Life - the best teacher, though, and cruel. Confirmation of this truth, we find the time. Take, for example, mortgage lending and those persons involved in this process as surety and co-borrower. A couple of years ago, many wondered not only who they are - some even at the request of friends signed up, "an insignificant little bumazhechku", making them guarantors on other people's debts. Today, in times of crisis, they are hardly enthusiastic about the impulsive decision made then. In any case (better late than never!) To clarify who the sponsor and co-borrower, what they have in common and what is the difference, it seems out of place. This online magazine about the property and will Metrinfo today. Co-borrower: he is co-owner is clear that both he and the other - it's the people involved in obtaining a loan (note, incidentally, that is not necessarily only mortgage - they can be for any other loans). What's the difference? The difference in the rights and responsibilities. Co-borrower - a person who is, shall we say, "in proportion". First, all the co-borrower together become "owners" of credit, and then, when the loan will be repaid - the owners (here without the quotes) bought the apartment. Co-Borrower, reminds Angela Dubrovskaya, head of mortgage investment and development company «City-XXI century", people automatically become married. If any of the partners does not wish such a fate, it is necessary to devise an appropriate marriage contract. Invite other than spouses, people - it's strictly voluntary. In principle, it is not forbidden to involve the role of co-borrowers anyone - and relatives, and nerodstvennikov. The bank is interested only in formal compliance with these people it (the bank) requirements - above all, income. However, it must be remembered that a co-borrower later become co-owners purchased the apartment. You need to turn it into a utility? So the only occurring in the life of such a scenario - people intending to marry. Legally, they are still strangers to each other, but they think differently. And one must note that if the marriage then any hitch, a co-borrower, in addition to other "charms" explanation of the relationship, and still share an apartment Guarantor: pay, and the apartment will not bail now. This is a man who (according to Articles 361-367 CC) is a guarantor of loan repayment in case of impossibility of performance of its obligations the principal debtor. In other words, it is his turn to the window cashier of the bank two: while the borrower and co-borrower duly paid, the surety can and forget about his role. But if they refuse to pay - the bank, make no mistake, the guarantor of its obligations to recall. Completing the legal entry, it is necessary to mention such concepts as joint and vicarious liability. If the simple words, the first means that all debtors are responsible at the same time: the creditor may require performance as all debtors jointly and each of them separately. If vicarious liability creditor must first make a claim against the principal debtor, and only after its failure - the alternative to the debtor. Co-Borrower - this is, of course, shared responsibility, and there can be no questions. But if you, dear reader, thought that guarantee means the subsidiary, then have to disappoint you. The banks, says Svetlana Abelian, branch manager, "In Chekhov," the company "New City", it can hang on and surety jointly and severally - that in which case you could quickly make a claim. What kind of responsibility - is written in the contract of guarantee, at this point should be addressed. Credit for the shares between the guarantor does not share many sureties and nourish another illusion. They think that they are responsible for any particular part of the loan - the rest is not their business. Unfortunately, this is not so: by law the bank is trying to get money from all, with no "interest" is not here. Let us consider an example: a borrower who can not pay their debts, and five sureties with him. Four of them also "go into denial," and the fifth decided to pay a fair share of debt - 20%. If the truth, then that person the bank would have to be left alone and concentrate their pressure on those remaining. But other creditors logic: they may judge that the borrower and Co. to get something problematic, but here there is a "loshok" overly conscientious or nervous to fight. And this will require a guarantor full amount of credit. A relationship between the guarantor and the borrower, the guarantors of the bank inside do not touch. Pressure would all banks that need money from their debtors, very creative. On their arsenal of tools widely reported in the media - then and soul-saving talks on the phone (which are arranged to heighten the effect of three in the morning), and putting up at the entrance infamous "dadzybao" ("In this house lived deadbeat!"). Sometimes coming up with something completely non-standard and. Known, for example, a security officer - sports a young man who begins to follow on the heels of the debtor. At the same time behaving defiantly - but strictly in accordance with administrative regulations. But the debtor can not withstand the nerves. He wants to put it simply, give pristavale impudent in the face - and then there is the militia, drawn up, etc. And, of course, the "finale" of the bank - an appeal to the court and collection of property defaulter. What has been said in the previous paragraph - general topic for another discussion. And here we mention all this because in terms of legislation and co-borrower with the borrower and the guarantor - one. So it "pressed" by methods described above in which case the start and the guarantor. And another aspect. As you know, all the information about loans transferred to special organizations - the credit bureau. And, like Oksana Kaplina, head of the company's quality, "Hirsch," surety, run into a bad loan (unless he is at his own expense does not pay off all your debts), make a negative story. If he wants to subsequently obtain a loan himself, he is likely to fail. "At his own request" will not work As already mentioned, most people are among the guarantors, so to speak, spontaneously. Old friend wants a loan for which it lacks some small - extra 10 thousand rubles 'white' earnings. At the same time, everyone understands that the real incomes of its much more than the minimum - just not documented. Well here are not native poradet little man! This logic (even very nice from a human point of view) would be perfect, if only in our lives went on as before, without crises and shocks. But things have turned out differently, and many guarantors have already asked the banks to demand to fulfill their obligations. The reaction of many of our citizens was predictable: they tried to "pop out" from among the guarantors, stressing that "do not know what they do." Say, have signed without looking, and we thought, etc. Unfortunately, legal issues, such reasoning does not pass. "Any change in the loan contract, including cancellation of the guarantee is only possible with the consent of the bank - like Angela Dubrovskaya (" City-XXI century "). - The Bank may modify the terms and refuse bail only under certain circumstances. For example, if the borrower significantly increased earnings, or other person appeared who wish to make the surety. Unilateral refusal to perform obligations is not allowed. " And, of course, the bank would not agree to a "dismissal" surety, if the main borrower into trouble. But ... Some possibilities are. For example, if the bank itself that make a difference in the conditions of the loan (the last time there was "mod" on a unilateral rise in interest rates), it can be used as an excuse. But in any case it is done only by legal means - a court that requires the parties to the dispute nerves of steel and a good knowledge of the laws. In the surety has rights. Let us consider the theoretical but such a situation. Ivanov received a loan under the sponsorship of Petrov. Then Ivanov did not pay, the surety had to give their money to Petrov. Can he claim after the completion of something with Ivanov? For example, the same apartment - who actually bought with his money? In theory - yes. In the Civil Code (Art. 365) states that the surety, discharged the obligation of the borrower, the lender's right to pass on this obligation to the extent to which the guarantor has satisfied the creditor. The surety may also require the debtor to pay interest on the amount paid by the lender, and compensation for other losses incurred in connection with liability for the debtor. However, remember that our Ivanov was so cunning and shameless, that to get something from him could not even banks - is the presence of the State Bar, the security services. The chances that it will now Petrova (private party) are what mathematicians call them "vanishing small." Sue always sue anywhere, until the last days of the stems - this poor guy will now Petrov. Of course, if he chooses not to pull the plug. Summary History knows many examples when best friends become bitter enemies, when between them have a purse. People sat together on the first pots in nursery school, then at the same desk at school and college. And after organizing a joint firm, and not dividing something in business, one of them "ordered" the other. Such cases have also been done. Not state that act as security on someone's credit is not necessary, we will not. But you should understand that this is a serious step, which threatens serious consequences. And we should probably think a lot of time with someone to get into such a venture. And who - do not
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