One of the most important questions from the minds of those who take home loans is the question of what happens if the loan is not paid. Especially, people who take home loans with a long term up to 10 years from banks may have difficulty in paying their loan installments due to the surprises brought by life conditions over time.
First of all, when a mortgage loan used from the bank is not paid, only a few installments or delays will cause the bank to take legal action and we will try to explain what people should do in such cases.
Let’s look at the difference between the delay and non-payment processes of a mortgage loan:
Credit debt payments are delayed from 1 day to 3 months
For any reason, credit debt payments are delayed from 1 day to 3 months. In case of delay, banks reflect legal interest to the delayed part of the loan. There is no legal sanction for the delay, which means that banks cannot enforce a loan overdue for up to 3 months.
However, for some private loans such as a mortgage, this delay may be limited to 2 months. It is important that consumers who buy mortgage pay attention to this period. You will find out what the people who have credit debt should do in the delay period.
If the payment status has been exceeded, the 3-month delay is the situation that occurs in this case. In cases of non-payment, banks make some sanctions that start with a warning to the borrower who draws credit and continue with the legal process.
The fact that consumers are not paying is a situation that lowers their credit ratings. In this respect, it should be careful not to be against people who have credit debt, and if such a risk exists, it is important that they take necessary precautions.
Paths Followed by Banks in the Case of Housing Loans Not Paid
In cases where the loans are delayed and not paid in the end, the banks go first to warn the debtor rather than immediately resorting to the legal process.
If you are asked how the legal follow-up process works, legal follow-up takes over in the later stages of the non-payment status. Below are the ways in which banks have credit debt if they cannot pay the loan.
- In case of a delay in credit, the banks demand payment by reminding the debt and the debt interest generated by people, such as SMS messages, an automatic reminder by phone, e-mail, mail, and telephone direct call, from the first day to the maximum amount of delay up to 3 months. At this stage, legal follow-up processes do not start.
- In case the problem of not paying credit exceeds 3 months and the condition of not paying the credit, banks usually give an additional period of 5-10 days to the debtor by making a direct call by an official letter or phone and demand that all the debt delayed in this last period be paid together with the interest.
- Despite this, if the borrower cannot cover his debt, then some banks may offer the person to configure the loan or to provide a loan if there is a limit.
- If the problem of non-payment still continues, in this case, the bank credit department transfers the transaction to the debtor. After this stage, the bank’s lawyers are engaged. Usually, at this stage, the bank lawyer calls the debtor for the last time, asking for the closing of all delayed debt, this time along with the attorney’s expenses. In addition, if the debt is not paid, the legal sanctions that the debtor will face are told to him.
- If the non-payment process continues, the bank’s law applies to the court and file an executive case.
- The bank has mortgage securities at home. The bank firstly tries to sell the house through the execution of these notes and to collect all remaining debt of the bank from the sales amount.
- Here, if the bank has gone to enforcement, there is nothing to do with debt. On the other hand, since the legal follow-up processes have already started, the credit rating was also negatively affected by this situation.
Things to do in the event that the mortgage loan is not paid
People who use housing loans and have difficulties in payment, and those who say that I can not pay home loans, should first be alarmed and cool.
Over time, everyone may have trouble paying some debts, but as long as people are well-intentioned and determined to pay off their debt, banks often approach them positively and constructively.
If we ask what those who cannot pay their loan debt should do, it will be correct for those who have difficulties paying the mortgage loan by following the ways below:
- The moment you have difficulty paying the loans you have, you need to evaluate whether this is a temporary or a long-term situation. If this problem will be a temporary problem for 1-2 months, then there is no problem, but if this is due to a long-term income decrease, such as leaving a person working at home, they should be aware that they may face the same payment problems and take precautions.
- It is best to close the debt before the delay amount grows. For this reason, it is useful to cut your expenses and pay your overdue debt as soon as possible.
- If your debt cannot be covered by your current income, then you can get a small general-purpose loan from the bank.
- If our loan installments have started to be heavy, one of the best things to do in this case is to structure the loan debt. The important point here is to make the loan debt within the delay process, that is, not to pay and especially before the legal processes begin. Because otherwise, your credit rating may be negatively affected and you may not be allowed to configure.
- You can get a configuration loan not only from the bank you borrowed from but also from other banks.
Configuring Housing Loan
For those who are unable or unable to pay their loan debts, the healthiest solution is to structure the loan debt with a longer-term loan with a low installment.
However, if the structured loan debt is not paid, this situation may reflect negatively on the person’s credit rating. For this reason, it is important to determine the maturity and monthly installments correctly in loan structuring.
On the other hand, structuring is always a way to go, even if interest rates have decreased, even if you do not have to pay your loan debt.
Thanks to the configuration, individuals can even reduce the number of maturities remaining with the same amount of monthly installments, especially during periods when interest rates fall.
Legal Sanctions for Non-Housing Loan Payment
After the mortgage loan becomes a lawyer, the banks’ legal departments initiate mortgage loan enforcement. Those who have credit delay and non- payment problems usually ask the question of how many months the housing loan is not paid, the answer is 3 months, although it varies from bank to bank.
It should not be forgotten that, even after the loan follow-up is sent to the legal department, in terms of its debt, additional costs such as many legal and lawyer expenses will emerge.
After this process, although there is still a chance to contract with the bank, banks may sometimes want to close all credit debt. On the other hand, our answer will be no to those who ask if they go to jail who do not pay their credit debt.
If a person is fraudulent, such as qualified fraud, etc. other than for purposes other than having difficulty in paying because he is unable to pay, etc. imprisonment. It is not possible to face penalties.