What is a mortgage on an apartment? Mortgage on a mortgage loan in a savings bank Registration of a mortgage for a bank
When applying for mortgage loans, banks require customers to register a mortgage. Today we will consider what a mortgage on an apartment on a mortgage is and how it looks like, what documents are needed for a mortgage and how to issue it in 2020. The expert explains why this is the most important document when applying for a mortgage and answers 9 frequently asked questions.
Why do you need a mortgage on an apartment with a mortgage and what does it look like?
A mortgage bond is a security that confirms the transfer of an apartment to a bank. If the borrower stops paying the loan, the bank can do 2 things:
- Pick up and sell the pledged property.
- Sell or transfer a mortgage to another bank.
The subject of a pledge may be:
- Apartment.
- Private house.
- Non-residential premises.
- Country cottage area.
- Industrial buildings and structures.
Expert opinion
Until the mortgage is paid, the mortgaged real estate is under the encumbrance of the bank. After full repayment of the loan, the mortgage is canceled and the owner can dispose of the object at his own discretion. If the apartment is pledged, the borrower must ask the bank's consent to carry out any transactions. He will not be able to sell, donate or exchange an apartment without the permission of the bank.
Why do you need a mortgage on an apartment:
- The borrower, who issues the collateral, receives more favorable lending terms. This is not the case for all banks.
- The bank receives a money back guarantee. If the borrower stops paying the loan, the document allows the bank to sell the mortgaged property and return the money.
- The bank can attract third-party investments. The law allows the lender to sell mortgages to other banks and make money on it. The conditions for the borrower remain unchanged.
What should the document contain?
Requirements for the content of a mortgage and the procedure for its registration are spelled out in Chapter 3 of the Federal Law No. 102 "On Mortgage (Real Estate Pledge)". There is no single form for this document.
By law, this paper must contain:
- Name and identification number. The word "Mortgage" must be prescribed in the title. The number is usually indicated at the head of the document.
- Information about the bank (mortgagee). Legal address, full name, banking institution license, checkpoint, TIN.
- Information about the borrower (pledger). Individuals indicate full name, registration address, passport data, SNILS. For legal entities, it is required to register the full name of the organization, legal address, TIN, KPP. In rare cases, the pledger is not the borrower, but another person. Then indicate his data.
- Information about the mortgage agreement. Indicate the document number, date of registration, loan amount, repayment schedule, monthly payment amount, interest. If the loan is taken in a foreign currency, it is necessary to register the conversion rate of this currency into rubles. This is necessary for the correct determination of the loan cost and interest. Pay special attention to this item - violation of the terms of the agreement gives the bank the right to seize the pledged item.
- Description of pledged real estate. Indicate the address, the area of the object, the number of rooms, the number of the cadastral passport.
- Assessed value. The document also prescribes the appraised value of the property, indicated by an independent expert.
- The presence of other encumbrances on the object (rent, lease, seizure)... If there are no encumbrances, write it down.
- Stamp and signature. Signatures of the parties, seals (for banks and legal entities), date of preparation of the document.
Attention! You sign a document that will allow the bank to take your apartment in case of violation of the mortgage agreement. Check the content of the mortgage carefully for errors. Make sure that the data matches the content of the loan agreement. If disagreements arise in the future, the court will rely on the mortgage.
Example of a mortgage form
You can see what a mortgage bond looks like in the visual viewer below. You can download the sample from this link and open it on your computer in the Word editor.
One more example:
List of documents for registration of a mortgage
For registration they usually provide:
- Borrower's passport. Most banks require a permanent residence permit - you can register in the purchased apartment.
- Independent appraiser report. Needed to confirm the market value of the property. Assessment for mortgages is done by firms accredited by the bank. The cost of the report is from 2.5 to 5 thousand rubles. It must be submitted to the bank no later than 6 months from the date of registration.
- Sale and purchase agreement, extract from USRN or certificate of ownership.
- Insurance policy for the purchased apartment. If the house burns down or is destroyed for other reasons, the insurance company will pay the bank the remaining loan debt. The insurance guarantees that the mortgage will be paid under any circumstances.
- Cadastral passport and a copy of the floor plan of the facility.
- Acceptance certificate of the object when buying an apartment in a new building.
- Marriage certificate (if available).
- Mortgage agreement, surety agreements, if any.
Important! The bank prepares a mortgage for an apartment together with a loan agreement. The borrower only verifies, signs and registers it with Rosreestr. The complete list of documents may differ depending on the situation, bank, regional laws. Therefore, always check with the bank which papers you need to provide.
4 options what a bank can do with a mortgage
The mortgage portfolio for banks is a safety cushion that they use when they have difficulty with money. The legislation allows creditors to carry out a number of transactions with these securities. This does not affect the borrowers in any way. Consider what a bank can do with a mortgage.
Option 1. Partially sell the collateral
The bank sells part of the collateral to another lender and redirects the client's payments to him within a specified time. Sometimes this happens before the full payment of the mortgage.
The borrower's consent is not required for this. As before, he continues to transfer money to the account that was specified in the loan agreement. Transfers between banks are carried out without his participation.
Less often, there is a situation when the borrower is notified of the sale of part of the collateral and is required to make a certain part of the payment to another bank.
Option 2. Fully sell the collateral
The pledgee assigns all rights to the pledge to another financial institution. In fact, the bank completely sells the mortgage and mortgage loans. The new pledgee is not entitled to change the terms of the loan agreement.
The borrower is notified of this in person at the bank or by mail. For him, only the details of the account where he transfers money will change. Banks go to the full sale of collateral when they need a large amount of money.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
Many borrowers are afraid when the bank sells the mortgage in full. They think it will affect the terms of the mortgage agreement. By law, the new owner of the paper does not have the right to amend the mortgage agreement. Therefore, this will not create any additional problems for the borrower.
Option 3. Exchange
The bank can exchange mortgages with another bank, individual or legal entity, MFI or credit cooperative. In fact, the bank also sells the collateral, but gets another one in return. This method is usually used by banks that want to sell expensive collateralized property and get cheaper property in return with a surcharge.
Option 4. Issue equity securities
Banko divides the mortgage into parts and sells it to various legal entities. The borrower continues to pay the mortgage to the previous lender, the terms of the agreement are not changed. The lender divides the client's monthly payment into several parts and redirects it to different companies.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
Any changes that are made to the mortgage after its registration must be registered with Rosreestr. Its new owner has no right to change the terms of the loan agreement without the consent of the payer. To make any changes, add an additional agreement. It is signed by 2 parties - the borrower and the current owner of the mortgage.
As a result of such manipulations, she may be lost. After the mortgage is paid, it will be difficult for the borrower to find it. In this case, always make a duplicate when you design it. If you didn't, you always have the right to request a duplicate document from the bank in order to remove the encumbrance. He has no right to refuse.
Registration of a mortgage on a mortgage - step by step instructions
According to the standard scheme, the registration of the document is carried out in 5 stages. The step-by-step instructions are presented below.
From July 1, 2018, it was allowed to register mortgages electronically. We will discuss this below. Now let's look at the process of filling out a regular paper mortgage.
Stage 1. Sign the document at the bank
Usually, a mortgage bond is signed when signing a loan agreement. Compiled by her banking institution. The client provides the necessary package of documents, carefully checks the content of the paper and signs it.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
The mortgage is the most important document for you. According to it, you leave your apartment as a pledge to the bank. Mistakes in a loan agreement are not as bad as in a mortgage. If there is something wrong with this document, you will not be able to remove the encumbrance from the apartment. We'll have to sue the bank to do this. You will lose time and money. Always check the paper carefully and check it against the loan agreement. Mistakes will cost you dearly.
Stage 2. Pay the state fee
If the subject of the pledge is mortgage property, then the mortgage is registered together with the ownership right. For registration of property rights, you must pay a state fee.
The size of the state fee is:
- 2,000 rubles for individuals.
- 220,000 rubles for legal entities.
The state duty is paid in 3 ways:
- At any bank.
- At the box office of Rosreestr.
- In terminals.
Be sure to take a receipt or check to confirm the fact of payment. Without a receipt, they will not accept documents for further registration.
If an already owned property is pledged to the bank, there will be no mortgage costs. Only property rights are paid.
Viktor Petrovich draws up a mortgage loan for a new apartment, and leaves the apartment he owns as a pledge. He will pay the state fee only for the registration of property rights. The mortgage will be registered free of charge.
Stage 3. Register a mortgage through the MFC
With a signed mortgage, a receipt for payment of state fees and a package of documents, you should contact the MFC. You can contact any center that is closer and more convenient. Center employees check all submitted documents and issue 2 receipts to the mortgagor.
The receipts will indicate the list of submitted documents and the term for issuing the extract. The second copy of the receipt must be handed over to the bank.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
MFC acts as an intermediary between Rosreestr and the borrower. It is more convenient to register a mortgage through the MFC, but it takes longer. When contacting Rosreestr directly, the mortgage will be registered faster. However, Rosreestr usually has to queue up. Therefore, pledgers more often send documents through the MFC.
The standard registration period is from 3 to 5 business days. It takes another 2-4 days to transfer documents from the MFC to Rosreestr.
Stage 4. Get documents in Rosreestr
By the appointed date, you should come to Rosreestr. To receive ready-made documents, you must provide a receipt received at the MFC. An employee of Rosreestr will issue the mortgagor an extract from the USRN with a note on the presence of an encumbrance in the form of a pledge. Rosreestr will send the original mortgage to the bank.
Important! The mortgage is issued in a single copy and signed 1 time. There can be any number of additional agreements and duplicates - at least 15, at least 20. The original remains unchanged. Reprints and corrections are not permitted.
Step 5. Get a duplicate at the bank
After registering a mortgage, be sure to ask the bank to make a duplicate of it. A duplicate is needed to confirm the conditions of the deposit in case of loss of the original.
A duplicate is made out free of charge, a corresponding mark is put on it. Check it carefully for consistency with the original. Even one minor mistake can invalidate the mortgage.
The bank gave Vitaly a duplicate mortgage bond with errors. I lost the original bank. Vitaly will have to prove his case in court. He will win the trial, but he will waste his time and money. If Vitaly had asked to make a duplicate after registering the document, there would have been no problems.
What to do after paying off the mortgage and returning the mortgage?
After paying off the mortgage, the bank will cancel the mortgage and return it to the client within a few working days. The allowed period for the return of the paper is 1 calendar month, unless otherwise specified in the loan agreement. After receiving the mortgage, the encumbrance must be removed from the property.
To remove the encumbrance from the apartment, the borrower must:
- Pay off the mortgage loan in full.
- Get a certificate of full repayment of obligations.
- Apply for a mortgage.
- Pick up a security from the bank. The bank must put a mark on it about the repayment of the loan.
- Come to the MFC or Rosreestr together with the received mortgage and a certificate from the bank.
- Write an application for the removal of encumbrances.
- Obtain an extract from the USRN on ownership without encumbrance and a canceled mortgage.
Only after all these actions are you entitled to dispose of the property at your own discretion. We recommend that you keep the mortgage.
Latest news and innovations for 2020
Making and registering mortgages is simplified. The possibility of electronic registration appeared, and Sberbank completely canceled the registration of paper mortgages for some mortgage transactions. Let's take a closer look at the latest news.
Registration of an electronic mortgage on the Rosreestr website
Electronic mortgages are valid from 01.07.2018.The borrower fills out a form on the official website of Rosreestr or on the State Services portal. The mortgage bond shall be electronically signed by the mortgagor and the mortgagee. The package of documents is provided in electronic form.
An electronic document excludes the possibility of its loss by the bank. The security is stored electronically in the depository. It is a company that specializes in securities transactions.
Benefits of an electronic mortgage:
- The bank will not lose an electronic mortgage, as it can with a paper one.
- You do not need to go to the MFC - the bank itself sends an application for registration.
- After registration, the electronic document is automatically transferred for storage to the depository specified by the bank.
- After paying off the mortgage, you do not need to write an application for cancellation of the paper.
The mortgage can be issued both in electronic and paper form. However, not all banks have switched to the electronic version yet. Therefore, they do not plan to cancel paper documents in the coming year.
An electronic mortgage is registered on the Rosreestr website at the link:
https://rosreestr.ru/wps/portal/p/cc_present/reg_rights#/
To register, open a new tab in your browser. Copy the link and paste it into the address bar of your browser. In the window that opens, select "Registration of limitation (encumbrance) rights". Next, put a check in the circle "mortgages, including mortgages by virtue of the law", click on the "go to request details" button at the bottom of the page. Next, fill in the request details and information about the applicant.
Cancellation of paper mortgages at Sberbank
Since December 20, 2018, Sberbank canceled the need for a mortgage for some of its clients.
This applies to the purchase:
- Housing on the secondary market.
- Housing under construction.
- Construction of a private house or suburban real estate.
The innovation does not apply to borrowers under the Military Mortgage program.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
It is no longer necessary to draw up a mortgage at a bank and register it with Rosreestr. A Sberbank specialist draws up an additional agreement to the mortgage loan agreement. It will state that the mortgage is not needed. If the agreement does not contain a mark on the registration of the mortgage, then the agreement is not drawn up. After the full payment of the mortgage, the bank itself will send the data on the repayment of the loan to Rosreestr.
The DomClick blog from Sberbank said that the innovations would make it possible to remove the encumbrance from real estate in 14 days. Previously, the procedure took up to 30 days.
Screenshot from the blog domclick.ru
9 Frequently Asked Questions - An Expert Answers
Consider the 9 most common questions about a mortgage that borrowers have when registering and repaying a mortgage.
Question 1. Where is the mortgage bond kept?
The original of the security is kept by the mortgagee, that is, by the bank. The borrower may have a duplicate on hand. He will help in the future to remove the encumbrance if the bank loses the original.
The mortgage number refers to the registration number of the owner's record. Rosreestr does not assign a separate number to a security. The lender can assign a number to the document. To find out the mortgage number, request an extract from the USRN or contact the bank.
Question 3. The bank sold the mortgage - is it worth worrying?
No, the terms of the loan agreement are not changed. The amount of the monthly payment, the maturity of the loan, the terms of the surety - all this remains the same. Only the details of the account where you transfer money on a monthly basis can change. In any case, you will be notified about this in person or by registered mail. This usually happens up to 30 days, unless otherwise specified in the loan agreement.
The lender can sell the mortgage an unlimited number of times during the repayment of the mortgage. It may happen that by the time the mortgage is paid off, the security will be in a different region. Don't worry. The duplicate has the same effect as the original. You can always get it at Rosreestr or the bank where you took the mortgage.
Question 4. What if the bank has lost its mortgage?
If you have a duplicate, you do not need to do anything - it can also be used to release the encumbrance. If there is no duplicate, the lender must obtain it from Rosreestr or arrange it independently. The bank restores the mortgage at its own expense.
Question 5. What if the bank does not give the document after the payment of the mortgage?
If the mortgage is not issued, write a complaint to the name of the bank's management. If the bank does not respond, contact the Central Bank of the Russian Federation. Usually, after that, the bank gives a duplicate of the mortgage with a note on the payment of the loan.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
If, even after contacting the Central Bank, the creditor does not respond to your request, go to court. In this case, we recommend that you immediately demand the complete removal of the encumbrance from the pledged object. If the court makes a positive decision, it is sent to Rosreestr for execution.
Question 6. Is it possible to make changes to the mortgage?
Under the law, it is not allowed to amend the mortgage bond. But you can draw up an additional agreement that changes some of its clauses.
To make changes, you need to contact the bank and draw up an additional. agreement to change the content of the mortgage. The signed agreement and the package of documents are taken to Rosreestr for registration.
Question 7. How to get a security in case of early repayment of the mortgage?
In case of early repayment of a mortgage, the procedure for obtaining a mortgage does not change. The borrower writes an application for a document after making the last payment. He paid off the mortgage and the lender is obliged to give him the mortgage. According to the law, the bank has 1 month for this.
Question 8. Who has the mortgage after the mortgage is paid?
After Rosreestr cancels the mortgage, it loses its legal force. You can pick it up for yourself or leave it in Rosreestr.
Question 9. Document validity period
The term of the mortgage is equal to the term of the mortgage agreement. In case of early repayment of the mortgage, the term of the mortgage is also reduced. It expires upon receipt by the borrower.
Expert opinion
Alexander Nikolaevich Grigoriev
Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, on the account of more than 500 successfully approved mortgage loans.
However, in order to completely remove the encumbrance from the pledged object, you must contact the MFC or Rosreestr. When the record on the availability of a mortgage loan is deleted from the database, the bank will no longer be able to claim your property.
conclusions
The mortgage is a very important document. We can say that this is the most important paper for the borrower. According to it, he pledges his own home to someone else's organization. In most cases, it is the only one.
Let's draw the main conclusions from the article:
- The mortgage guarantee guarantees the lender a refund. Until the borrower pays the mortgage, he is not entitled to carry out transactions with mortgaged real estate without the consent of the bank.
- When drawing up and signing a mortgage, you need to carefully check everything. This security has priority over the loan agreement. In the event of possible disputes and disagreements, the information from the mortgage will be considered correct.
- The original paper is kept by the lender.
- After registering a mortgage, be sure to ask for a duplicate of it.
- During the payment of the mortgage, the owner of the mortgage may change. This will not change anything for the borrower. It is only possible to change the account details for transferring mortgage payments.
The peculiarity of mortgage lending is that the acquired property is pledged by the bank until the full settlement of the loan. This rule is regulated by Federal Law No. 102, article 6.
The mortgaged property is a bank guarantee in case the client loses solvency and refuses to pay the debts. A standard (standard) form of a mortgage bond serves as a security document. Sberbank is the most common mortgage lender, so let's look at his example - what a mortgage on a mortgage looks like, how to get a mortgage on a mortgage in Sberbank.
What is a mortgage mortgage?
This is a security for a specific borrower, which establishes the right to own property. The mortgage deed contains information about the property that acts as a pledge for the bank.
Mortgage on an apartment on a Sberbank mortgage: a sample
The form of the document is typical, therefore, the registration of a mortgage on a mortgage at VTB 24 and other banks that provide housing loans will not differ significantly.
Why do you need a mortgage?
First of all, the pledge serves as a guarantee for the lender: that the client has an incentive to pay, and in the opposite case, the bank will be able to reimburse the damage caused to him from the outstanding debt.
The subject of the pledge is usually the house or apartment that you acquire, but in some cases the borrower can also present other property in his possession as security:
- An apartment that meets the requirements of the bank;
- Private house;
- Land plot.
It is important that the pledged property is liquid (there are no difficulties with its sale) and complies with all technical standards.
Types of contract
There are two main types of mortgage agreements:
- Mortgage by virtue of the law (more -);
- Mortgage under the contract
In the first case, the client receives a loan immediately after the conclusion of the contract. The second method is a little more complicated due to the additionally issued papers regulating the terms of the transaction.
By virtue of the law, mortgage is a simpler form of lending, which is most often used by banks. And according to the law, you need to issue a mortgage for an apartment.
How a mortgage is issued
The selected bank will provide you with a strictly defined sample. The points in different samples will be the same, but it is still worth drawing up a document in the form of the institution that provided the loan.
After filling out the document, it is registered with state bodies and the details are assigned to the document. The bank representative enters these details into the loan agreement and it comes into force from that moment.
Mortgage pledge - where is it stored?
It is logical that the bank keeps its guarantees with itself. You will receive the document in your hands only after the complete repayment of the credit debt.
As long as the mortgage is held at the bank, your property is kept at.
The mortgage is multifunctional. This is a security that can be traded, secured a loan or even issue of other securities (shares of a banking organization, for example), but it is also an important document of title. The original is kept in the bank, but the duplicate that is always issued to the borrower has the same validity, so it doesn't really matter. In this article, we will analyze the topic in as much detail as possible.
When a person decides to buy a house or apartment on a mortgage, in a new building or in a secondary building, in any case, a mortgage is drawn up. With a mortgage, the registration of this document is not only inevitable, but also a significant benefit (mainly for the lender, but not much for the borrower).
So what is a mortgage on an apartment mortgage? This is the name of the paper certifying the presence of encumbrances on real estate in favor of the bank. The recipient of such a paper will be able to immediately understand:
- Who is the owner of the real estate (borrower);
- Who issued the mortgage loan and, accordingly, who is the mortgagee (bank);
- What is the amount of the property pledged as appraised;
- Finally, the paper secures the bank's right to property in the event of default on its obligations under the loan agreement.
This document is drawn up in strict accordance with the legislation of the Russian Federation, i.e. Federal Law On Mortgages (Real Estate Pledge) of July 16, 1998 N 102-FZ and legal act On banks and banking activities dated 02.12.1990 N 395-1.
Why is it needed and what can the bank do with it?
A security paper is a valuable financial document with a value of its own. In this sense, this document is somewhat similar to bills of exchange, shares and similar securities - if desired, the bank can use mortgages as collateral for a loan. Especially often, the bank resorts to this method of securing debts if its own financial situation is rapidly deteriorating.
But, as of 2020, the mortgage has other uses besides securing debts:
- If the bank urgently needs someone - the state, an individual or a legal entity - to prove that this or that property is pledged by the bank, a mortgage will help with this. Until the registration of the borrower's property rights, only this paper is able to confirm the bank's rights to housing;
- If the borrower fails to fulfill its obligations to repay the loan, the bank will be able to fully or partially realize the collateral in order to avoid losses and, possibly, even earn a little. But for the implementation of the pledge, you need to prove your rights to such actions - the mortgage will help;
- The document, in conjunction with other mortgages, can not only secure the loan received by the bank, but also ensure the issue of its own shares;
- To put its finances in order, the company has the right to assign the rights of claim to another organization or exchange some securities for others.
This is a complete explanation of what the bond paper is for. It should now be clear why the bank is so attentive to the execution of this seemingly insignificant document.
What does it look like and what does it contain?
The bank directly depends on how the mortgage on an apartment on a mortgage looks like. only the content of the document is established by law. In shape, it is, as a rule, 9-10 bonded laminated sheets of A4 paper, less often made of cardboard. You can find a sample of a mortgage below (download -).
- Name of the document: "Mortgage";
- Identification number of the paper, indicated in the header;
- Bank details and other information about the pledgee (bank);
- Passport and other data about the pledger (borrower), as well as details, if it is a legal entity. face;
- Link to the loan agreement under which the mortgage was issued;
- Loan details - payment schedule, amount, interest rate, total overpayment, etc .;
- Indication of the characteristics of the pledged real estate: address, area, BTI data, explication, etc .;
- Estimated value of real estate;
- Information about additional factors - such as arrest, renting out a house or rent, details of the payment made, if something was not according to plan;
- Stamp and signature of authorized persons, as well as the date of the paper.
How is a mortgage issued?
Now we will study how to get a mortgage on a mortgage at Sberbank, VTB or any other Russian bank.
A document is filled out and drawn up in the bank, and this is done immediately upon signing the loan agreement. Thus, the bank protects itself from possible fraud on the part of the borrower, when the loan has already been transferred to him, but the client refuses to register the encumbrance.
The mortgage bond is officially signed by the bank's employees, and the client - only after the required documents have been fully submitted. Next, you need to pay the state fee for the future registration of the mortgage. The duty will cost 2,000 rubles for individuals and 220,000 rubles for legal entities if the housing is not yet owned by the borrower.
Further, the receipt of payment, along with the rest of the package of papers, must be sent to Rosreestr personally at their branch or through the MFC. Within a short period of time, 3-5 working days, the registration of the encumbrance will be made. The applicant from Rosreestr will be sent or transferred personally an extract from the USRN, certifying the presence of encumbrances.
The procedure for extinguishing a mortgage
It's simple - from the moment of full repayment of the debt to the bank, the creditor is obliged to return the mortgage to the former debtor within one month. In order for the security to be returned to the borrower, it is necessary:
- Get a certificate from the bank about the absence of debts and claims;
- This document, along with the rest of the credit documentation and a copy of the passport, must be sent to Rosreestr;
- After removing the encumbrance, you need to fill out an application in which a request is expressed to return the mortgage;
- Together with the documents confirming the full repayment of the debt, the application is sent to the bank. From that moment on, the mortgage must be returned within a month.
Private questions
The topic is so broad for review that for its fullest study it is better to go through the most common questions of citizens.
Where is it stored?
The original is always with the bank (i.e. the lender and the mortgagee), the client may have a duplicate. It must be kept at home without fail, because there is always a possibility of force majeure - if the bank has an emergency, the original mortgage may be lost. Then it will be easily restored from a duplicate or will not be restored at all, because a duplicate can be recognized as the original.
Attention: according to the law, the borrower always has the right to demand a duplicate of the mortgage from the bank. Moreover, you can draw up a document without any restrictions, with any number of calls.
What if the bank lost its mortgage?
If there is a duplicate, it will be used as the original in most cases. If there is no duplicate, the bank will have to independently - without your help and financial participation - draw up the document again in Rosreestr.
What if the bank does not return the mortgage after paying off the mortgage?
This is illegal. Submit your complaint to the bank's management. If this complaint does not bring any effect, write a complaint to the Central Bank of the Russian Federation with a detailed statement of the problem. As a rule, after that, the bank promptly fulfills the client's requirements.
If, in this case, nothing happens, collect documents and appeals to various authorities (the management of the bank, the Central Bank of the Russian Federation, ordinary bank employees), write a claim and send it to court. The case will be won because this is a blatant violation of the law.
Do I need to do something if the bank sold the mortgage?
In this case, you must be notified within a month from the date of purchase and sale. The Bank is entitled to such sales and purchases. Remember that the duplicate has the same validity as the original, so you don't have to worry about the current owner of the original document.
Expiration date of paper
Three situations can terminate the relevance of a pledged paper:
- End of the term of the loan agreement;
- Fulfillment of obligations under a loan agreement (early repayment of debt, for example);
- Return of the mortgage to the client.
Brief summary of the article
So, we figured out what it is and why a mortgage is needed. In short, this is a document confirming the right to lien on real estate. The document has real monetary value, and therefore it can be sold, exchanged and other transactions can be carried out. The paper is drawn up in the bank, and he is also obliged to give it back to the client within a month after the full repayment of the mortgage.
Mortgages are the easiest way to improve your living conditions. The bank's borrowed funds have already become a way out for thousands of Russian families who have managed to acquire the property they need so much. The best guarantee of a loan repayment is a mortgage on an apartment with a mortgage.
One of the stages of registration of a mortgage is registration of a pledge. The confirmation of the bank's rights to the mortgage apartment becomes a document - a mortgage. Among other securities, mortgages are part of the investment portfolio of a credit institution.
To make sure that the mortgage is drawn up and certified correctly, it is necessary to have a good understanding of the whole process. Depending on the terms of the agreement between the lender - the pledgee and the borrower - the pledger, during the entire period of debt repayment, mortgages can be kept in the bank. But other options are also possible.
In this article
Mortgage on a mortgage: concept, function and meaning
The cost of an apartment is high, so most often a mortgage loan is issued for a part of its cost. The buyer pays the rest of the amount at his own expense (down payment). However, the mortgage does not include part of the apartment (share), but all of it.
Before signing a document prepared by the bank, you should read it very carefully (take it home, show it to your lawyer). Each of its clauses after signing is binding on the parties. If the disputed point does not contradict the legislation, then no matter how unfavorable for any of the parties it may be, it will have to be fulfilled.
The client has the right to offer another subject of pledge (not purchased real estate):
- land plot;
- another apartment;
- cottage, country house;
- industrial facility;
- commercial real estate - shop, beauty salon, office.
An important nuance: the collateral may belong to a family member (spouse, child, grandson, parents) of the mortgage borrower. In this case, the consent to the pledge of its owner must be certified by a notary.
What is it for
The borrower needs a mortgage in order for the bank to agree to issue a mortgage loan. But the credit institution itself can use a security for a variety of purposes:
- Partial sale of the collateral. Usually, such a transaction is drawn up between banks when the mortgagee needs cash for his activities. The buyer gets the right to receive, during the entire period of validity (or the agreed period) of the mortgage, part of the monthly payments on the loan. The borrower is usually not notified of such transactions, since nothing changes for him.
- Full assignment of rights. The mortgage is sold to another bank. The borrower is notified of a change in the current account, to which in the future it will be necessary to make current payments. The transaction is not reflected in the mortgage lending agreement in any way.
- Exchange of mortgages. An analogue of the assignment of rights, but it has a difference. Since the objects of the pledge are not of equal value, the recipient of the more expensive pays the difference to the other party to the transaction. It is usually used to return the loan amount in case of long-term non-payment of the loan. The mortgagee sells the apartment, returns his expenses and the remainder of the debt, and gives the rest of the proceeds from the sale to the client.
- Issue of equity securities. The amount of the mortgage bond can be divided by the mortgagee into several parts. For each part, you can issue a valuable emission paper, which is sold not only to legal entities, but also to ordinary citizens. The bank receives additional income.
All these operations are performed by banks with the main goal: to get additional income. Due to the difference between the loan amount, the value of the collateral, the sale price of the mortgage, you can get a small profit, but right away. This is justified for long-term loans.
Functions and purpose
According to the Civil Code of the Russian Federation, the main functions of a mortgage are:
- Indirect confirmation of the mortgagor's ownership rights to an apartment purchased under a mortgage. A copy can be presented along with the deed of sale and the loan agreement, proving the fact of registration of the mortgage.
- Confirmation of the owner's right to live in the apartment, but not to dispose of it (sell, donate, etc.).
- Protects the rights of the mortgagor in the sale of a mortgage to a third party. The new beneficiary will not be able to infringe on the rights of the borrower in any way, since they are all voiced in the terms of the mortgage.
The document acquires its legal force not at the time of its signing by the parties, but only after registration with Rosreestr. From the point of view of the financial market, this security serves to increase the turnover of the mortgage ability.
What information does it contain
According to the Federal Law "On Mortgage" (Art. 13), the mortgage bond contains the terms of the transaction, which the parties, by mutual agreement, have the right to change at any time. To do this, within 1 day after making the change, you must submit an application to Rosreestr. There is no state duty for this operation.
The document itself contains the following information:
- Full name.
- Information about the borrower (passport data).
- Information about the pledgee (name and details of the legal entity, including the actual and legal address, information about the license).
- Details of the mortgage agreement.
- Information about the terms of lending: loan amount, interest rate, repayment period.
- Loan repayment procedure (monthly payment amount, payment terms).
- The name of the pledge and its detailed description by which it can be uniquely identified (address, area, floor, details of the title document, the presence of other encumbrances).
- The value of the collateral, as determined by an independent expert assessment.
- Date and signature.
Additional items may take place. Each bank chooses them at its discretion, trying to foresee all possible disputes in order to avoid litigation in court.
Document validity period
The mortgage is drawn up on the basis of a mortgage agreement concluded by the parties, which has its own validity period. Usually the mortgage is valid for as long as the borrower pays the loan. During all this time, the mortgage is also valid.
In other words, until the mortgage is repaid 100%, the mortgage will be valid. If the term of the mortgage agreement is extended, then the pledge is extended. Termination of the pledge is carried out in accordance with Art. 352 of the Civil Code of the Russian Federation on the basis of:
- Fulfillment of the obligation (repayment of the mortgage).
- Set-off of counterclaims of the parties.
- Debt forgiveness.
- Liquidation of a legal entity (creditor).
The mortgage bond may be terminated ahead of schedule at the request of the mortgagor in the event that the pledged item itself is with the mortgagee and is not properly maintained by him.
Since the mortgage is registered in Rosreestr, the mark on the termination of the pledge is also put in the USRN within 3 days after the submission of information on the full repayment of the mortgage:
- applications from the pledger and from the pledgee;
- a mortgage with a bank mark on the execution of the mortgage agreement (or a court decision to terminate the mortgage).
The mortgage is canceled after the entry on the repayment of the mortgage is made in the USRN. It is possible to remove the encumbrance from the apartment only in this way.
How to issue a mortgage
As already mentioned, they begin to draw up a mortgage when an agreement has already been reached between the bank and the client about the fact of the mortgage. The object of purchase has been selected, the bill of sale has been drawn up, the mortgage lending agreement has been signed. Now the bank is proceeding with what cannot be done without - the registration of the collateral.
Checklist
Whichever bank the client turns to (commercial, state), he has to go through the standard procedure. It is preceded by negotiations, during which the management of the credit institution makes a decision: to agree and issue a mortgage loan, or to refuse the client.
The standard procedure for registering a mortgage consists of the following stages:
- The bank, on the basis of the documents submitted by the borrower, prepares a form, which indicates all the mandatory points and information about the subject of the pledge, the mortgage agreement, the details of the parties.
- The borrower (pledger) gets acquainted with the content of the document, verifies the accuracy of the information provided, and signs.
- A certified mortgage by the bank is transferred for registration to Rosreestr. The registration fee is paid by the pledger.
- The certified document is returned to the bank and kept until the full repayment of the mortgage loan.
At any time, the borrower can contact the administration of the mortgagee to obtain a copy of the mortgage for presentation to various authorities.
Required documents
In the same way as when drawing up a mortgage agreement, when registering a mortgage, it is necessary to present an identity document of the mortgagor (passport). Additionally, the bank will require to show a document confirming the borrower's ownership of the pledged object. At the moment, this document is an extract from the USRN, which is ordered from Rosreestr.
You should come with the opinion of an independent expert about the value of the mortgaged apartment. It is important to apply only to those expert companies that have an appropriate license (SRO admission) to provide this type of service. In this case, you can use the same assessment that was performed before the apartment was registered with Rosreestr after the sale.
Appraisal of an apartment for a mortgage
The assessment itself is necessary so that the bank can compare the value of the collateral with the size of the loan issued by the client. If the expert's report shows that the value of the collateral is inferior to the size of the loan, then the client will be refused a loan. If the agreement has already been concluded, then the lender has the right to demand additional security for the loan.
You cannot assign an evaluation to an arbitrary company. The bank must approve the candidacy of the expert. If you choose an expert not accredited by the bank, then his report is unlikely to be accepted.
The apartment is assessed by:
- By assessing its technical condition (based on the results of inspection, photo and video filming).
- Comparative appraisal of similar properties and determination of the average market value.
The expert's report reflects a list of the measures taken, the conclusions reached, the exact amount at which this property was assessed.
Price
Banks charge fees for various transactions. Meanwhile, it is for the registration of mortgages that the client usually does not pay. His expenses are related to the hiring of an appraiser, whose report is required to process the collateral.
The banks themselves offer borrowers a list of expert organizations accredited by them. You can choose any of them, for example, by comparing the prices for their services. These costs are fully borne by the mortgagor.
What to do when refinancing
When refinancing a mortgage loan, the mortgage on an apartment on a mortgage is reissued to a new credit organization. Since the borrower exchanges one loan for another with the change of the lender, then the subject of the pledge is transferred to the new pledgee. The first bank voluntarily assumes the risk of being left without collateral for the short period during which the loan is refinanced.
Table 1. Mortgage refinancing rates (December 2017)
| Name of the bank | Interest rate, % |
| VTB 24 | 10,7 |
| Sberbank | 10,9 |
| Opening | 11,99 |
| Raiffeisenbank | 9,99 |
After all registration activities are completed, the client will receive a mortgage loan from a new bank, pledging the same apartment. The old bank will receive the required amount to pay off the original loan. Since the old mortgage is canceled, a new one is drawn up, which means that all the costs associated with this, the borrower will have to pay again.
Mortgage on a mortgage - a sample on the example of Sberbank
A typical mortgage on an apartment on a Sberbank mortgage looks like this.
Mortgages of other commercial and state banks do not differ significantly from this form. The main points will be identical. You can fill out the document on a computer or by hand (the first option is preferable). Signatures of the parties and wet seals are affixed with the date.
Requirements for filling out the document
The main requirement for a Sberbank mortgage is the accuracy of the information provided.
Therefore, in addition to the standard list of documents, the pledger must provide copies and originals of documents:
- Notarized consent of the spouse for the registration of the pledge.
- Cadastral passport, floor plan and explication of housing.
- If at the time of acquiring ownership of the pledged item the pledgor was not married, then he submits a notarized statement about it.
- If the co-owners of the pledge are minors, then the consent to the transaction of the guardianship authorities is presented.
- Instead of the notarized consent of the spouse, you can present a marriage contract (it must stipulate the regime of separate property of the spouses).
- Extract from the house register indicating all persons registered in this living space.
- Extract from the Unified State Register that the land under the house belongs (is in shared, joint or other ownership) to the mortgagor, if so.
This list of documents should not raise questions from the mortgage borrower. Collecting them will not be difficult.
Sale of mortgages
According to the Civil Code of the Russian Federation and the Law "On Mortgage", banks can dispose of their securities at any time. For example, the sale of mortgages on mortgage loans is allowed:
- To other Russian banks.
- International credit organizations.
- Offshore funds.
Important: the requirement to timely inform the mortgagor about the future sale of the mortgage is mandatory. Failure to execute it will invalidate the sale and purchase.
One and the same mortgage can be resold an infinite number of times during the period while the mortgagor pays off the mortgage loan. In this case, the initial conditions set forth in it remain unchanged. Even with refinancing, only the legal entity of the pledgee changes in the document.
What to do if a mortgage document is lost
The borrower cannot lose the mortgage, as it is kept in the bank. But the pledgee himself may lose the form. This can happen for any reason (negligence, fire, unknown cause), but there are always two ways to solve the problem:
- Restore the security (issue a duplicate). After that, the procedure for registering a mortgage in Rosreestr is again carried out.
- The encumbrance from the pledged object is removed in court.
The first option does not promise any particular problems, since both sides are interested in an early settlement of the problem. The second way is chosen when the parties cannot agree with each other peacefully.
Duplicate rules
The duplicate, like the original form, is prepared by the lender and handed over to the pledger for signing. At this point, it is very important to make sure that no errors and changes have crept into it. A copy of the lost document, which should be available from the borrower, will greatly help in this.
After the signing of the new form is completed, the inscription must be put on it: "Duplicate". After carrying out standard registration actions, a copy of the new mortgage will remain in Rosreestr (the original will be transferred to the bank). It also checks that the new document complies with the original version. The bank shall bear the costs of the new registration.
The mortgage on the apartment after the repayment of the mortgage must be transferred to the borrower. This is drawn up according to the act of acceptance and transfer. The form contains a record that the bank has no claims against the client.
To return a mortgage on a mortgage, you must contact the bank office, presenting an extract on the repayment of the mortgage (it is stored for 3 years after the loan is closed). With this document, they apply to the Companies House to remove the encumbrance from the pledged object. A state fee is paid for this operation.
Brief summary
Making a mortgage collateral insignificantly increases overhead costs, but allows you to get a loan on much more favorable terms than without it. The difference in interest rates can be very large - up to 10%.
Another benefit is that until the encumbrance is removed from the property, no one will be able to do anything with it (sell, bequeath, donate).
Banks often require mortgages as a guarantee that mitigates existing risks. This document is a security. It is backed by a mortgage. It is used as documentary evidence of the transfer of the purchased property as collateral. Under certain conditions, a banking organization has the right to use a mortgage (as a copyright holder or seller) in order to gain some of the profits. Additional confirmation of obligations is not required.
Usually, the document is drawn up in relation to such objects:
- Apartment;
- Private house;
- Plot (with or without buildings);
- Commercial premises or building, etc.
Thanks to the presence of a mortgage, a banking institution reduces its risks. If the borrower violates obligations, debt accumulates (with the inadmissibility of restructuring or finding other compromises), the organization has the right to sell the property, thus reimbursing its losses. If, after paying off the financial obligations of the borrower, funds remain, they are transferred to the pledger.
The mortgage is mainly made out in the bank, moreover, at the time of signing the mortgage agreement. This paper can help the organization if times are tough. If there is a risk of bankruptcy, such documents can provide significant assistance in leveling the situation.
A financial institution has the right to use the document for:
- Partial sale of pledged property;
- Emissions;
- Exchange of securities;
- Assignment of Rights.
Partial sale of the collateral is needed if the bank needs to receive a certain amount.
Is a mortgage required
The mortgage is drawn up by agreement of the parties when concluding a mortgage transaction. It is not a required document. However, the paper means that the bank will not lose its funds if the borrower ceases to fulfill the obligations under the signed agreement.
What is it for
Both parties need it: the bank and the borrower. If the benefits of the first have already been said, it is worth paying attention to the other participant in the process. When a financial institution reduces its risks, it offers more loyal terms. This means that the borrower can take out a mortgage on a mortgage at more favorable lending interest rates (low cost of a mortgage).
Document structure
Registration of a mortgage (structure, form) is not strictly regulated, however, there are certain requirements for its content. They are established by law. The title must undertake to contain the word "mortgage".
The text contains the following information:
- Full name and passport data of the person who pledges the object;
- Data of the original mortgagee;
- Name and date of execution of the loan agreement, the implementation of which is secured by the loan;
- Amounts: principal obligation, interest to be paid off on debt (or criteria for assessing the size of debt obligations);
- Terms of payment of all amounts (indicating the size and periods of payments);
- The name and location of the object for its identification;
- Data on the document confirming the pledger's rights to the property that is being pledged;
- Encumbrances that are imposed on the property at the time of registration of the document;
- Signatures of the parties;
- Data on the performed procedure;
- Date of delivery of the paper to the mortgagee.
If the conditions for registration are not met, the document will be considered invalid (even if the title contains the word "mortgage", it will not be considered as such). You can find samples on the official websites of banking institutions.
What a security looks like
Forms may differ in design. However, as indicated, the data in the document must comply with the requirements of Federal Law No. 102 "On Mortgages". Before signing the mortgage, it is necessary to verify all the data with the information specified in the mortgage agreement.
If the data differs, the information indicated in the security takes precedence! Look carefully to see if everything is filled in correctly.
How to get a mortgage on a mortgage
Since July 2018, the electronic mortgage format has also been used. Its design is simplified. You need to fill out a form on the Rosreestr website. The document must be certified by the signatures of the parties and the registrar.
When drawing up a security, the requirements for structure and content should be observed. Paper or electronic format - the choice is made by the parties. The borrower should take the content of the mortgage seriously, as his rights and obligations for several years will depend on it.
If disagreements appear during the execution of the document, they require immediate approval. The signed paper begins to operate, it will be extremely difficult to make changes in the future.
Conventionally, the process of registering a mortgage on a mortgage can be divided into two stages:
- Signing;
- Registration.
Registration of a mortgage takes place in accordance with regulatory requirements. It is necessary to draw up a document correctly and submit it along with the rest of the list of documents (indicated by a government agency). Let's take a step-by-step look at the procedure for registering a mortgage.
Step # 1. Contacting the bank
The mortgage deed must contain information about the property and the parties signing the documents. After contacting a banking institution, the following papers will be prepared:
- A copy of the borrower's identity document (guarantor, sometimes permanent registration is needed).
- Object appraisal act and report (the limitation period should not exceed 6 months, such documents can be drawn up by a bank employee or a third-party organization).
- A copy of the agreement with the developer or a document of purchase and sale (confirmation of the fact of ownership of the object).
- A copy of the marriage certificate.
- A copy of the mortgage agreement.
- A copy of the acceptance certificate.
- Copies of papers from the BTI.
This is an average list of documents required for a mortgage. It may differ, taking into account the region, organization, etc. The list of required papers can be obtained from a bank employee in advance to simplify the preparation procedure.
An insurance policy must be drawn up for real estate. He is a guarantee for the bank if something happens to the collateral, for example, a fire. If an insured event occurs, the financial institution will be rewarded according to the risks.
The bank needs all these documents, as it is worth recalling that the mortgage is an important document that guarantees the return of funds provided to the borrower. The signing of the paper takes place when the mortgage agreement is drawn up. In theory, both parties should be involved in the preparation of the document, but in fact this responsibility is assigned to the bank employee. The client only needs to read and sign.
Usually it takes about half an hour to get a mortgage. Then you need to register it.
Step number 2. Payment of the state fee
After signing, the mortgage must be registered. This procedure is paid, taking into account the conditions of the Tax Code of the Russian Federation for different categories of payers:
- Individuals - 2000 rubles;
- Organizations - 22,000 rubles.
The state duty can be paid at the box office of Rosreestr and not only. The payment can be accepted by the bank or terminal.
You should keep the receipt, which will be the confirmation of payment. You will need it when submitting documents. If a mortgage is issued for existing housing (the bank issues money for personal real estate), the costs of this procedure are excluded.
The state duty is also charged in such cases:
- Change of the mortgagee;
- Making changes to registry entries;
- Replacement of the copyright holder, etc.
Step number 3. Registration
The procedure is performed by Rosreestr employees. To do this, you need to contact the territorial division. Registration is carried out with the provision of such papers:
- Passport. If the property has several owners, documents of all participants are required. When buying an apartment from a developer, the papers are provided by his representative. If real estate is purchased on the secondary market, documents from the seller are required. If a minor is among the owners, not only a birth certificate is required, but also the permission of authorized persons.
- Ownership papers. This also includes the original mortgage, the acceptance certificate, etc.
- Object appraisal report.
- Receipt for payment of state duty.
The exact list of necessary documentation should be clarified directly at the MFC department or department of the body. Refusal to accept documentation may be if not all papers are available, or they are in an inadequate state.
The registrar assigns a number to the document (mortgage bond), and also indicates the place of the procedure, the name of the body, the date of issue of the paper. The electronic format makes it possible to simplify and speed up the solution of the problem. In the normal mode, the mortgage is registered within 5 days (working days). When accepting papers, an employee of the body issues a receipt indicating the documents accepted.
Step number 4. Obtaining a certificate
At the specified time, you should contact Rosreestr. After the receipt of the receipt, the following will be issued:
- To a banking institution - the original of the mortgage;
- To the borrower - an extract from the register indicating the fact of encumbrance.
Step number 5. Getting a duplicate
To get a duplicate of a security (actually restore it), you need to contact a banking organization. This procedure is worth going through in order to obtain confirmation of the conditions of the deposit. Sometimes institutions lose documents, they cannot be returned. In addition, a duplicate is issued free of charge. When issuing paper, it is worth checking the data with the original.
Storage
As noted, the mortgage after registration is issued to the bank, it must be with him. After all, it is this organization that is the mortgagee. The paper must be stored in the archive of the organization until the borrower fully calculates the existing financial obligations (transfer to third parties if circumstances arise in accordance with the law).
The document is returned in such cases:
- Early repayment of debt;
- Scheduled mortgage settlement on time.
Having received a mortgage, the client can remove the encumbrance from the home.
Which banks can you apply for
Consider which financial institutions can provide a mortgage:
- Sberbank;
- "Alfa Bank";
- Uralsib;
- Gazprombank;
- "Revival", etc.
That is, all banks of federal significance are engaged in the registration of securities. One of the market participants is the Agency for Housing Mortgage Lending (AHML), a bank established by the Government of the Russian Federation in 1997.
When contacting a bank, you should carefully read the terms of registration of a mortgage. It is necessary to agree only if it is convenient and possible to implement the put forward requirements.
What will happen after the mortgage is paid
The bank has two weeks (unless otherwise specified in the agreement) to issue the original security to the borrower. The mortgage deed must contain a mark on the fulfillment of financial obligations. To remove the encumbrance, not only this document is needed. The borrower should receive the following papers:
- Bank letter confirming the fulfillment of obligations by the borrower;
- Power of attorney for the right to submit documents to Rosreestr;
- Confirmation of the transfer of the mortgage.
In addition to these papers, the borrower must provide a passport and title document to Rosreestr. After that, you can draw up a new document without a mark of encumbrance. That is, after settlement of the loan by the borrower, the banking organization loses the right to dispose of the real estate.
What to do if the mortgage is lost
There are cases when a security is lost. There is a duplicate for this, which can be done at any time. What is the price? The paper is issued free of charge. The borrower only needs to sign some of the documents.
If the question arises about what will happen if over time the original mortgage is found, you should calm down. Such an event does not bear any legal consequences. In fact, by this time the encumbrance will be removed, the property will again belong to the former borrower in full.
Is it allowed to make changes to the mortgage
Taking into account the legislation, changes can be made to securities (by agreement of the parties). Cases: change in the loan agreement, change of owners, etc. After making the changes, the data must be submitted to Rosreestr.
Another question is if a duplicate is made. It must correspond 100% to the original. Inconsistent changes are not allowed!
An unscrupulous counterparty may well take advantage of the situation by making edits to the duplicate without the knowledge of the borrower. And even though this action is illegal, it is very difficult to prove it. Therefore, the best solution is to double-check the data when you receive the document.
What to do if the bank does not issue a mortgage after payment of the mortgage
If bank employees postpone the elimination of restrictions on housing, it is necessary:
- Write a statement addressed to the head of the organization.
- Send the paper by certified mail (if it is transferred to the employee, he must put on the copies: date, incoming number, signature and seal).
If the bank has not responded to the appeal, you can write a complaint to the Central Bank of the Russian Federation. This approach quickly solves any difficulties in this direction.
You should go to court in extreme cases: if the previous steps were unsuccessful. Moreover, it is necessary to insist not on the issuance of a mortgage or a duplicate, but on the removal of the encumbrance (if the debt is repaid in full). After all, what is important is the fact of transferring the real estate into full ownership of the former borrower, and not receiving the paper.
How to find out if a mortgage was issued
The presence of an encumbrance on real estate is not yet a confirmation of the existence of a mortgage. The best way to find out is to contact your dealer or bank. If there is no mortgage, after repayment of the debt, the encumbrance is removed faster. Otherwise, you will have to wait for the permission of the credit institution.
Is it possible to get a mortgage without a mortgage
A mortgage is not a prerequisite for purchasing real estate on credit. However, many organizations are inclined to issue this security, as it significantly reduces risks.
How are things going when buying a home under construction?
If you buy a property that is still under construction, the right of claim against the developer may be the collateral. Often this is enough, however, due to the presence of increased risks, the bank has the right to request additional security for the transaction. Then, in addition to the possibility of requiring the developer to fulfill obligations for the construction of housing, it will be necessary to provide liquid assets.
Sale of mortgage
For some, this may seem like news, but the bank can sell the security to another institution, and without the consent of the borrower (only with notification). And here you need to understand that the change of the pledgee does not carry risks for the pledger if the latter responsibly fulfills its obligations.
For the borrower, the details of the credit institution will actually change. The mortgage agreement continues to operate. The amounts, terms and other conditions remain the same. Only further mortgage issues are resolved with the new organization.
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