Providing mortgage lending. The concept of mortgage: the essence, types, participants and algorithm of provision. Objects and subjects of mortgage

Good afternoon, dear readers of the financial magazine "site"! Today we will talk about mortgage and mortgage loans: what is it, how to calculate a mortgage online, what are the conditions for obtaining a mortgage in 2019, what mortgage lending programs are offered by leading banks.

The publication will be useful to everyone who has decided or is still thinking about such a possibility. It would be useful to read the article for those who wish to expand their knowledge in the field of finance. Therefore, we recommend absolutely everyone not to waste time, but to start reading!

So, from this article you will learn:

• What is a mortgage loan and what are the advantages and disadvantages of a mortgage;
• What are the special mortgage lending programs;
• What are the steps involved in obtaining a mortgage?
• Basic conditions for issuing a mortgage in Russia;
• What are the features of calculating payments on a mortgage loan;
• Which banks offer the best conditions;
• Whom to contact for help in obtaining a mortgage.

In addition, at the end of the article, readers will find answers to the most popular questions about mortgage lending.

The publication turned out to be quite voluminous, so use the content.

About what a mortgage is, what are the conditions for obtaining a mortgage loan in the leading banks of Russia, how you can quickly calculate a mortgage online, as well as what mortgage programs exist - we will tell in this issue

1. What is a mortgage in simple words - an overview of the concept and its essence 📋

What is a mortgage?

Mortgage- This is a special type of collateral, which is designed to insure the lender against a possible non-repayment of funds. In this case, the purchased property is used as collateral.

Traditionally, real estate is used in mortgages - apartment, residential building, share in the object.

When registering a mortgage, the property on the right of ownership belongs to the buyer. At the same time, due to the fact that it is a pledge, the lender has the right, if the borrower fails to fulfill its obligations sue property to your advantage.

In addition, the owner does not have the right to dispose of the property at his own discretion. Without agreement with a credit institution, he cannot sell or donate real estate encumbered with collateral.

1.1. The meaning of a mortgage

The main characteristic of a mortgage is pledge . Its presence is the most important condition for the existence of this economic concept.

Should be understood that not only the purchased property, but also the property already owned by the borrower can become a pledge.

For example, banks are not always willing to lend housing under construction because the title to it has not yet been registered. This means that it is impossible to impose a burden.

The process becomes much easier if a potential borrower offers to issue an apartment that he already owns as collateral.

Upon completion of construction and commissioning of real estate, you can sell the collateral with the permission of the bank in order to repay the loan. Another option is to keep the encumbrance until the full fulfillment of obligations. In this case, the borrower becomes the owner of two apartments.

Financiers understand mortgages as two economic categories: pledge of property , as well as issued under it money loan .

In this case, there are a number of signs that are characteristic of a mortgage:

1. registration is regulated by federal laws;
2. target character, that is, when applying for a loan for an apartment, it will not work to spend money on buying something else;
3. long term loan (up to 50 years);
4. lower interest rates compared to non-purpose loans.

Theoretically, it is possible to arrange a mortgage for the purchase of other property ( for example, luxury goods), as well as payment for education and treatment. However, such programs are not popular in Russia.

1.2. The history of development

Historians agree that the term mortgage happened a very long time ago 5 000 year BC.

Then in ancient Greece they called mortgage pillar, which was installed on the borrower's land. It contained information relating to the subject of the pledge. In addition, loans secured by real estate were issued in ancient Egypt.

In our country, mortgages in the modern sense appeared not so long ago. Buying apartments in became possible only at the end 90 th years.

The impetus for this was the adoption in 1998 mortgage laws. It is he who to this day acts as the main legislative act that regulates the execution of mortgage agreements.

1.3. Advantages and disadvantages of a mortgage

For most residents of our country, obtaining a mortgage becomes the only opportunity to become the owner of an apartment today, and not in the distant future. This leads to a constant demand for mortgage programs.

Experts identify a range of benefits that borrowers receive when applying for a mortgage:

1. Purchasing your own home with maximum benefit available to those who are eligible preferential mortgage. In Russia, special programs can be used by young professionals, the military, as well as citizens raising more than one child.
2. Solving problems with housing as soon as possible. Using a mortgage allows you to abandon the long-term accumulation of funds for your own apartment. It also eliminates the need to monthly give a huge amount of money to a stranger as rental payments.
3. For some, mortgages make it possible to invest in real estate. Such property rarely falls in price, and in the long term, the growth in the cost of apartments does not stop. Buying real estate, the borrower gets the opportunity to sell it in the future at a higher cost. At the same time, it will be possible not only to pay off the mortgage debt, but also to receive tangible profits.

Despite the significant advantages, the mortgage has a number of shortcomings:

1. Getting a mortgage can be tricky. Many credit organizations check borrowers so carefully that it becomes difficult to get a positive decision.
2. High overpayments. In connection with the registration of a long-term mortgage, it can be equal to the original loan amount.
3. The owner is limited in the rights to dispose of the pledged property.
4. The repayment period of the loan is usually quite long. Not everyone is ready to make impressive monthly payments for 10-30 years.
5. There is a risk of losing the apartment. If, for any reason, the borrower fails to fulfill its obligations under the mortgage, the bank has the right to take or sell the collateral at auction through the court.

Statistics show that no more people can afford to buy a home with a mortgage 5 % of Russian citizens. At the same time, most of them draw up a loan on favorable terms.

2. Is there a difference between the concepts of mortgage and mortgage loan? 📊

Most citizens cannot afford to buy an apartment for cash. That is why the statistics show that more 50 % All real estate transactions are made through mortgage loans. In more detail about how and how to act correctly when buying a home on credit, we wrote in a previous article.

Not everyone knows that the concepts mortgages and mortgage loan unequal.

Mortgage- This is an important component of the mortgage system, which involves the issuance of a bank loan secured in the form of a pledge of real estate.

It turns out that when issuing a loan, a banking organization, in order to guarantee the return of the funds issued, draws up a purchased apartment as a pledge. It is the real estate purchased with borrowed funds in the situation described above that acts mortgage.

Under mortgage understand a certain form of collateral. With it, the acquired property belongs to the debtor and is used by him, but an encumbrance is imposed on it.

It turns out that if the debtor refuses to make payments on the loan, the creditor has the right to sell the property in order to return the funds issued as a loan.

Overview of the main types of mortgage lending in Russia

3. Main types of mortgages and mortgage lending 📑

Today, mortgage lending for many is the only way to solve the housing problem. Therefore, the demand for this financial service is constantly increasing.

In such conditions, banks, in order to attract as many customers as possible, release everything to the market. new programs. At the same time, a huge number of clients not only find it difficult to decide which program will be optimal for them, but also have no idea what their fundamental differences are.

Mortgage loans - the concept is multifaceted, therefore, depending on various characteristics, a large number of classifications are distinguished:

• for the purpose of lending;
• depending on the currency of the loan;
• by the type of property to be purchased;
• according to the method of calculating monthly payments.

This is not a complete list, and each classification has the right to exist.

Some experts prefer to highlight mortgage groups , based on its definition as pledge of real estate.

According to this principle, two groups can be distinguished:

1. mortgage secured by real estate property;
2. much more often a loan is taken by those who have nothing, so a loan secured by the purchased property is more popular.

If a mortgage is issued in the first way, the borrower receives the following benefits:

• lower rate;
• possibility of misappropriation of funds.

When applying for a mortgage secured by the acquired property on the contrary, the loan has an exclusively target character. That is, you can’t buy anything other than an apartment with the money received, moreover, it must be approved by the bank. How to take, read in a separate article.

Today, a huge number of credit organizations coexist in the market. Naturally, this leads to huge competition.

Each bank seeks to develop several mortgage lending programs, which will be unique and will be popular among borrowers.

Loan programs are called differently, but most often the names reflect way to get or goal. In the first case The titles are more promotional. In the second- they reflect the real purpose of the mortgage.

According to the purpose of registration, it is customary to allocate:

1. Loan for the purchase of an apartment on the secondary market one of the most popular today. He is characterized optimal conditions, favorable interest rate. In addition, this type of mortgage is different fast clearance. Many banks offer several types of mortgage loans for the purchase of housing in the secondary market at once, according to which certain groups of borrowers are offered certain benefits.
2. Mortgage loan for real estate under construction gives the opportunity to purchase housing at the time of its construction. It should be understood that the developer must necessarily be accredited by the organization issuing the loan. For the bank in this case, there is not only the risk of non-return, but also the probability that the construction will not be completed. Therefore, for such programs the highest rate. Naturally, this leads to an increase in overpayment. However, there is a plus for the borrower - an apartment can be purchased at a much lower cost.
3. Mortgage for building a house issued to those who own land. Such a loan allows you to build a private house.
4. Loan for the purchase of suburban real estate allows you to own townhouse, country house, land plot or cottage. There are offers on the market developed by credit institutions with the support of developers. Such programs provide an opportunity to buy residential properties in ecologically clean areas at affordable prices.

It turns out that in order to facilitate the choice among the variety of mortgage programs, the borrower should decide what property he will use as collateral.

After that, in a bank branch, on its website or on Internet resources for searching for loans, you must select a program that matches goals. That is, those programs that allow you to purchase the desired type of real estate should be taken into account.

Mortgage lending programs for young families, state employees, civil servants, young professionals

4. Special mortgage lending programs - an overview of the TOP-4 mortgage programs 📝

In Russia there are not only standard (basic) mortgage programs for which everyone can apply, but also special aimed at assisting certain categories of citizens in acquiring housing. A distinctive feature of such a mortgage is the support from the state.

1) Mortgage with state support

The purpose of mortgage lending with state support is to help solve housing problems, which is intended for socially vulnerable citizens.

These include:

• families with many children;
• citizens brought up in orphanages;
• low-paid workers in the public sector;
• disabled people;
• other categories of citizens who are unable to purchase housing without government assistance.

To take advantage of the opportunity to issue a social mortgage, citizens must be placed in turn to improve living conditions.

There are several types of assistance provided by the state:

• a subsidy that can be used both to pay off an existing mortgage and to make a down payment;
• lower mortgage interest rate;
• sale on credit of real estate at a reduced cost.

A citizen does not have the right to independently choose what kind of assistance he prefers. This decision is made by the local authorities.

2) Military mortgage

For military personnel who take part in the program of the savings and mortgage system, it is possible to use the program to purchase apartments "Military mortgage" . Such lending is supported by the state.

Transferred to a special account for the military subsidies for the purchase of residential real estate. At the same time, with 2016 the military got the opportunity to choose the region where they purchased housing, as well as the type of property.

3) Mortgage for a young family

Another type of social mortgage is a mortgage for a young family. This program was scheduled to end 2015 year. However, the conditions were edited and the mortgage for a young family was extended. The program is currently scheduled to run until 2020 of the year.

Families that meet the following requirements are eligible to use this type of mortgage:

• one of the spouses is younger 35 years;
• official recognition of the family as in need of better housing conditions.

The program provides for the possibility of using subsidized funds as a contribution to a mortgage loan. The maximum amount of state aid is 30 % of the cost of housing.

4) Mortgage for young professionals

This program is designed to help with the purchase of housing employees budgetary spheres, whose age does not exceed 35 years. One of the programs in this category is the Teacher's Home.

Those who plan to use the social mortgage program should be aware that in addition to federal programs and special programs in the regions developed by local authorities. It is in these organizations that you can find out about existing programs.

Condition 8. Mortgage interest rate

The average interest rate in Russian banks is 12 -14% in year.

More loyal conditions apply for regular customers of the bank, as well as for those applying for a mortgage on social programs.

Clients should be attentive to those banks that offer to get a mortgage at a lower interest rate. Often in these cases there are inflated commissions.

Condition 9. Payment procedure

Theoretically there is 2 monthly payment options:

1. differentiated;
2. annuity payments.

In the first case gradually reducing the amount of payment, in the second- payment is made in equal amounts.

In Russia, the most popular scheme is using annuity payments. This is what most banks offer.

Condition 10. Insurance premiums

Russian law provides for the obligation to insure mortgage loans. But often banks introduce conditions for additional insurance.

They introduce a condition to insure in credit programs customer life, his ability to work, as well as mortgaged property. In this case, it is best to choose comprehensive insurance because its cost will be lower.

Thus, there are a number of conditions for mortgage lending, which the borrower should familiarize himself with at the stage of choosing a bank.

Mortgage calculation (mortgage loan amount) using an online calculator

8. How to calculate a mortgage online - an example of calculating the amount of a mortgage loan 💻💸

Already at the stage of making a decision to buy a home on a mortgage, future borrowers are wondering what the amount of monthly payments will be, and how much the overpayment will ultimately be.

Most large banks provide everyone with the opportunity to independently make all the necessary calculations using mortgage calculator in mode online . However, certain difficulties often arise.

But lending is impossible without serious security of the interests of the creditor. The evolution of credit development has shown that best interests of the creditor can be secured through the use of real estate collateral, because the:

• real estate is relatively little at risk of destruction or sudden disappearance;
• the value of real estate tends to constantly increase;
• the high cost of real estate and the risk of its loss are a powerful incentive that encourages the debtor to fulfill its obligations to the creditor accurately and in a timely manner.

One of the tools to protect the interests of creditors through the use of real estate pledge was a mortgage.

Mortgage - concept and essence

The term "mortgage" in legal circulation usually covers two concepts:

Mortgage as a legal relationship is a pledge of real estate (land, fixed assets, buildings, housing) in order to obtain a loan.

Mortgage as a security- implies: a debt instrument certifying the rights of the pledgee to real estate.

Mortgage credit lending- this is lending secured by real estate, that is, lending using a mortgage as a security for the repayment of loan funds.

If the loan is not repaid, the creditor becomes the owner of the property. Thus, a mortgage is a special form of collateral for a loan.

Features of mortgage lending:

• a mortgage is a pledge of property;

• long-term nature of the mortgage loan (20 - 30 years);
• the pledged property for the period of the mortgage remains, as a rule, with the debtor;
• Only property that belongs to the pledgor on the right of ownership or on the right of economic management can be pledged;
• the legal basis for mortgage lending is the pledge right, on the basis of which a mortgage agreement is drawn up and the sale of property transferred to the creditor is carried out;
• the development of mortgage lending presupposes the existence of a developed institution for its assessment;
• Mortgage lending is carried out, as a rule, by specialized mortgage banks.

Participants in the mortgage lending system:

• Pledgor - physical. or a legal entity that provided real estate as collateral to secure its debt.
• A mortgagee (mortgage lender) is a legal entity that issues loans secured by real estate.

Legal basis for mortgage lending in Russia:

1. Federal Law of the Russian Federation "On Mortgage (Pledge of Real Estate)" dated July 16, 1998;
2. Federal Law of the Russian Federation "On valuation activities in the Russian Federation" dated 29.07.98.

The mortgage is subject to state registration by the institutions of justice in the Unified State Register of Rights to Real Estate.

Mortgages and banks

Mortgage banks - specialized banks providing long-term lending secured by real estate.

Advantages of mortgage lending for banks:

• relatively low risk when issuing loans, as they are secured by real estate;
• long-term lending frees banks from private negotiations with customers;
• mortgage loans provide the bank with a quite stable clientele;
• mortgages can be actively traded in the secondary market, which allows the bank to diversify its risk by selling the mortgage after the loan is issued.

Disadvantages of mortgage lending for banks:

• the need to keep narrow professional specialists in the staff - appraisers of real estate, which is presented as collateral, which increases the costs of the bank;
• long-term diversion of funds;
• a long term for which a loan is granted is a big threat to the bank's future profits, since it is very difficult to predict the dynamics of market interest rates for decades to come.

Mortgage lending mechanism

A mortgage is a loan secured by real estate.

The main documents for obtaining a loan, which determine the relationship between the lender and the borrower, are a loan agreement and a pledge agreement.

Loan agreement determines the purpose of obtaining a loan, the term and size of the loan, the procedure for issuing and repaying a loan, lending instruments (interest rate, conditions and frequency of its change), loan insurance conditions, method and form of checking the security and intended use of the loan, sanctions for misuse and untimely repayment loans, the amount and procedure for paying fines, the procedure for terminating the contract, additional conditions by agreement of the lender and the borrower.

Mortgage agreement determines the form, size and procedure for collateral for the loan.

Mortgage deposit

The development of mortgages presupposes the existence of specific types of securities—mortgages and mortgage bonds.

Mortgage— this is a legal document on the pledge (pledge) of a real estate object, which certifies the return of the object to secure obligations under a loan.

The object of collateral is real estate that serves as collateral for the obligations of the borrower. The object of lending is a specific goal. for which the loan is provided.

Thus, various combinations of the collateral object and the lending object are possible. For example: a loan for the construction of housing secured by a land plot.

Mortgage lending mechanism differs significantly from the mechanism of formation of credit resources in a commercial bank. In developed countries, the bank generates funds for granting a loan, mainly by selling bonds and own capital.

Mortgage sheets - these are long-term collateral obligations of the bank, providing reliable (or aggregate) mortgage loans, on which a fixed interest is paid.

Mortgage bonds are sold by mortgage banks on the secondary market to investors - other credit institutions (in some countries - to any investor).

The secondary market is the process of buying and selling mortgage securities issued in the primary market. To provide primary lenders with the opportunity to sell the primary mortgage, and to provide another loan on the income received in the same market - this is the main task of mortgage capital.

Investments in mortgage bonds are considered a reliable investment of capital, because, in addition to a stable interest income, the investor is guaranteed against risk by mortgage. Of course, the market value of the pledged property may fall over time, but here banks can offer different hedging options (risk reduction) when realizing mortgages.

Having sold mortgages, the lender uses the proceeds to provide new mortgage loans.

Mortgage loan repayment associated with the term and interest on realizable mortgages. If the validity of mortgages is 10 years, and the fixed interest rate is 6.5%, then the loan must be issued at a rate of at least 7% per annum to cover the costs of issuing mortgages and paying interest to investors. A change in the % rate, depending on market conditions, will occur after 10 years, if the mortgage term is longer. Repayment is carried out with installment payment, the interval (month, quarter, six months, annually) is established by the loan agreement.

Mortgage Loan Scheme

Loan balance dynamics

The role of mortgages in the economy

Mortgage lending is an essential element. Reflecting the patterns of development of the global banking sector, it is one of the priority development tools.

Mortgages and crises

World experience shows that mortgage lending has contributed to revival, recovery, overcoming unemployment and, ultimately, out of the crisis United States of America - in the 30s, Canada and Germany - in the 40s-50s, Argentina and Chile - in the 70s-80s, as well as the acceleration of economic reforms in a number of countries. Certain hopes are placed on mortgages as a tool for solving the housing problem in Russia as well.

Mortgage and the real sector of the economy

The development of the mortgage business has a positive impact on the functioning of industry, construction, agriculture, etc. As world practice shows, the spread of mortgage lending as effective way to finance capital investments can contribute to overcoming the investment crisis.

Mortgage and banking system

Mortgage lending is of great importance directly for development of the banking system countries. Mortgage is the most important instrument that ensures the repayment of the loan. A mortgage lending institution operating within the framework of the mortgage lending system is a relatively stable and profitable economic entity. Therefore, the more such credit institutions in the banking system, the more stable and efficient its activity in the economic system of the country as a whole.

Mortgage and social welfare

Mortgage lending, diverting funds from the current turnover into internal savings, to some extent contributes to the reductioninflation.

In modern conditions, the importance of mortgages for. Housing mortgage lending contributes to the provision of citizens with affordable private residential property, being a powerful factor in the class of society.

The relevance of a housing mortgage loan is due to the fact that its use allows you to resolve contradictions:

• between high real estate prices and current incomes of the population;
• between the savings of money in one group of economic entities and the need to use them in another.

The absence in our country for 70 years of the institution for real estate and the institution of mortgage has led to negative consequences - the experience of organizing mortgage lending has been largely lost both at the level of a credit institution and at the level of the state as a whole.

If earlier the only way to improve living conditions was to obtain public housing, today this problem is mainly solved by citizens through the purchase or construction of housing at the expense of their own savings. The limited budgetary resources have focused the state's attention on solving the housing problems of only certain groups of the population. However, most of them are currently unable to improve their living conditions due to lack of necessary savings.

Creation of a mortgage lending system will make the purchase of housing affordable for the main part of the population; will ensure the relationship between the monetary resources of the population, banks, financial, construction companies and construction industry enterprises, directing financial resources to the real sector of the economy.

Mortgage lending infrastructure

The effective functioning of the system of mortgage lending institutions is impossible without the availability of appropriate supporting elements (infrastructure). The specificity of mortgage lending is its closest connection with the valuation, insurance and registration of the turnover of real estate, as well as with the secondary mortgage market. In this regard, the functioning of the system of mortgage institutions is impossible without the presence in the country of:

• real estate turnover registration systems;
• insurance organizations (companies);
• organizations professionally engaged in real estate valuation.

The developed infrastructure of the mortgage lending system ensures the efficiency of mortgage operations, increasing the protection of the rights of mortgage lending entities.

Mortgage- pledge of real estate, mainly land and buildings, in order to obtain a mortgage loan. A mortgage is a type of collateral in which the pledged property is not transferred into the hands of the creditor, but remains with the debtor. Mortgage is also understood as mortgage and mortgage debt.

Mortgage credit lending This is a bank loan secured by real estate. Mortgage credit is one of the components of the mortgage system. Currently, mortgage lending is one of the ways to improve the living conditions of citizens. Citizens take loans from banks to purchase real estate, while the acquired property itself goes into a mortgage (pledge) to the bank as a guarantee of loan repayment (mortgage by virtue of law).

Mortgage lending is also a pledge of the already existing real estate of the owner in order to obtain a loan or loan, which will be used either for repairs or construction, or for other needs at the discretion of the borrower-mortgagor (in most cases he is also the owner of the property).

The analysis of mortgage lending allows us to distinguish two main areas:

Mortgage lending to individuals in terms of purchasing housing, in order to improve existing housing conditions secured by residential real estate or rights to it;

Mortgage lending to legal entities for business development, where real estate also acts as a guarantee of return, and mortgage housing lending itself.

At the present stage of economic development, in many countries of the world, the purchase of housing on credit is not only the main form of solving the housing problem, but also a sphere of economic activity, in which banking and other credit structures play a key role.

Two-tier system of mortgage lending:

1) borrower - a legal or natural person who takes a loan secured by real estate;

2) the creditor is a bank;

3) mortgage company (agent) - the main element of the self-financing system of mortgage lending. It buys mortgages from the bank, issues mortgage-backed securities. Proceeds from the sale of such securities go to new loans;

4) investors - buyers of mortgage-backed securities. As a rule, these are pension funds, insurance companies, banks.

With a single-tier system of mortgage lending, the lender, represented by the bank, independently issues bond-type securities: the so-called "mortgage sheets".

The essence of the two-tier model is that mortgage loans issued in the primary mortgage market are assigned to specially created entities - operators of the secondary market. Securitization is the transformation of bank loans and other assets into stock values ​​for sale to investors. Securitized mortgages make it easier for agencies to access ready-made investment markets. The secondary market allows primary lenders to sell loans and thus obtain the funds needed to make new loans. The creation of a secondary market achieves the economic goal of redistributing risks and reducing them by distributing credit and market risks for each loan among many investors.

Due to the organization of the secondary mortgage market in the countries of the Anglo-Saxon system of law, certain goals are achieved: the redistribution of capital both from different regions and from different areas of activity: refinancing of the original creditors; removal of risks from the original creditors through the assignment of mortgage loans to operators of the secondary mortgage market; redistribution of risks associated with the implementation of mortgage lending between participants in the secondary mortgage market.

The essence of the single-tier mortgage lending system is that the mortgage bank that issued the loan independently refinances mortgage loans by issuing bond-type securities - mortgage sheets. Issue and circulation of mortgage bonds are regulated by special legislation. The activities of issuers of mortgage bonds are, as a rule, limited by law to the issuance of mortgage loans and other operations characterized by a low degree of risk.

State support for mortgage lending:

1) JSC "Agency for Housing Mortgage Lending" (AHML) - established by the Government of the Russian Federation in 1997 to ensure the liquidity of Russian commercial banks that provide long-term housing loans to the population, by purchasing the rights of claim on such loans for funds raised by placing the Agency's bonds in the stock market.

100% of AHML shares are owned by the Government of the Russian Federation represented by the Federal Agency for State Property Management.

The purpose of AHML is:

Creation of common standards for mortgage lending;

Ensuring the availability of mortgage loans for the population throughout Russia;

Creation of an institution for refinancing mortgage lenders;

Creation of a secondary market for mortgage-backed liabilities;

Formation of the mortgage securities market.

2) VEB Program - the main areas of investment:

Vnesheconombank's own funds in mortgage-backed bonds

Pension savings funds managed by Vnesheconombank as a state management company

Funds from the National Wealth Fund allocated by the Government of the Russian Federation

Pledgor - a natural or legal person who has pledged immovable property to secure his debt. They have the following requirements:

Reliability and solvency;

Voluntary pledge of real estate;

Ability to make advance payments.

Pledgee - legal entities that issue loans secured by real estate . These include banks, funds and other credit institutions with which mortgagors enter into an agreement on the provision of a mortgage loan. Mortgage lenders service issued mortgage loans during the entire term of the loan agreement.

A mortgage bank is an institution that specializes in issuing long-term loans secured by real estate. Loans by such banks are issued not only for housing, but also for industrial construction.

Improving mortgage lending:

1) reducing the number of documents required to obtain a mortgage loan, as well as reducing the time for consideration of the submitted documents. One of the ways to improve mortgage lending is the introduction of electronic document management and digital electronic signature, thanks to which it is possible to significantly simplify the process of submitting documents for obtaining a mortgage loan.

2) the creation of credit history bureaus, whose activities can significantly speed up the process of making decisions on issuing a mortgage loan.

3) reduction of initial contributions, which can now reach 50% of the cost of housing.

4) development and implementation of state and municipal programs, with the help of which various categories of the population of our country will be able to purchase their own housing. Currently, the military, young families, as well as employees of some enterprises can count on significant benefits when buying a home with the help of a mortgage, in addition, apartment buyers can count on a significant tax deduction for several years when buying an apartment.

5) development of legislation that will protect the rights of owners of mortgage apartments. It is no secret that many credit organizations take advantage of the legal illiteracy of Russians and draw up contracts in such a way as to get as much profit from the borrower as possible.

Problems of mortgage lending:

1) Rising home prices

2) Low income

3) High interest rates

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An integral tool of the housing mortgage lending system is loan security, i.e. return guarantee.

Mortgage - a kind of property pledge, which serves as security for the fulfillment of a monetary obligation in order to obtain a mortgage loan. In this case, a mortgage is a type of pledge in which the pledged property is not transferred into the hands of the creditor, but remains with the pledgor (borrower).

The term "mortgage" refers to the pledge of real estate and is used in the laws of various countries to refer to the following three legal categories:

Pledge;
- mortgage;
- mortgage loan.

The current Russian civil legislation understands a bookmark as a security certifying the following rights of its rightful owner:

The right to receive performance under a monetary obligation secured by a mortgage of the property specified in the mortgage agreement, without presenting other evidence of the existence of this obligation;

The right to pledge the property specified in the mortgage agreement.

In accordance with Art. 77 of the Federal Law "On Mortgage (Pledge of Real Estate)", an apartment acquired at the expense of a bank loan into ownership is considered to be pledged from the moment of state registration of the contract for its sale.

The funds received by the mortgagee of the mortgage bond (to whom the rights under the mortgage were transferred or to whom the court transferred the rights) as a result of the sale of the subject of mortgage are distributed in the following order:

Of these, the amounts necessary to cover the costs incurred in connection with the foreclosure on the subject of mortgage and its implementation are withheld;

They are sent to repay the debt of the mortgage pledgee to the mortgagee;

The remaining amount is transferred to the mortgagee to pay off the debt due to him under a loan agreement or other obligation secured by a mortgage on a mortgage;

Finally, the balance is distributed among other creditors of the mortgagor and the mortgagor himself.

The distribution is carried out by the body that carried out the execution of the court decision, and if the execution of the pledged property was levied out of court - by a notary who certified the agreement on such a recovery procedure, in compliance with the rules of Art. 319, paragraph 1 of Art. 334 and paragraph 4. and 6 Art. 350 of the Civil Code of the Russian Federation.

In this case, the mortgage mortgagor is at a disadvantage compared to if the mortgage had not been issued and subsequently not pledged. So, as a general rule, if the amount received from the sale of the pledged property exceeds the amount of the pledgee's claim secured by the pledge, the difference is returned to the pledger (clause "b" of Article 350 of the Civil Code of the Russian Federation). When pledged, the mortgaged item serves as security for two practically unrelated obligations: the debtor's obligations to the mortgagee; obligations of the owner of the mortgage bond to the mortgagee of the mortgage bond. Moreover, the mortgagor did not give consent to secure the second obligation (at least, the current legislation does not contain a requirement for the owner of the mortgage to obtain such consent from the mortgage mortgagor prior to concluding a deal on the pledge of the mortgage).

If the debtor violates the conditions for the fulfillment of the main obligation, the proceeds from the sale of the subject of mortgage are directed to the repayment of two unrelated obligations (instead of one obligation of the debtor to the mortgagee in the absence of mortgage). The chance to get the difference between the amount of money received from the sale of the subject of mortgage and the size of the obligations of the main debtor for the mortgagor decreases sharply.

For clarity, we will demonstrate the formula for calculating the amount to be transferred to the mortgage mortgagor:

ZD \u003d C - OD - OZ

where ZD - the amount to be transferred to the mortgage mortgagor; C - the amount received from the sale of the subject of mortgage, and reduced by the costs necessary to cover the costs in connection with the foreclosure of the subject of mortgage and its sale; OD - the amount of obligations of the main debtor; OZ - the amount of obligations of the mortgage pledgee to the pledgee of the mortgage bond, retained by the latter. This legal imbalance can lead to zero efforts to introduce an additional flexible and necessary financial instrument into the economic turnover - a mortgage.

Unlike the above formula, the following formula should become a priority (the values ​​of the indicators are the same as in the previous one):

ZD \u003d C - OZ

This formula is based on the general rules enshrined in paragraphs 5 and 6 of Art. 350 of the Civil Code of the Russian Federation, i.e. if the value of the ZD turns out to be negative, then the mortgage pledgee is entitled to demand this difference from the mortgage lender (clause 5 of article 350 of the Civil Code of the Russian Federation). If the PL value is positive, then this difference must be transferred by the mortgage pledgee to the mortgage mortgagor (clause 6, article 350 of the RF Civil Code).

The list of types of mortgages classified in accordance with the Methodological Guidelines for the Application by Professional Participants of the Securities Market of the Federal Law “On Mortgage (Pledge of Real Estate)” (approved by Order No. 195-r of the Federal Securities Commission of Russia dated February 26, 1999) to the category of high-risk ones include:

Mortgages under which various persons act as mortgagors and debtors on mortgage-secured obligations, except for cases when the Russian Federation, constituent entities of the Federation and municipalities act as mortgagors of immovable property;

Mortgages, the pledge of real estate on which are secured not obligations to repay received credits (loans), but other civil law obligations;

Mortgages, legal owners and alienators of which are natural persons;

Mortgages, the original legal owners of which are natural persons;

Mortgages, the original legal owners of which are legal entities that are not granted the right to carry out mortgage lending by the legislation of the Russian Federation;

Mortgages in the absence of loan and mortgage agreements attached to them, the form and content of which comply with the requirements of the civil legislation of the Russian Federation, as well as the legislation on registration of rights to real estate and transactions with it;

Mortgages, real estate on which belongs to the mortgagor on the right of economic management;

Mortgages, real estate on which, although owned by the pledgers by right of ownership, can be the subject of civil law transactions, only with the consent of third parties, incl. with the consent of the authorized state bodies or local governments;

Mortgages under which the right to lease or other right to own and use immovable property is pledged;

Mortgages under which aircraft and sea vessels, inland navigation vessels are pledged;

Mortgages, real estate on which is in joint (common or shared) ownership of two or more pledgors;

Mortgages for residential premises (apartments, individual residential houses) without certificates attached to them on the characteristics of the living space, certificates on the number and composition of persons registered (registered) on the living space, duly executed documents on land allotment, land plot plans, object-by-object extracts from registers of registration of rights to real estate and transactions with it. Relations between the subjects of mortgage lending are built on a contractual basis: between the subjects of credit relations, relevant agreements are concluded that determine all parties to the loan transaction, including the rights, obligations and responsibilities of the parties.