Sample mortgage on a mortgage Sberbank. A mortgage on an apartment on a mortgage loan to a savings bank. Such documents will be required to evaluate the apartment

According to the law, the mortgage is accompanied by the preparation of a whole package of documentation. Including the registration of a mortgage on a mortgage in Sberbank after the delivery of the house and when buying a finished home.

Real estate pledged: how to properly draw up a document

Mortgage loans are issued against the security of real estate. As collateral for a loan, you can provide the bank with an apartment (available or purchased), a house, land plots, garages, country houses. on the security of existing real estate can be found here. The document that formalizes this type of guarantee is called a mortgage, which is filled in by the mortgagor and stored in Sberbank until the loan is fully repaid.

What is a mortgage on an apartment with a mortgage in Sberbank in simple words: it is a document on the mortgage in favor of the bank of the acquired residential property.

According to the law, a mortgage on an apartment on a mortgage from Sberbank or another credit institution is a security that can also act as a pledge. Sberbank has the right to transfer this security to another financial institution as security for the financial resources taken by it. The financial and credit organization is obliged to inform the client about the transfer of the mortgage collateral: by personal letter or post information on its own website. In case of refusal to fully repay the loan, the mortgaged apartment will become the property of not the primary bank in which the loan was taken, but the bank - the holder of the mortgage.

The transfer of the guarantee to another bank for the pledgor does not change anything: the monthly repayment amount, the terms of the mortgage, the details of the bank branch remain the same.

Making a mortgage on a mortgage at Sberbank is a responsible process that requires attention. You should check all the points, carefully check your personal data. The form fits:

• information about the pledgor: surname, name, patronymic;
• series, passport number, where and when issued;
• data about the debtor;
• if the apartment is in shared ownership - information about other owners;
• information about the bank - the original pledgee: name, location, license number, date of issue, legal entity that issued the license;
• information about the mortgage agreement: number, date, place of conclusion;
• loan amount in rubles;
• return period in months;
• the amount of interest on the loan;
• the balance of the loan amount at the time of signing the mortgage;
• information about the subject of the mortgage: address, number of rooms, floor;
• data on encumbrances;
• the estimated value of the collateral;
• date, number of registration of ownership of the apartment;
• information on registration of a mortgage;
• when transferring a mortgage - information about its new owner, date of transfer, details of the contract.

After filling out and signing by the parties, the mortgage is registered with the territorial authority of Rosreestre. Registration services are paid by the debtor, unless otherwise provided by the mortgage agreement.

The mortgage is drawn up in a single copy, so the borrower is advised to make a copy of it, affix the registration number and keep it until the full payment of the mortgage. When transferred to another financial institution or lost, it will be much easier to restore it.

Real estate appraisal and other information about collateralized property

For registration of mortgage security, the borrower must provide a number of documents confirming his ownership of the apartment, its estimated value. For a mortgage on a mortgage in Sberbank, the following documents are required:

• passport of the mortgagor and other apartment owners;
• original extract from the USRR;
• certificate of registration of ownership of the borrower;
• sale and purchase agreement, donation, exchange, deed of gift;
• document on the appraised value of the property;
• technical passport for the mortgaged property;
• notarized consent of the spouse for mortgage of housing;
• the original permission of the guardianship authorities for the mortgage of the apartment, if one of the owners is a child.

If, according to the marriage contract, the exclusive right of ownership of the dwelling belongs to only one of the spouses, the original of the marriage contract must be presented to the bank.

The document on the assessment of mortgage-backed housing must contain information about the subject of the assessment: the technical plan of the apartment, the type of repair, the condition, the degree of wear. The calculation of the market value of real estate is influenced by the presence of social infrastructure in the area of \u200b\u200blocation, the convenience of transport interchanges, social significance, etc. The accompanying note must contain photographs of the object.

In an apartment transferred to secure a mortgage, the debtor has no right to make redevelopment without notifying the lender.

When and how to issue a mortgage on a mortgage in Sberbank after the delivery of the house

When a mortgage is issued for a Sberbank mortgage, it depends on the moment the ownership of the object is transferred to the buyer. Registration of a mortgage by virtue of the law, that is, when buying real estate with the attraction of borrowed funds, is carried out simultaneously with the registration of ownership. Accordingly, in the case of a new building, the document will be prepared by Sberbank employees after the house is not only built, but adopted by the state commission and the future owner.

The final chord in the registration of the completion of construction is the signing of the acceptance certificate. After the approval of this document, you can prepare the documentation necessary for state registration, including the mortgage.

This procedure can be done in Rosreestr or in one of the MFC. Future owners can provide documents:

• personally;
• through a notary;
• through Sberbank, but only if the object is not acquired in shared ownership, but, for example, in joint ownership, but there will be no more than two owners, and the transaction is made by the parties personally, without involving other participants acting by proxy;
• with an appeal to the representatives of the developer, when the documentation for all objects is submitted for registration at the same time. This is usually a lengthy procedure.

The first option is the most budgetary, however, the presence of an authorized person from a construction company during state registration is still desirable. All other options involve the payment of commission income to the performer.

The mortgage manager usually tells about the procedure in a particular situation. He will also explain how to get a mortgage at Sberbank to register property rights. Usually the bank prepares this document by its own specialists based on the documentation provided by the clients. The list of required documents is similar to that described for the case of buying a finished home, but instead of a purchase and sale agreement for an apartment, an equity participation agreement is provided.

Where is the mortgage on the Sberbank mortgage kept: the first copy will remain with Sberbank, and the second copy is transferred to the Rosreestr for safekeeping during the registration of ownership and mortgage.

Mortgage on an apartment on a Sberbank mortgage after debt repayment

The repayment of the mortgage is a landmark moment, but the relationship with Sberbank and the registration authorities does not end there. When the debt has cleared, you need to apply to the bank with an application for issuing a mortgage. The creditor's response time to the appeal is 14-30 days. The fact that it is possible to receive a document will be reported by phone.

It is important to check the mortgage for the presence of a mark that the borrower's obligations have been fulfilled in full, and Sberbank has no claims against him. This information is certified by the signatures of the authorized representatives of the bank and its seal.

Then you need to contact Rosreestr. There the surrender takes place:

• equity participation agreements;
• certificates of ownership or an extended extract from the USRR, if the transaction was made after 01.01.2017;
• mortgage.

Registration will take some time. Result of action: the homeowner will be provided with an equity participation agreement, on the reverse side of which they will put a stamp certifying the fact that the mortgage has been withdrawn, as well as a new extended extract from the USRR, where there will be a dash in the line "Encumbrances", which means that now the housing can be freely disposed of.

If, for one reason or another, the mortgage was lost, you can issue a duplicate mortgage on a mortgage at Sberbank.

In this case, you need to carefully monitor that the new version exactly matches the original. To do this, it is advisable to make a photocopy of the documents for registration of ownership when receiving the original mortgage at the stage of transferring documents for registration of ownership to Rosreestr.

Registration of a mortgage loan is a complex legal process, each of the parties in which is trying to protect its interests. A financial organization acting as a creditor is especially worried about the safety of its funds. And this is not surprising: when issuing a large loan for a long time, the bank is at serious risk. Risks can be reduced only at the expense of pledged real estate. It is for this that a mortgage is drawn up on an apartment on a mortgage in Sberbank, which is kept in the company's branch until the borrower repays the debt and pays interest on the loan.

It's simple: the transfer of real estate as collateral as collateral for a loan must be confirmed by appropriate documents. One of them is a mortgage, signed by the borrower and registered with Rosreestr. With its help, a banking organization will be able to achieve debt repayment or compensation for its losses if the client refuses to fulfill its obligations.

But a mortgage is not just an ordinary legal certificate or extract. It is also a registered security that can be operated on the financial market. The holder has the right to sell it, transfer it to third parties or use it in any other way permitted by Russian law.

The Mortgage Law defines a list of information that must be specified in the mortgage bond without fail. It includes:

• The name of the paper and the date it was compiled.
• The names of the parties with the indication of requisites and contact information.
• Basis for concluding an agreement and a list of obligations of the pledger and pledgee.
• Rosreestr's mark on the state registration of the form.

The authenticity of the document is confirmed by the signatures and seals of authorized persons. The absence of any of the above items will invalidate the mortgage.

Sample filling

Today there is no single standard for design. Each bank has its own form, which is used to draw up collateral documents. A sample mortgage for an apartment on a mortgage is not available on the Sberbank website. the preparation of the document is carried out by bank employees. We suggest, in order to familiarize yourself, to study the sample presented below:

How to get a mortgage at Sberbank?

To get a mortgage on an apartment on a mortgage in Sberbank, you must first prepare the documents. And, of course, discuss the procedure for registration with a company employee who is involved in supporting your transaction.

List of documents

The mortgage should clearly reflect both the loan amount and the appraised value of the apartment. Therefore, for its registration, it is necessary to provide the bank with the following documents:

• passport of a citizen of the Russian Federation (both the applicant himself and other future homeowners, if the apartment is registered for several people);
• technical passport of the mortgaged property;
• original extract from the USRR;
• reporting documentation indicating the market value of the premises, drawn up by an independent expert institution;
• mortgage agreement concluded between the mortgagor and the banking organization.

The list is not final and may be supplemented depending on the specifics of the transaction. To find out what documents for a mortgage on an apartment on a mortgage in Sberbank are needed in your case, consult with your credit manager.

Stages of registration

The mortgage bond is drawn up after the signing of the loan agreement. The order of the procedure is determined by the internal instructions of the organization. At Sberbank, the registration process is as follows:

• Training. The pledgor collects the necessary documents and fills out the mortgage form. Usually its form is prepared by the bank's loan officers. But, if any points cause you questions, you can ask to change the content of the document slightly;
• Registration. The mortgage bond is signed by the borrower and the representative of Sberbank and certified by the seals of the financial institution. An application is drawn up to Rosreestr for registration of the transaction, which is transferred to the branch of the Federal Cadastral Service along with a receipt for payment of the state duty (1000 rubles);
• Entry into force of the agreement. A day after contacting Rosreestr, the registered original of the mortgage is sent back to Sberbank. Where it will be stored until the client fulfills all the terms of the mortgage agreement.

A mortgage on a mortgage in Sberbank is drawn up in one copy. During the registration of the transaction, employees of the cadastral chamber prepare a duplicate for the archive. If the borrower also wants to have a copy of the document in his hands, he needs to make a copy himself or ask the bank employees about it at the time of signing the mortgage agreement.

How to get a mortgage after paying off your mortgage

Registration of a mortgage on a mortgage in Sberbank takes no more than 2-3 days. Much longer will have to wait for the issuance of this paper after the repayment of the mortgage. As a rule, it is returned to the borrower within a week after making the last loan payment. But sometimes the waiting period can increase up to 1 month.

If more than 30 days have passed since the moment of contacting the bank branch, and the mortgage has not been returned to you, you have the right to apply to the court with a claim to request documents. Or write a complaint to the Central Bank of the Russian Federation with a request to intervene in the conflict and additionally monitor the situation.

Outcome

The mortgage for an apartment on a mortgage in Sberbank is drawn up in accordance with the rules and regulations established by federal law (Federal Law No. 102-FZ of July 16, 1998). After providing all the necessary papers, your loan manager will prepare a form, offer to read it and sign it. Study the proposed document carefully before signing. If possible, make a copy of it before sending it to Rosreestr.

Sberbank is a giant of the credit market that has survived all the hardships of economic problems in Russia. The stability and sustainability of this banking organization is determined by the correct approach to lending issues: requirements for customers, collateral for large loans, etc. The mortgage takes an important place in obtaining a mortgage from Sberbank. This experience was adopted by other banks in Russia. What is an apartment mortgage document? What is it for and how is it used? What is the validity period and where to get a sample?

A mortgage on an apartment on a mortgage - what is it?

This is a typical personalized document that a bank requires for insurance. in case of non-payment of the mortgage amount - a guarantee confirming the solvency and serious intentions to pay from the client.

Requirements for its compilation and form were reflected in:

• art. No. 6 - determines the right to register a pledge, confirmed;
• No. 10 - determines the legality of the form, which is considered legal only after the state. registration;
• No. 13 - regulates the rights regarding the residence and ownership of the mortgaged property of the citizen, for whom the mortgage on the mortgage on the apartment is drawn up;
• No. 14 - the content of the form defining information about the pledged item with an indication of the cost as assessed by an expert. Any object agreed with the bank can act as such.

Legally, the form is classified as securities. A mortgage on a mortgage from Sberbank and other financial institutions is a standard document drawn up in a form understandable to any person. The sample is used.

When is it issued?

The document on the mortgage of the apartment is drawn up at the stage of concluding the transaction after the appraisal procedure - a mandatory document, without which Sberbank can refuse to issue a loan. The completed form informs the client that in case of non-payment of the loan, the object becomes the property of the bank, and the bank itself on the return of funds under any circumstances. The registered form is kept by the pledgee bank.

The term for registration of a mortgage on a mortgage from Sberbank depends on the type:

• by law - a mortgage issued by a bank when a contract is drawn up;
• under the agreement - with the introduction of additional clauses and conditions. The procedure involves an additional deal.

Banks, for the most part, use the first option in view of its convenience. A sample can be seen by each client on the resource of Sberbank, or can be found in any branch of the bank. The entire validity period of the form is kept in the branch of Sberbank.

List of required documents

The list of securities includes certificates on demand for the loan itself, and appraisal documents for the object:

• passport;
• confirmation of solvency;
• extract from the USRR;
• documentary evidence of the rights to the object, for example, a form for the sale of real estate;
• acceptance certificate;
• explication and registration certificate;
• collateral assessment.

A sample expert assessment, mortgage and other forms are provided at Sberbank. The entire package of papers is kept by the lender.

Term of validity of a mortgage on an apartment on a mortgage

The assessment of a mortgage on an apartment on a mortgage in Sberbank is regulated by the Federal Law of the Russian Federation No. 102, its Article 14 refers the process to an obligation. The validity of the document is limited by the contract , but is automatically extended in case of extension of the loan contract / agreement, or in case of a change in the schedule of loan payments.

All this time, the assessment form and the document itself are kept by the pledgee , for example, in VTB, if the mortgage on the apartment was made out in this bank. After the expiration of the validity period, and in case of repayment of the loan, the encumbrance is removed from the apartment, and it remains in the ownership of the bank client. A sample of ownership (certificate) can be seen on specialized resources.

Sample mortgage for an apartment on a mortgage

Sample - a standard document on the basis of which a registered mortgage is drawn up on the property under the mortgage.

The law requires the introduction of mandatory items and filling out properly:

• full details of the pledgee;
• payment details;
• data of the first owner of the apartment / other collateral object, the purchase and sale of which is being executed;
• complete data on the object and expert assessment;
• data of the new owner (borrower);
• method and maturity of the mortgage with the exact date.

The sample, after filling out, must be registered in the regional chamber. The term of validity is equal to the term of the contractual relationship on the mortgage loan for the apartment. Stored in a bank. Additional information must be obtained at the branch of the bank to which you are planning to apply, or found on the official resources of banking organizations. There you can also find out a complete list of the paperwork required for registration.

A mortgage on an apartment is a document certifying the right to file claims for debt repayment and collection of mortgaged real estate. A sample is presented on the Sberbank website for self-filling by the client when applying for a housing mortgage:

1. The name of the document is "Mortgage".
2. Information about the pledgee.
3. Information about the pledgor (borrower or 3 persons).
4. Information about the credit institution - the mortgagee.
5. About the loan agreement.
6. On the size of the loan, interest rates, the procedure for calculating them.
7. On the debt repayment schedule.
8. About an immovable object - the subject of a pledge.
9. About the cost of the apartment.
10. On the rights of the pledgor obtained on the basis of state registration.
11. About providing.
12. Signature of the client (co-borrowers and guarantors), bank.
13. Registration of a mortgage loan.
14. Date the mortgage was granted.

Legal regulations

The drawing up of the mortgage is carried out taking into account a number of characteristics:

• Registration is carried out for an individual (registered document).
• Purchased housing serves as collateral.
• The document prescribes all the rules of a mortgage transaction related to the relationship between the bank and the client.
• The validity period corresponds to the dates of the loan agreements.

The document is drawn up on the day of the sale and purchase of housing and the mortgage agreement, reinforced with the rest of the documentation sent to the state registration authorities for real estate rights. All sheets should be numbered and stitched together.

As the registration of the rights to the apartment is completed, the representative of the state registration authorities indicates the mortgage data on the rights (property and mortgage loan), signs and seal, returns the document to Sberbank and puts down the date of transfer to the mortgagee. The registered mortgage has an individual number, it will be indicated in the payment notifications.

It is important to know! If an error is found in the process of filling in the data, its actual correction in an explicit form and certification is required.

Document execution

The mortgage is used for a detailed display of the main issues of legal relations between the bank and the client, a description of the collateral object.

Subsection 1: about the pledgor

The information is presented in the following form:

• FULL NAME. indicated with a capital letter in the corresponding columns, similar to the entry in the passport.
• The day, month and year of birth are indicated in numbers: 2-digit and 4-digit.
• The name of the document is written with a capital letter, and its number - in numbers.
• The place of registration is entered in the columns signed by the city, district, region, streets or avenues, numbers of houses or apartments. It is allowed to fill out the document manually and in electronic form.

Subsection 2: about the debtor

Information is entered by analogy with the previous section, taking into account specific points:

• If the borrower and the pledgor are the same person, repeated information is entered.
• In the case of several borrowers, a separate form is required for each.
• Minors cannot be borrowers.

All information provided must be duplicated in the mortgage transaction.

Subsection 3: of the first pledgee

Usually the first pledgee is a legal entity. When displaying information about him, you need to fill in a number of points:

• Name of the organization.
• License (number and date of assignment, name of the authorized body).
• Company location address (city, street, house).
• correspondent account, BIK and TIN.

Subsection 4: security

The housing loan itself and its basic details are considered. It is important to indicate the amount of the loan, the term and interest charges, subject to a number of requirements:

• The basis for payment obligations is a mortgage transaction (it is important to indicate the number, date and place of conclusion of the contract).
• The amount and interest are entered in digital and capital format.
• Loan terms are indicated in months.
• The amount of regular payments corresponds to the amount per month.

The purpose of attracting a loan is the purchase of an apartment.

Subsection 5: subject of the mortgage loan

The list of real estate data includes:

• Address, living space, number of rooms.
• Material used to build a house and floor.
• No encumbrances.

Subsection 6: data on the rights of the pledgor

To fill out the section, you must have the following information:

• On the property rights to a residential property.
• Mention of the authority that registers the apartment for the client of Sberbank.
• Registration number and date, names of registrars.

The information is certified by the stamp of the state registration.

Subsection 7: data on state registration

By analogy with the previous section, the state registration authority, number and date of certification are prescribed. At the bottom there is the name of the borrower and the pledger, signature, seal of the civil service.

Subsection 8: date of issue

The block is required to put down the date when the property was transferred to the first holder. Additionally, the name of the registering authority and his signature are entered, a seal is affixed.

In the completed document, all sheets are subject to numbering in the upper right corner. Then they are stitched, the registrar puts the signature and seal.

Registration features

When registering with government agencies, full compliance of the documentation with the requirements provided for by the law on mortgage lending is required. Otherwise, civil servants will refuse registration. The bank is engaged in this process:

1. Draws up a deal with a client.
2. Confirms the mortgage (according to the law, the client should be involved in its preparation, but in practice the employees of the Security Council of the Russian Federation seek to help borrowers with the paperwork).
3. Sends to the Fed (via mail).
4. Gets the registered original.

Document storage

Throughout the entire period of settlement of credit obligations, the mortgage is kept in Sberbank or transferred to third parties (if certain circumstances arise).

Return of mortgage

The original is returned to the client on the following grounds:

• With full settlement of debt obligations within the terms stipulated by the contract.
• In case of early payment.

When repaying a loan, a credit institution puts down a mark confirming the settlement of obligations, gives the client documentation (with a certificate of full repayment and a mortgage) for state registration and cancellation of collateral in the form of a mortgage agreement and a mortgage. The time allotted for the bank to provide the client with the original mortgage is 2 weeks.

Together with the mortgage, the bank transfers to the client other securities required to remove the encumbrance from the credited object:

• Letter from Sberbank to state registration authorities. It confirms the full settlement of the loan with a credit institution.
• Power of attorney from a financial institution to submit documentation to government agencies.
• Written confirmation of the fact of acceptance and transfer of the document.

Additional papers required from the client:

• Passport (photocopy).
• Confirmation of rights to real estate.

As documents are submitted to government agencies, the mortgage loan record is closed within 3 days. This gives the owner of the real estate the right to receive new title documents, without the RF Security Council mark, for which the borrower extinguishes an additional fee.

How to remove the encumbrance through the court?

There are a number of reasons that do not allow the withdrawal of collateral in a standard way: in case of loss of a mortgage or in disputable situations. The client retains the right to file a claim in court (upon full discharge of obligations). The process is carried out in several stages:

1. Receipt in the state registration of a refusal to withdraw security.
2. Filing a lawsuit.
3. The court makes a decision to withdraw the security.
4. The court makes a written decision, submission to state registration.
5. Removal of encumbrances.

Loss of mortgage

In case of loss of the mortgage by the bank, it is required to provide for its photocopy, and affix the inscription on the second document - a duplicate. The interested person in this case is the client, this requires compliance with the following rules:

• Written fixation of the moments regarding the signing of the mortgage.
• Photocopies of important documentation to avoid further disputes.
• Consulting with a lawyer specializing in mortgage lending.

Transfer of rights

A mortgage simplifies the "sale" of a loan if Sberbank cannot keep it on its balance sheet and transfers it to another credit institution, or a refinancing company. The process is not accompanied by risks for the client, since the previously executed transaction remains valid. Loan payments continue in the same mode. Only the company details are changed. In the event of transfer or sale of a document (to an individual or legal entity), Sberbank employees are required to inform the client about this.

The mortgage makes it easy to transfer the loan to third parties. In the absence of a mortgage, difficulties arise in the transaction of assignment (sale) of a loan - it is required to draw up an agreement on the assignment of rights for a loan and mortgage, its registration. If there are a large number of loans for sale, 2 duplicate documents must be prepared for each loan. Then take all the documents to government agencies for re-registration.

And if you have a mortgage that certifies 2 rights at once, it is enough to put on the document the inscription "Transfer of rights under the contract (indicate the number and date)". No further registration is required.

The nature of human needs is such that their satisfaction often cannot be postponed until the future, when the available cash will allow making the coveted purchase. The desire to become the owner of an object, for example, an apartment or a private house, is justified by the real needs of the current moment, on the satisfaction of which the level of a person's satisfaction with life depends.

Buying a home can be done immediately, having at least a part of the amount and using one of the loan products of numerous financial institutions, and in this case, a mortgage on an apartment on a mortgage will be a guarantee of the return of funds to the bank.

What is the essence of a mortgage

The answer to the question, what is a mortgage, depends on the point of view of the subject of civil relations arising when obtaining a loan for the purchase of residential real estate.

Guarantee of banking interests

For a financial institution that provided a client with money to buy a home that he needs based on personal needs or family composition, the pledge of this property is the guarantor of the refundwhich can be done in several ways. Moreover, the reimbursement of the funds issued to the borrower can be performed by the bank at any stage of the life cycle of the mortgage, and the limitation is only the full payment of the loan or special conditions of the contract. The options for the implementation by the financial structure of the rights received after the registration of the mortgage is completed are:

• partial assignment of rights;
• sale of collateral to another bank or credit institution;
• exchange of objects of collateral with a mutual surcharge.

All these operations can be performed between different financial institutions, or between a bank and an individual, by concluding an appropriate agreement between the parties.

Partial sale of collateral

Such an interbank transaction is concluded when it is necessary to raise a small amount of cash by the pledgee for short-term purposes for current operating activities. The partial assignment procedure involves the transfer of a portion of the borrower's monthly payments to a third party who has bought a portion of the collateral, which may last for a limited time or for the entire duration of the mortgage loan.

For the payer, the debt settlement procedure does not change, since the respondent, the recipient of the monthly installments, remains the same bank, so notifying the client about such operations is not practiced.

Full assignment of rights

The way to get the bank your funds in full is sale to another financial institution of rights to a mortgage on a mortgage... The result of such a transaction is a change in the current account, to which the payer's funds are transferred under the loan, about which he is notified by mail and directly at the bank's office. At the same time, the terms of lending do not change, since they are clearly spelled out not only in the agreement between the borrower and the lender, but also in the mortgage.

Exchange of mortgages

Such an interbank transaction is a type of full assignment of rights, differing only in the presence of an additional payment between the parties to the agreement, which is designed to compensate for the difference in the collateral value of real estate objects.

In case of prolonged non-payment of the loan, the duration of which is regulated by the mortgage agreement, and the borrower is not interested in finding a compromise in the form of debt restructuring, the owner of the mortgage has the right to sell the pledged object, reimburse his costs, including interest at the time of debt repayment, and return the remainder to the client.

Proof of property rights

For a borrower who has taken out a loan for the purchase of housing without other guarantees for a financial institution, the registration of a mortgage on a mortgage in the Regalat is a confirmation of his property rights to a real estate object, the ownership of which is limited to use, without the possibility of sale, exchange or donation.

When a bank transfers a mortgage to another financial institution, there are no other documents between the borrower and the lender, and all the conditions specified in the form drawn up at the conclusion of the agreement are the legal requirements of the new mortgagee against his debtor.

Mortgage registration

Collateral in the form of movable or immovable property is a guarantee under which most banks are ready to issue a loan, and in its absence, the purchase object itself becomes the collateral.

The accuracy of the display of the terms of the contract and the details of the owner of the home in the mortgage form is a guarantee of respect for his rights, and incorrectly specified information acquires the force of legal requirements from the financial institution.

Registration of a mortgage guarantee that any changes to the composition of documents will be inadmissible, and the corrected form is declared invalid.

The structure of the form and its design in different financial institutions may differwhile maintaining the necessary content of the document. So, for example, a mortgage on an apartment on a Sberbank mortgage, a sample of which can be found on its official information resource or obtained from the nearest office, includes the following points:

• information about the entity that has provided the pledge, including personal and passport data of a private person and full details of the legal entity;
• data on the holder of the pledge who received it from the pledger, including the name, data on the license and the issuing authority, as well as the detailed location of the subject;
• a description of the mortgage or other real estate being pledged, which allows it to be uniquely identified and includes a description of the location, characteristics and details of the title document, as well as the presence of encumbrances from persons who are not parties to the transaction;
• the estimated value in the currency of the loan and the data of the person who performed the examination;
• lending conditions, including the amount of borrowed funds, interest rate, frequency of payments, amount of contributions and the deadline for debt repayment;
• information about the date of preparation of the document and its number.

You can find out what a mortgage mortgage looks like when you contact a bank or on the information resource of a financial organization, the structure of the document, regardless of whether it is chosen by Sberbank, VTB 24 or Rosbank, will be comparable, since it is regulated by Federal Law No. 102 "On Mortgage" ...

Pledge registration

Mortgage lending agreement, apartment documents and mortgage on it transferred to Rosreestr, when making a purchase and sale, to register a real estate transaction and property rights of subjects of contracts, including mortgage. The territorial registration authority puts down the necessary marks and assigns a mortgage number, which also indicates:

• the name of the body that performed the action to register the encumbrance of property rights;
• place of registration of the mortgage;
• date of issue of the mortgage bond to the representative of the mortgagee.

The pledgor, after the registration steps, receives in his hands a certificate of ownership with a note of existing encumbrances, for the removal of which it is necessary to fulfill obligations to the bank.

Mortgage registration services are chargeable and payable by the borrower, unless otherwise provided by the sale and purchase agreement, and the state duty for entering data into Rosreestr on a mortgage, as of the beginning of 2106, will cost:

• private person in 1 thousand rubles;
• organizations - 4 thousand rubles.

Design features

A mortgage is a document necessary for a bank to exercise its materialized rights, therefore it is issued in a single copy and is not issued to the hands of the mortgage borrower... In the event of a loss or a disputable situation, it will be useful to have a copy of the document on hand, allowing one to judge the legality of the claims of the pledgee and the correctness of the duplication.

When registering a relationship with a bank, you should carefully read the mortgage and compare the specified information with what is reflected in the mortgage agreement.

Loss of mortgage

When interbank manipulations with a mortgage and / or during its storage in a financial institution, a situation is not excluded when documents are lost or lose their appearance suitable for perception and circulation. In this case, it is necessary to issue a duplicate, which must be made similar to the original and contain the same information, as well as have a corresponding mark.

Requirements for the provision of a mortgage and registration of a duplicate in case of its loss, the borrower arises in the performance of obligations and the need to remove encumbrances. If a financial institution does not want to issue documents for the removal of encumbrances, a written application is written to the head of the bank's branch, and if this is not enough, then the issue is subject to settlement in court. Before going to court, it will be useful to send a complaint about the work of a financial institution to the Central Bank, whose intervention is able to resolve the conflict of interest.

The bank's claim to the pledger to re-pay the fee for the restoration of the mortgage, lost through no fault of his own, is unjustified and cannot be satisfied, and the indication of the refusal as a reason for issuing a duplicate may be appealed to the judicial authorities.

If it is necessary to go to court, in case of loss of the mortgage, it makes sense to apply for the removal of the encumbrance, and not the restoration of the document confirming the mortgage. In this case, a positive decision of the justice body will allow getting rid of restrictions in rights directly, bypassing additional procedures, since a court order is mandatory for execution by Rosreestr.

A mortgage on an apartment, especially if it is the only property and place of residence, is a very important document that gives its owner the rights defined by the laws of Russia, allowing it to dispose of the property if the borrower fails to fulfill credit obligations. That is why, you should be careful when drawing up a document and mandatory when paying off mortgage debt, so as not to lose property and not stay on the street.

Video: What is a mortgage and why is it needed?