How to terminate a loan agreement with a bank. Legal Issues

The borrower often comes to the decision to terminate the loan agreement when he loses the opportunity to pay money (he leaves the job or is seriously ill). According to the rules, you can do this after a full debt payment. Is it possible to terminate a loan agreement with a bank ahead of schedule? Yes, but it's very difficult.

Options

If the borrower has fulfilled all of its obligations, then the document is considered executed, and it is not necessary to dissolve it. The Law "On Protection of Consumer Rights" provides for another interesting feature. Within two weeks after receiving the loan, you can return it by paying a symbolic interest. This item does not require prior approval from the credit institution. Another thing is if the money is not paid in full. How to terminate a loan agreement with a bank in this situation? The first option - by agreement of the parties, the second - through the court.

Grounds

It's simply impossible to refuse to fulfill obligations under a civil law contract. The borrower must have an insurmountable circumstance, which he did not know about at the time of signing the documents. The loss of income is not that, because the client can and must look for another job. And if they have reduced the amount of salary, you should ask for debt restructuring or take a loan to cover the loan in another institution.

How to terminate a loan agreement with a bank by law?

According to Art. 821 of the Civil Code of the Russian Federation, the borrower can refuse the loan before it is received. After that, the institution has the right to demand payment of the entire amount of debt, taking into account the remuneration. Unilaterally how to terminate the contract ? Experts emphasize that the Civil Code provides for such circumstances:

1. In case of violation of the agreement by the bank (Article 450).

2. Occurrence of circumstances that the borrower was unable to provide earlier.

3. Occurrence of other circumstances specified in the document. This may be loss of collateral, delay in payments, etc. In this case, the bank may require the payment of the entire loan amount, taking into account interest and penalties.

On practice

Is it possible to terminate a loan agreement with a bank if a person is seriously ill or has a disability group and can not work now? Yes, because he could not know about this circumstance in advance. The second option is if the credit institution has made a change to the contract without agreement. The document is concluded on a contractual basis and signed by the representatives of the parties. Therefore, all changes must also be agreed in advance. But very often financial institutions change the interest rate without agreeing with the client. How to terminate a loan agreement with a bank in this case? Submit a statement of claim to the court. Another good reason may be untimely provision of money or the issuance of funds in part.

Where to begin?

Can the bank terminate the loan agreement? Yes, for example, in the event that the borrower does not return the money within the time frame specified in the document (usually 30 days). Default of obligations is the main reason for transferring the case to court. A separate point in the document specifies the liability of the debtor in case of late refund. Then he must pay a fine or a fine.

How to terminate a loan agreement with a bank? It is necessary to write an application to the financial institution, in which to officially declare your desire and indicate the reasons. In practice, such a bank either leaves the bank without an official response, or immediately refuses, or offers unacceptable conditions. If the client has already run into large amounts of fines, then it makes sense to wait until the bank submits a statement of claim. He can do it for 3 years. In this case, the institution will demand payment of interest and penalties for the entire period.

Unilaterally how to terminate the contract ?

Independently apply to the court. But if the only reason is the insolvency of the borrower, the judge will take the side of the financial institution. You can try to solve the issue peacefully and agree on a loan restructuring. But credit institutions rarely compromise. What should a debtor do in such a situation? Lawyers advise not to pay under the contract at all, wait until the bank sues. Then write an application to reduce the amount of penalty (penalties for delay are very significant). After this, you should explain to the court the reasons for default and ask for a reduction in the penalty. The body of the loan and interest will still have to be paid. But you can minimize the additional costs. If the decision is made in favor of the bank, then two new applications should be submitted: the deferment of the execution of the decision and the payment by installments.

Arbitrage practice

In such cases plaintiffs are banks. And the only reason for non-repayment of a loan from debtors is the absence of a source of income. Therefore, the court takes the side of the financial institution. But there are a few exceptions to the rules.

1. If the bank terminates the credit agreement unilaterally, it does not give him the right to recognize the amounts paid earlier as unjust enrichment (Article 313 of the Civil Code of the Russian Federation). The Borrower may impose the performance of obligations on a third party only if the contract does not specify that it is obligated to repay debts personally. In this situation, the bank can not file a claim that the obligations were not fulfilled in full.

2. The increase in interest unilaterally, in case of violation of the terms of payment of the debt, is unjustifiable on the part of the financial institution. The court can reduce these amounts on the basis of the defendant's application.

3. Refusal of the bank to fulfill its obligations. Even in such a situation, the borrower is obliged to return the loan amount, pay interest on it and the accrued interest. But the forfeit can be limited by the date on which the official notification is sent to the borrower. The funds already received can not be considered as unjust enrichment, as the relations under the loan agreement have not ceased. That is, after termination of the contract through the court, the bank may recover from the borrower the amount of debt and interest accrued before the date of the decision.

4. Art. 310 Civil Code and art. 29 of the "Law on Banks" provides that the financial institution can unilaterally change the terms of the agreement, if it is stipulated in the document. But changes will be considered legitimate if they comply with the principles of good faith. For example, if, after increasing the interest rate, the amount of payment exceeds 40% of the borrower's monthly income, the court can recognize such changes as unacceptable.