Need help for deceased loan but fully paid, how to obtain CR

**shadow** · February 18th, 2019 08:04 PM

Hinde na kailangan ng lawyer niyang makipag settle na lang kayo sa bank. Alisin lahat ng interest and penalties then bawasan pa yun principal amount since patay na naman yun principal.

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**sirkosero** · February 18th, 2019 09:36 PM

Originally Posted by shadow

Hinde na kailangan ng lawyer niyang makipag settle na lang kayo sa bank. Alisin lahat ng interest and penalties then bawasan pa yun principal amount since patay na naman yun principal.

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From experience, dumadali kausap ang banks when they see "Attorney" or "BSP" in any of the documents hehehehe

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**dr. d** · February 18th, 2019 09:43 PM

just pay the bank the loan, po.
after all, it is the decent thing to do.

**shadow** · February 18th, 2019 09:52 PM

Originally Posted by sirkosero

From experience, dumadali kausap ang banks when they see "Attorney" or "BSP" in any of the documents hehehehe

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At the end of the day kailangan pa rin bayaran yun utang para ma-release yun kotse.

Idagdag na lang yun bayad sa lawyer sa pambayad ng utang.

Kung hind kaya lump sum. Hulugan na lang din ninyo rin yun amount. Para matapos na yan ang then can love on with their lives.

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**yebo** · February 18th, 2019 10:21 PM

Originally Posted by sirkosero

From experience, dumadali kausap ang banks when they see "Attorney" or "BSP" in any of the documents hehehehe

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Nooooo! Do you know how many lawyers the banks have in their legal dept? How many lawyers they have on retainer? Or how many lawyers the bank's collection agency have? You will never ever intimidate the banks with lawyers. Never!

Best to call, ask for a compromise/discounted amount. They are not that hard to talk to. Ang matagal lang yung clearance, lalo na pag pumasok na sa collection/recovery department nila.

Afaik, only home mortgages have a survivor insurance wherein if the principal dies the heirs/spouse will no longer have to pay the remaining loan amount. Car loans and other types of loans do not have this insurance. The heirs will need to pay in full if they want to inherit the property that is mortgaged.

Pag buhay pa yung principal at nakakabayad pa then that means the borrower is in good standing with the bank, walang kaso yan. Pag hindi nakabayad (like in my case kasi nga binale-wala ko yung notice ng annual fees thinking that since i was not using the cc e walang issue, turns out meron, dapat pala sinurrender ko yung cc) then bad standing ka and you need to talk to your bank to return your status to good.

**yebo** · February 18th, 2019 10:32 PM

Also, have the compromise agreement in writing - whether by email or hard copy. If by phone, record the conversation. Madami kasing tao makakausap mo dyan sa pagkuha ng compromise agreement and the different departments do not communicate efficiently with each other. It will be a case of "sabi ni ganito ganyan..." and they will have to verify with the person you talked to. At least pag recorded may pruweba ka kung ano yung usapan ninyo. In my case i paid the 2 years fee without penalties and interests then yung sa collection ayaw mag-issue ng clearance kasi meron pa daw naiwan na 1 year plus penalties and interests. So need ko pa pinakilala sila sa isa't isa bago sila nagkaintindihan. And they work in different buildings, 1 in pasay and 1 in cubao.

**Ry_Tower** · February 18th, 2019 11:59 PM

Originally Posted by cast_no_shadow

Sa post ni OP deceased na yung principal borrower (dad niya)

Si Yebo ay alive and kicking pa hehe

Kahit deads na need pa din i-fully pay yung credit card balance?

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Money claims arising from contracts survives the person. Kaya puwede pa habulin sa estate niya. Since may loan contract, pwede pa pabayaran talaga. Imho. Saan na ba si Atty.

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**sirkosero** · February 19th, 2019 11:39 AM

Originally Posted by yebo

Nooooo! Do you know how many lawyers the banks have in their legal dept? How many lawyers they have on retainer? Or how many lawyers the bank's collection agency have? You will never ever intimidate the banks with lawyers. Never!

Best to call, ask for a compromise/discounted amount. They are not that hard to talk to. Ang matagal lang yung clearance, lalo na pag pumasok na sa collection/recovery department nila.

Afaik, only home mortgages have a survivor insurance wherein if the principal dies the heirs/spouse will no longer have to pay the remaining loan amount. Car loans and other types of loans do not have this insurance. The heirs will need to pay in full if they want to inherit the property that is mortgaged.

Pag buhay pa yung principal at nakakabayad pa then that means the borrower is in good standing with the bank, walang kaso yan. Pag hindi nakabayad (like in my case kasi nga binale-wala ko yung notice ng annual fees thinking that since i was not using the cc e walang issue, turns out meron, dapat pala sinurrender ko yung cc) then bad standing ka and you need to talk to your bank to return your status to good.

I'm actually connected to one of the big banks. I'm not saying you bring the bank to court. Just ask some lawyer friends to review the contracts, then go on from there.

You can also ask help from bsp. Their consumer affairs department help mediate and will not close the case until the parties come to an agreement.

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