There are different cases in which Infonavit forgives the entire debt originated by the mortgage loan. Of special interest for this column are the granting of pensions for permanent disability or permanent partial disability with a percentage greater than 50% reduction for work.
Prior to the pension scenarios, it is necessary to bring up the 90 Diez program that Infonavit implemented as of September 2019, this incentive is aimed at all those workers who have paid 90% of their credit to whom The remaining amount will be forgiven and their property deeds will be delivered.
This benefit will be granted to all those who meet this single requirement, regardless of their salary range and without distinction of their repayment regime, whether ordinary or in extension.
To grant this benefit, the Board of Directors of the Institute assigned a bag of 900 million pesos, with which an average discount per borrower of 15,647 pesos may be offered.
With regard to the pensions in the title of this column, we refer to cases of permanent disability or permanent partial disability greater than 50%; In these cases, the entire debt can be released in accordance with article 51 of the INFONA-VIT law, which literally says:
“The credits that the Institute grants to the workers will be covered by insurance for cases of permanent total disability or death, which frees the worker or his beneficiaries from the obligations, encumbrances or domain limitations in favor of the Institute derived from those credits ”.
In the case of permanent partial disability, of 50% or more, of the work capacities in the terms of the Social Security Law, the accredited worker will be released from the debt, as long as he is not subject to a new employment relationship for a period minimum of two years.
It is necessary to clarify that the fact of receiving a permanent disability pension or a permanent partial disability pension is not limiting in any way to continue contributing to the IMSS through a formal employment relationship; However, this article limits the possibility of formal employment in the event of requesting the forgiveness of the Infonavit loan, a prohibition that results in a serious violation of freedom of work (which is a subject of extensive separate discussion).
Now, if the disability pension has been denied, or if a disability pension is granted with a percentage lower than 50%, it is not a definitive obstacle to forgive the debt, since the legal way to claim these conditions is in force. and in case of being recognized by the judicial authority, Infonavit is obliged to forgive the credit, regardless of the status of the credit or the repayments due by the borrower.
Another additional scenario is the death of the borrower, if the deceased were the holder of an Infonavit loan, he / she has support for his family to request the release of the debt and the cancellation of the mortgage is processed.
If the relatives of the deceased do not notify the institution, it will continue to collect payments and interest. In addition, it must be determined if there is any outstanding debt — such as late payments. If they are, the forgiveness does not apply and the credit will have to continue to be paid.
In the event that the owner dies, the beneficiaries of the property will be those designated by the IMSS and those who will have to do the free-of-charge procedures for the forgiveness.
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