered by almost every banking institution. It does not provide complete elimination of credit, but it does reduce the burden. Restructuring may include the following options:

• increasing the period during which the loan must be repaid, resulting in a lower monthly payment;
• registration of credit holidays for up to six months, and at this time only interest on the loan is paid, which allows the citizen to find the best place to work or funds to repay the loan by other methods;
• transfer foreign currency loan into ruble.

The specific method is chosen by the direct borrower.

Pros and cons of restructuring

It is impossible to completely get rid of a loan by this method, but it is considered ideal if a person does not want to spoil his credit history, and is also set to pay off his debt. The bank provides an opportunity for restructuring only on the condition that there is no delay in payment.

With the help of such a process, the burden on the payer is reduced, and his credit history does not deteriorate. Not required by partiesgo to court, and the debtor will not have to deal with bailiffs. The disadvantages of the procedure include the fact that the amount that will eventually be transferred to the bank increases.

Refinancing

There is a way to get rid of a loan issued in a particular bank. If the conditions offered by a particular institution are not considered too attractive, then the loan can be transferred to another bank.

Refinancing assumes that a new loan is being issued at another bank. The existing loan is repaid from the received funds. Usually, the procedure is performed without issuing cash in the hands of the borrower.

Features of using refinancing include:

• transfer of a loan to a new bank is allowed only if there are no delinquencies on the current loan;
• the borrower must have a good credit history;
• a citizen is obliged to pay the current loan for at least six months;
• you should choose those banks that offer low interest rates and other attractive conditions;
• it is advisable to use a loan calculator to determine the benefits of moving to a new bank.

Is it possible to get rid of a loan in a legal way, if you are not satisfied with the conditions offered by the bank? Indeed, it is possible to transfer the loan to another banking institution, where a lower interest rate is set or there are other advantages.

Filing a lawsuit againstbank

How to get rid of loans if there is no money? To do this, borrowers often resort to the method, which consists in filing a claim against a banking institution. The initiator of legal proceedings may be the direct debtor. Features of this process include:

• usually the reason for filing a claim is the presence of errors in the loan agreement;
• the borrower may not agree with the accrued pen alties;
• additionally, through the court, you can demand credit holidays, installments or other concessions;
• simultaneously with the lawsuit, documentation is submitted to the court, which confirms that the borrower has financial difficulties due to which he can no longer cope with the credit burden;
• proof is submitted to the court that the citizen insisted on restructuring, but the bank refused to process it.

If there really are any significant errors in the contract or an unreasonable refusal of the bank to restructure is revealed, then the court can make a positive decision for the borrower. In this case, it will not be possible to completely get rid of the loan, but the accrued fines and pen alties may be canceled by the court. This will lead to a significant reduction in the amount that is transferred to the bank. Often, a loan agreement is terminated by a court decision, but the citizen will have to return the entire amount received.

Filing a lawsuit is considered a good solution for a borrower thinking about how to get rid of a loan. Real methods in most cases involvecancellation of accrued interest and pen alties, but the main debt will have to be returned to the bank.

Finishing a loan for another person

How to get rid of a loan legally? To do this, you can apply for a loan for another citizen, if the loan was originally issued with collateral, for example, a mortgage or a car loan. Under such conditions, you can find a buyer who does not have the necessary amount of funds for such an acquisition. Therefore, a loan is reissued to him, and he also becomes the full owner of the collateral.

Such a scheme has many advantages, as it is possible to legally terminate relations with a banking institution. But a citizen must prepare for the fact that he will have to part with previously purchased property. Another disadvantage is that under such conditions, the item is sold at a price that will be below the market value by about 20%.

For loan renewal, it is important that the new borrower meets the requirements of the bank. Otherwise, the management of the institution will refuse to transfer the loan to a new payer.

Bankruptcy of the borrower

How to get rid of a loan legally? To do this, any borrower can declare himself bankrupt if he really does not have the ability to repay the existing debt. This takes into account some important nuances:

• people are declared bankrupt on the basis of the provisions of Federal Law No. 127;
• for this sizedebt must exceed 500 thousand rubles;
• a citizen really should not be able to repay a debt, for example, he can prove that he was laid off or fired at work;
• delay period must exceed 3 months;
• during the process, a financial manager is appointed who studies the financial situation of a citizen, and he can also conduct reorganization or bankruptcy proceedings;
• if a person has any expensive property, then it can be sold at auction so that the proceeds are used to pay off the debt.

The initiator of bankruptcy can be a direct borrower. It is advisable to use this method only if the citizen does not have registered real estate or a car, since this property can be used for sale at auction.

Sale of collateral

When making large loans to the bank, various valuable items, represented by apartments or cars, are pledged as collateral. How to get rid of an overdue loan? For this, the sale of collateral is considered an excellent choice, but the nuances are taken into account:

• the process is performed only with the consent of the banking institution;
• often it is the bank that deals with the procedure for selling the item, but at the same time the price is not set too high;
• Potential buyers must be notified that the item is in pledge, so the encumbrance will be removed afterhow the seller repays the bank loan using the funds received.

Finding a person who is ready to acquire any property under such conditions is actually quite difficult. Due to the presence of an encumbrance, it is necessary to set a price that will be approximately 30% lower than the market price.

Attracting a guarantor

If the borrower has financial difficulties for various reasons, he can apply to the guarantor specified in the loan agreement. It is he who acts as a guarantor of the contribution of funds by a citizen. A guarantor with a high income can temporarily repay the loan instead of the borrower.

After that, usually the guarantor insists that the funds be returned to the direct borrower. Therefore, you will have to deal with the remaining debt with an individual, and not with a credit institution.

Which method to choose?

There are different actions on how to get rid of a loan in a legal way. Reviews of different methods vary significantly, but bankruptcy is considered the best choice. If a citizen really does not own any property, then he can declare himself bankrupt. Since it is impossible to raise money by selling his property, most debts are written off.

But bankruptcy does not relieve all debts, so some of the funds will have to be returned to the bank, for which the court draws up a special debt repayment schedule.

Consequences of non-payment of the loan

If a person is interested in how to get rid of loans for free, he must be aware that refusal to transfer funds will cause the citizen to be held accountable. Negative consequences of refusing to pay funds include:

• credit history is deteriorating, so in the future you will not have to rely on obtaining a profitable loan;
• the bank can sue the debtor, which will lead to the recovery of funds by bailiffs;
• debt can be sold to collectors;
• it may be difficult to find a new job in the future;
• bailiffs can seize the accounts and property of a citizen;
• you won't be able to leave Russia.

If a person simply does not want to repay the loan, then he must be aware of the consequences of his decision. If he does not have the financial capacity to repay the debt, then it is recommended to contact the bank branch for restructuring.

Conclusion

You can get rid of a loan in many ways that are legal and fairly simple to implement. But still, they do not lead to the fact that a person is completely freed from the need to repay the loan. The consequences of using such methods are not very pleasant for the immediate borrower.

Most often citizens use bankruptcy or restructuring. To prevent the negative consequences of delay, it is recommended when financial problems arise immediatelycontact bank employees for deferment or other assistance.