Maternity capital as a down payment for housing. Mortgage against maternity capital. Actual use of maternal capital: a convenient option

Expanding the law on maternity capital. According to its provisions, certificate funds can now be directed to payment of a down payment on a mortgage. Previously, maternity capital was allowed to be spent only on repaying the principal debt and interest on a mortgage or loan. However, in 2019, borrowers continue to face difficulties in obtaining a mortgage where capital funds are used as a down payment; many banks establish additional fees for processing such a transaction. You also need to keep in mind that it will most likely not be possible to use maternity capital to pay the down payment.

mortgage or you can borrow a loan immediately after issuing a certificate for maternal (family) capital (MSK), wait three years from the date of birth or adoption of a second or subsequent child not necessary.

Conditions for paying a down payment using maternity capital

Although the law allows the use of MSC funds to pay down payment on mortgage, not all banks are ready to issue a loan or loan on such conditions. The fact is that a certificate for maternal capital is not a reliable guarantee of the applicant’s solvency.

Credit institutions may also encounter other difficulties. In case of failure of the borrower to fulfill loan obligations:

• The bank will have living space with minor owners as collateral. Difficulties will arise when selling such real estate to pay off debts.
• Such a deal will be easy to challenge and invalidate. This can be done by the guardianship and trusteeship authorities, the procurator, or the children of the owners themselves, if they were not allocated shares after the encumbrance was removed from the housing.

Despite the risks, the number of banks providing mortgages with a down payment at the expense of MSC is growing. A prerequisite for many of them is additional contribution by the borrower own funds (in addition to the initial contribution from maternity capital), in most cases this 5 or 10 percent from the assessed value of housing. Minimum an initial fee when applying for a mortgage with such conditions will be 10 percent from the cost of the purchased property.

That is, if a family buys a one-room apartment worth 3 million rubles and takes out a mortgage loan from a bank, which requires an initial payment from maternity capital in the amount of 15 percent of the cost of living space, as well as the provision of 5 percent of their own cash, then the amount of maternity capital 453026 rubles just enough to pay the first installment; an additional 150,000 rubles will need to be provided.

The contribution amount from personal savings often depends on how the borrower verifies his or her income. If provided 2NDFL certificates an out-of-pocket contribution may not be required. If solvency is confirmed bank certificate, most likely the borrower will need to provide 10 percent of the cost of housing.

Mortgage with state support and maternity capital

In 2019, in the regulatory framework still no amendments, which would allow the funds to be used as a down payment on a mortgage with government support. This means that since 2015, the opportunities for young families to improve their living conditions by obtaining a mortgage have not increased significantly. The fact is that most mortgage transactions are executed with state support, that is, the state subsidizes part of interest rate for the purchase of apartments on the primary real estate market.

There is also a good reason to believe that maternity capital cannot, or at least is problematic, be used to pay the first installment on preferential mortgage, are the words of Elena Sudarikova, an expert on the largest financial portal in the Russian Federation, Banki.ru. In an article about the first annual results, she said that one of the shortcomings new program is the inability to use as a down payment maternal capital. As the expert notes, such a decision is not logical, given that the subsidy program is designed for families where a second or third child was born.

The procedure for using capital to pay the down payment on a mortgage

To use MSC funds to pay the down payment on a mortgage, It is not necessary to wait until the child is 3 years old, this can be done immediately after issuing a personal certificate. Real estate can be purchased both on the primary and secondary market.

The procedure for using capital to pay the down payment on a mortgage is as follows:

1. Appeal to the Pension Fund for a certificate about the balance of unused funds in the certificate for maternity capital (not always necessary in this order, the document can be brought within 3 months after the application is approved by the bank).
2. Submitting an application to the bank, providing the required documents.
3. Selection of a property (if the application is approved).
4. Providing documents for the purchased property.
5. Signing loan documentation.
6. Applying to Rosreestr to register the right to housing.
7. Applying for a home loan.
8. Submitting an application for an order to the Pension Fund.
9. If a positive decision is made, funds will be transferred to MSC bank no later than in a month and 10 workers days after registration of the application.

Banks may require a different list of documents. The standard list looks like this:

1. MSK certificate.
2. Certificate from the Pension Fund of the Russian Federation regarding the balance of unused capital funds (valid for 30 days after issue).
3. If the borrower does not confirm income and employment, you will need to provide:
   • Application from the borrower.
   • Passport with registration stamp.
   • International passport, driver's license or other identification document.
4. When confirmation permanent income and employment:
   • Application from the borrower (co-borrower).
   • Passport with a registration stamp or confirmation of registration at the place of stay (in case of temporary registration).
   • Confirmation of solvency and employment - 2-NDFL certificate or bank certificate(valid for a month from the date of issue).
5. When pledging another property - documents on the collateral.

Documents on the purchased property are allowed to be provided within 3 months from the date the bank approves the loan application.

The following documents must be submitted with the application for disposal to the Pension Fund:

• Maternity capital certificate or its duplicate.
• Passport of a citizen of the Russian Federation.
• Copy loan agreement for the purchase or construction of housing.
• A copy of the mortgage agreement that has passed state registration.
• The obligation to allocate shares in the purchased housing to all family members.

In accordance with the federal law that has entered into force*, maternity capital funds can be used to pay the down payment on a housing loan or loan without waiting for the third birthday of the child who has given the right to receive a maternity capital certificate.

It was possible to use maternity capital funds to repay housing loans before the child’s third birthday, but this rule did not apply to the down payment. This restriction has now been lifted.

In addition, currently territorial authorities Pension Fund Russian Federation are accepting applications for lump sum payment from maternity capital in the amount of 20,000 rubles.

Families living on the territory of the Russian Federation who have received or will receive the right to a maternity certificate as of December 31, 2015 and have not used the entire amount of maternity capital for the main areas of capital expenditure can exercise the right to receive a lump sum payment. If you decide to receive a lump sum payment, an application to the Pension Fund must be submitted no later than March 31, 2016.

All holders of a maternity capital certificate residing in the Russian Federation can submit an application, regardless of how much time has passed since the birth of the child who gave the right to receive the certificate.

The application must indicate SNILS number, as well as the series and number of the maternity capital certificate. You must also have with you an identification document and a document confirming the opening of an account containing information about the account details, to which 20,000 rubles or the amount of the balance on the account of the certificate holder will be transferred in a single payment within two months, if it is less than 20,000 rubles . Families will be able to use this money for everyday needs.

Currently, the number of Russian families who have received a maternity capital certificate from the Pension Fund has exceeded 6 million, while 48% of them have already managed the full amount of maternity capital.

The most popular area for spending maternity capital remains improvement living conditions: more than 3 million Russian families allocated funds for these purposes. Of these, 2 million families partially or fully paid off with maternity capital. home loans in the amount of 760 billion rubles. More than a million more families improved their living conditions by using maternity capital funds in the amount of 368 billion rubles for the direct purchase, construction or reconstruction of housing without using credit funds.

The Pension Fund of Russia accepted more than 200 thousand applications worth 10 billion rubles for the education of children; for the transfer of funds to the mother’s funded pension - 2.7 thousand applications for 539 million rubles.

Do you think we should expect this or not?

Maternal certificate has become the most effective way to ease the mortgage burden for families with children. Such effective help from the state is coming from 2007 to 2018, the amount of maternity capital is 453,026 rubles.

This amount, according to the law, can be spent on improving housing conditions (including a mortgage), on the child’s education, the social adaptation of a disabled child and on the mother’s pension. The purpose of this article is to discuss the issue of using maternity capital for a down payment on a mortgage.

You can spend maternity capital on a down payment on a mortgage, even if the child is under 3 years old

On May 23, 2015, President of the Russian Federation V.V. Putin signed Federal Law No. 131-FZ “On Amendments to Articles 7 and 10 Federal Law"ABOUT additional measures state support families with children”, which from the moment of its signing it is allowed to spend maternity capital on a down payment on a mortgage . Let us remind you that previously it was allowed to use capital for a down payment only when the child turned 3 years old. This information is also available on the website of the Russian Pension Fund.

Before going to the bank and starting the mortgage procedure, spouses should remember a few important points:

• First you need to have a certificate in hand, and only then apply for a mortgage;
• Meet the basic requirements regarding the amount of income sufficient to service the mortgage. At the same time, even when using maternity capital, it is not forbidden to attract co-borrowers.
• It is prohibited to use maternity capital when purchasing real estate on land whose status is not individual housing construction.

How much mortgage loan should a family expect, taking into account the right to use maternal capital? The bank calculates a possible loan, taking into account the joint income of the spouses (as well as co-borrowers, if necessary), and then adding the amount of maternity capital to this amount. In addition, when paying with capital in the first installment, its amount is reduced by the amount of maternity capital.

Example: a family, based on income, has the opportunity to get a mortgage loan in the amount of 2 million rubles, in addition, 30% will be the down payment, i.e. 600 thousand rubles. Thus, the bank will be able to give a loan in the amount of 2 million + 453 thousand = 2.453 million rubles, and the client needs to make 600 – 453 = 147 thousand as a down payment. rubles It turns out that maternity capital increases the possible loan amount, and at the same time it pays the down payment.

What kind of apartment can I buy? There are no restrictions at the legislative level. You can purchase an apartment both on the secondary market and in a new building. In the latter case, the bank may require a share participation agreement.

How it works in practice

1. You need to choose a bank that issues a mortgage using maternity capital. He should be provided with a set of necessary certificates, such as: identification documents; income certificates; maternity capital certificate; documents on family composition. In the case where the mortgage is issued to the husband - a marriage certificate.
2. After reviewing all the certificates and calculating the possible loan amount, the bank issues the client a confirmation letter, which is valid for 6 months. At the same time as going to the bank, you can immediately contact the Pension Fund with an application to transfer maternity capital towards a future mortgage.
3. After the Pension Fund confirms its consent to the use of maternity capital in the form of another application, the client goes to the bank with it again.
4. After completing the purchase and sale transaction, the client again goes to the Pension Fund, this time with an application for the transfer of maternity capital funds, now providing full list documents, such as: loan and mortgage agreements, a certificate of ownership, a written certified obligation to allocate shares in it to all family members, including children, within 6 months from the date of removal of the encumbrance on the housing.

It is worth noting the following point.

In order to be able to use maternity capital, the bank will require the client to provide documents on the ownership of the purchased property, i.e. those documents that are in hand after purchase and sale transactions. And at the same time, in order to complete the transaction, the client needs a bank mortgage loan.

Is it a vicious circle? Banks use the following technique for this - they issue the client 2 loans at once, one of them is standard, for most of the apartment being purchased, and the second is for the initial loan. Therefore, until the pension fund transfers maternity capital funds to the bank’s current account (usually within 3 months), you will have to pay off the second loan from your own resources. At what rates and conditions is a second short-term loan issued against future repayment with maternal capital - all this must be clarified directly with the bank itself. You should also remember that the Pension Fund of the Russian Federation may refuse to transfer funds to a bank account. These cases are rare, and are more often associated with the inattention of the applicant or inaccuracy of certificates.

Therefore, you should calculate your strength in advance as soon as the bank approves the loan, because assistance from maternity capital may “take longer” over time.

As you can see, you will have to run around a lot and collect a lot of paperwork, but your own housing and assistance in the amount of 453 thousand rubles are worth it. With the change in legislation, it is hoped that many more families will take advantage state aid in the form of maternity capital, including to repay the down payment on the mortgage.

Which banks accept maternity capital for down payment?

In fact, banks don’t care whether you use maternity capital or not. After all, the state pays for it. The only catch may be that the time frame increases greatly when a certificate is used. Therefore, not all banks are ready to cooperate with such clients to obtain mortgage loans. Here is a list of some banks where you can use maternity capital to pay the down payment on a mortgage:

• Sberbank;
• VTB 24;
• UniCredit Bank;
• VTB Bank of Moscow;
• DeltaCredit;
• and several smaller banks.

Now mortgages with maternity capital are available in almost all credit institutions. To take advantage of this type of lending, you must first obtain the appropriate certificate from the Pension Fund. It is this document that gives the right to use government money under the “mat. capital". Most banks require a standard package of documentation when applying for a mortgage with maternity capital. But sometimes financial institution may request additional papers.

Use of maternity capital

One of the purposes of using maternity capital funds is to improve housing conditions. You can buy housing with this money only after the child turns three years old. The exception is:

• sending funds to pay off the mortgage;
• depositing this money as a down payment.

Under such conditions, there is no need to wait until the child is three years old. You can start the process of buying a home with a mortgage.

Depending on the credit institution, the period for reviewing an application for a mortgage with maternity capital can range from two days to one month.

Documents for registration

Standard package of documentation for registration:

• certificate and its photocopy;
• certificate 2 – personal income tax on income for the year;
• certificate from the Pension Fund about the balance in the MSC funds account;
• identification;
• certificates of income of other family members;
• real estate purchase agreement;
• documentation for the purchased housing;
• when part of the property is not immediately registered in the name of children, a notarized undertaking is required that the property will be re-registered within a month.

In addition to the standard documentation package, a specialist credit institution may request additional papers.

Banks and conditions

Almost all banks now work with the “matkapital” program. We list the lending conditions in the most widely used credit institutions:

All listed banks have their own official website. Using a special calculator, you can calculate the approximate mortgage payment before going to the bank. Bank interest for a loan depends on the program and the name of the credit institution. Therefore, before taking out a mortgage, it is recommended to conduct a thorough analysis of the offers.

To use the subsidy as a down payment on a mortgage, you need to get a certificate from the Pension Fund office about the amount of remaining funds, apply for a loan, loan documents and with a certificate for maternity capital, contact the Pension Fund branch to transfer funds to the bank.

On May 23, 2015, Law No. 131-FZ came into force. It makes it possible to use maternity capital funds for a down payment on a mortgage before the child turns 3 years old.

To use family capital for a down payment on a mortgage, you need to go through the following steps:

• obtaining a certificate of funds balance from the Pension Fund;
• mortgage registration;
• applying to the Pension Fund with an application for disposal of family capital funds.

Obtaining a certificate for maternal capital

The package of documents required to obtain a certificate is submitted to the territorial body of the Pension Fund of Russia (hereinafter referred to as UPFR) at the place of residence (stay) or actual residence or at the MFC (). You can enter information on documents and write an application in personal account on the State Services website. Required documents:

• birth certificate for each child (or adoption certificate);
• a document confirming the child’s Russian citizenship (certificate of registration at the place of residence (Form 8));
• mother's passport (or);
• The official representative must have a passport of a citizen of the Russian Federation and a notarized power of attorney confirming his authority.

Review lasts one month from the date of submission. Then you will receive a notification by mail that the certificate is ready, and you can pick it up.

Indexation of maternity capital has been discontinued until 2020. If it is renewed, the subsidy amount will change automatically; there is no need to change the form.

About the subsidy

Maternity capital is a benefit that cannot be obtained in real money. All calculations are carried out only in non-cash form.

Any schemes for cashing out maternity capital are fraudulent and fall under Article 159.2 of the Criminal Code of the Russian Federation, according to which the convicted person faces a fine of 120 thousand rubles or in the amount of that person’s earnings for one year. Either 360 hours of compulsory labor, or 1 year of correctional labor, or a suspended sentence of up to 2 years, or arrest for 4 months.

It was allowed legally from maternity capital. If such a payment has been made, the remaining funds cannot be used as a down payment. Therefore, before submitting documents to the bank, you need to get a certificate from the UPFR stating that no money was issued from maternity capital.

In 2017, cash payments from maternity (family) capital are not made.

Bank selection

Most banks work with maternity capital, but not all accept subsidies as a down payment. Thanks to the fact that large credit organizations issue mortgages against capital, families will not have problems finding a lender.

Table 1. Brief comparative information credit organizations

If the bank where you receive wages If one of the borrowers accepts maternity capital as a down payment, then it is better to apply there first to obtain a mortgage. The person in this case is salary client and can count on preferential terms lending.

Collection of documents

So, the bank has been selected. Now we need to cook necessary papers. You can apply for a loan:

1. If the property has not been selected, and the loan amount is planned approximately (or the maximum possible taking into account family income).
2. If a property is selected and the loan amount is the cost of a specific home.

Author: . Higher legal education: North-Western branch of the Russian Academy of Justice (St. Petersburg) Work experience since 2010. Contract law, tax consulting and accounting, representation of interests in government agencies, banks, and notaries.
July 8, 2017.