When a family member dies, the last thing you want is to deal with your outstanding financial obligations.
In the case of debts, some could even continue active and generate interest.
But what if the person was a mortgage holder?
Although for some time
the offer of mortgage loans has been almost nil
in the country, there are many Argentines who in previous years managed to access this type of loan to
buy their first home
.
However, these agreements, which are settled in the long term,
have a lot of fine print
that raises
doubts
.
What is and how does a mortgage work?
When a mortgage is contracted, the main guarantee is the property, but the most important thing for the bank is that
whoever takes the debt can meet the commitment
and comply with the payments.
The mortgages are settled in the long term and have a lot of fine print that generate doubts.
Photo: File.
The amount of that loan is getting smaller, because
there are interests with capital
that are executed under
different modalities
such as the French (fixed installments) and the German (staggered installments: the first is the most expensive and goes down month by month). .
In this sense,
the most important thing is the solvency
of the person applying for the loan, which is more related to their ability to pay in terms of their income and not so much to the assets they own.
Now, this income exists while the person lives, but
in the event of death, what remains to be paid does not evaporate
and, on the contrary, must be paid in full.
It is then when doubts arise and when various possibilities open up.
What happens when a mortgage holder dies?
When a person dies,
their debts become part of their estate
and are included in the estate.
So, in the event of death, the mortgage
becomes the responsibility of the heirs
.
Specifically, the mortgage is constituted as a community of goods, until the moment in which the division of the inheritance is agreed.
In this case, the context is different
if the only holder of the loan dies
, or if it had two holders and only one of them dies.
In any of the scenarios,
the debt is the same
and the mortgage conditions initially agreed with the bank are maintained.
Both interest and expenses and expiration terms.
What happens when there are two mortgage holders and one dies
If the mortgage has
two holders
, as is the
case of a married couple
, it is convenient to know that
the loan is joint and several
.
This means that the holders must answer for the entire debt, not only for their corresponding part.
At this juncture, it will depend on whether the co-owner is the only heir or if there are more people in the estate.
If the
co-owner is the sole heir of the deceased
-such as a spouse without children-, the entire mortgage
becomes the responsibility of this person
, who would have full ownership of the home.
The bank should be notified of the death and the
new situation of ownership
.
On the contrary, if the deceased had more heirs than the co-owner of the mortgage, his corresponding part
is divided among the heirs
, both the spouse and the children.
In this circumstance,
the ownership of the home must be modified
.
Many banks offer the possibility of taking out life insurance as part of the mortgage process.
Photo Shutterstock
Life insurance and mortgage
As explained
to Clarín
by the president of the Morón Bar Association and insurance specialist, Dr.
Jorge Frega
, is that generally
the heirs cannot pay off the mortgage
, which is a debt for a lot of money, so
the bank proceeds to execute the mortgage loan
on the property.
However, he explained that to
avoid this type of situation,
many banks offer the possibility of
contracting life insurance
as part of the mortgage process.
Thus, if the holder of a credit dies, the insurance will assume part of the debt or its entirety, depending on the conditions agreed with the entity.
"That is to say that both
the capital and the interest are guaranteed by the mortgage
, but
they are also insured
with what is called 'insurance on balances, that is, on what remains to be paid in case the debtor dies,' Frega said.
In the event that there is a
single debtor
, the specialist explained that the insurance will be taken over the life of the insured for the benefit of the creditor, which can be a bank or an individual, but
not a family member
.
Meanwhile, if it is a
condominium or a marriage
, where the real property right belongs to several people, the insurance can be made on one of the spouses or on both.
"If it was
on only one
, what was detailed above will apply, when the mortgage is in the name of a single debtor. In the event that the
insurance has been made on both in equal parts,
the insurance will be applied proportionally on the part that falls to one of them," said Frega.
"
If the property is guaranteed to both
, which means that it is taken by only one but with the agreement of the other for the purpose of taking out the mortgage, if the latter dies, the life insurance will work and settle
the debt for the entirety
" , he stressed.
In this sense, Frega recommended that before taking out a mortgage, in the case of a couple or married couple, it is advisable that the
life insurance
be contracted
in full to any of those who assume the credit
.
Or in the case of a couple, plus the father or mother of one of them, then the insurance should include all three, and that it be each of them for the entirety.
Although this
increases insurance costs
, if all are insured for the total debt, in the event of the death of one,
the total remaining credit will be paid off,
the mortgage is canceled and therefore also the credit.
LN
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