What is mortgaged on the mortgage apartment and how to make it

We tell what includes a mortgage, where and how to arrange it and where it will be stored.

Mortgage to the apartment on the mortgage - what is it? The document is a guarantee for the bank (mortgagee) in case the person who has taken a housing loan will not fulfill its obligations and pay contributions under the conclusion. This applies not only to malicious defaulters. High demands are presented to the borrower (mortal), but it can lose his job, its income will decrease, and unforeseen spending will violate all his plans. Impeccable candidates do not exist. Therefore, organizations need grounds for returning property issued. The terms of the agreement are different.

All about mortgage mortgage

Document content

Rights and obligations of the parties

• Reseign
• Partial sale
• Emisy paper

Registration

Evaluation

Reference and reorganization data

Repayment

Restoration

Such "insurance" is also issued to other types of real estate, such as private houses, land, industrial buildings. Practice applies to the objects of the primary and secondary market, on new buildings and old houses. The object may be as if it is far - the distance of the role does not play.

Document content

In the federal law there are a number of requirements for content. Next information must be attended.

• The name of the document and the number for it is identification. Usually it is put in the header at the top of the sheet.
• Details of the organization issuing a loan.
• Personal data - FIO of the payer, date of birth, series and passport number, date and place of its issuance.
• Information about the contract is its number, date of signing, conditions. These include the amount issued, the terms of payments, their size and interest rate.
• Data on real estate is its assessment, address, number of the cadastral passport, information from EGRN extract or certificate and registration of property rights.
• Signatures of the representative of the credit organization and the borrower.

The appearance is not regulated. This paper looks different even in the same institution. What does the mortgage on the apartment look like, the bank decides. Despite the definite freedom in its design, it is the mortgage that preference is given if the information specified in it contradict other papers.

Rights and obligations of the parties under the contract

The parties must fulfill all the requirements under the contract. With its conclusion, special conditions are negotiated if their execution does not contradict the legislation.

Rights of the pledger

The rights of the mortgager are much wider. In fact, he is the owner of the real estate up to the payment of the last contribution. If the conditions are violated by the borrower, he has the right to regain an object. Even if there is no violation, the financial organization can resell it or make another action. It is possible to prevent this only on the basis of an agreement if it contains conditions that do not allow such a maneuver. According to the law, the person who has taken a loan must be notified of such solutions by writing, by e-mail or in other ways.

Law of the pledgee

The pledgee is entitled to carry out the following property operations.

Reseign rights

For a payer, such a solution has no consequences - only details are changed for the next payment. Sometimes there are difficulties with conducting some operations, since the new copyright holder refuses to perform them. The basis is that not he concluded a deal, and it is not satisfied with all the conditions. According to the current legislation, the new owner has no right to change these conditions. If such problems arise - this is a reason to go to court.

It is also possible to exchange, in which banks exchange collateral. Usually, the operation is made with a surcharge if the cost of objects is different. The goal in this case is to obtain surcharge.

Partial sale

The organization conducts this operation for one-time generation. It sells part of the loan to another bank and translates to him some of the payments that receives the mortgage. Such a deal is made without the participation of the borrower. Requisites are not always changing, but only by mutual approval of the parties. Changes occur for a certain period or to full repayment.

Registration of emission securities

These are securities allowing to divide the amount of the contract for several parts for their sale, sharing or committing other operations. The buyer can become not only a legal, but also a private person.

How to mortgage on the mortgage apartment

Registration occurs when signing the agreement. It will take to pay the state duty to the registration of property rights. For an individual, the amount will amount to 2,000 rubles, for the organization - 220,000 rubles. Paper fills the manager, the client puts the signature.

Standard package of documents

• Passport of a citizen of the Russian Federation with registration
• Receipt of payment of state duty
• Expanding documents - an extract from EGRN or certificate of ownership
• Act of acceptance and transmission for new buildings
• Cadastral passport
• Copies of BTI Floor Plan
• Treaty of sale and property insurance
• Real estate assessment conducted by an expert with an average market price
• Marriage testimony (for marriage).

The package is served in Rosreestr to the departments at the place of residence or in any other. Rosreestr will give the bank to the embedded mortgage, and its client is an extract from the registry where the type of encumbrance will be indicated. Waiting will have to from one to five business days. The bank is obliged to issue a duplicate to his client. The original should be kept by the copyright holder. The service is free.

You can also contact the MFC. In this case, the waiting period will be from seven to ten working days.

From the summer of 2018, it is possible to issue paper on the Rosreestra website by filling out a special form. It uses electronic signatures of the parties.

How to assess the apartment for mortgage

This is one of the documents required for registration. It is issued by an expert after an object examination. As appraisers, organizations either specialists who have a relevant license. They act under the contract.

Required documents

• Passport of the borrower
• Purpose documents
• Typesportist, cadastral passport, as well as the Floor plan of BTI.

Based on this list and the object examination, the report is left.

Evaluation Report

• General Method, as well as the parameters of the residential and non-residential zone. The height of the ceilings is recorded.
• Information on balconies and loggiams - indicates their number, a meter, technical condition, the presence of glazing.
• Information about the windows - their size, condition, as well as the possibility of changing their area during redevelopment. No less important is the view that opens from the windows.
• Condition and location of communications and engineering networks. The report should be information about when a major overhaul was carried out whether there is a need for now.
• Differences with the BTI floor plan. Data on reorganization and redevelopment are made.

The report indicates the data on the building in which the apartment is located: the year of construction, floors, the number of entrances, the material from which the building is built, the condition of the walls, overlapping, facade and the entrances, the need for overhaul.

When inspection and analysis, a table is drawn up on the technical condition of the construction containing data on unacceptable defects that should be eliminated urgently. It is indicated and the need for overhaul. If the house refers to the category of dilapidated and emergency, it is also fixed.

The report displays information about the area and territory where the house is located:

• Distance from the subway, public transport stops.
• The location of small streets and major highways, their workload. In the presence of traffic jams, the price may fall.
• The possibility of an entrance to the owner of its own car.
• The average price for real estate in the area.
• Infrastructure - availability and remoteness of shops, institutions, schools, kindergartens, parks, etc.
• General data of the adjacent territory - special attention is paid to the yard, driveway, playgrounds.

Color shots are attached to the report.

The score takes from one to three days. It is worth an average service from 2,000 to 5,000 rubles. The price depends on the complexity of the work and location of the building.

Is it possible to make redevelopment and reorganization

Can it prevent the redevelopment of the apartment to design a mortgage? First of all, it depends on whether it was legally conducted. Illegal reorganization may prevent, moreover, very seriously. Moreover, in this case, the accommodation can be lost. If the redevelopment is only to be held, the Bank's consent is necessary. To find out if there is such an opportunity, you need to study the contract. It is possible that it includes an item prohibiting such events. It is impossible to cancel it in most cases. In the absence of such an item there is a chance to obtain consent. Usually it is given if more than half a year have passed since the signing of the agreement and the borrower has no overdue payments and other violations.

The organization, giving consent, takes on a certain risk. When carrying out repair and technical works, anything can happen. It depends not only on the state of structures and communications, but also on personnel qualifications. Human factor plays a big role. Even an experienced specialist is able to allow a serious mistake, which will lead to serious restoration spending. To compensate for possible losses, banks take a commission when making a positive decision. The amount is approximately 5,000 rubles.

To consent, you must first contact the insurance campaign. Having received a positive answer from her, it should be sent to the pledgee along with a declaration of redevelopment or reorganization.

To obtain permission, you will have to provide project documentation necessary to approve in housing inspection or other bodies dealing with this issue.

Reference is considered to be changes in the configuration of the premises designated on the BTI plan. If the plan marks the wall cabinet, its demolition is subject to coordination. The reorganization includes installation, transfer or replacement of engineering networks, communications and equipment that need to be added to the housing suggestion. The project is needed only in these two cases. With minor changes, a sketch of hand is drawn up. It is not necessary to assert in instances.

There are a number of changes that will not succeed. For example, it is impossible to lay stages in the plates and interpanel seams, expand the bathroom at the expense of residential rooms, transfer the radiator to the balcony or loggia. The list is quite large. Restrictions establishes local legislation. For example, in the capital there is a decree of the Government of Moscow No. 508-PP.

Only engineering firms with the admission of SRO are eligible to study the project. The harder work, the more difficult it will be consent. Most likely, the bank will insist on the exit of a specialist to assess the value of the object after all planned works.

What to do with mortgage after repayment of the mortgage

After the borrower fully exists a debt to the bank, where there is a mortgage to the apartment with a mortgage, its obligations are considered fulfilled. He is issued a certificate of lack of debt. From that moment on, the mortgage ceases to act and moves to the borrower marked with the full repayment of the loan. It should stand the organization of the organization and the signature of the proxy. Return occurs within one month. Then the paper together with the certificate should be attributed to the Rosreestr, registering property rights. You can turn there through MFC. Rosreestr will issue an extract for the absence of burden.

How to restore the document at the loss

Like any thing, a valuable paper can be lost. In this case, it will be necessary to restore either independently, issued a duplicate in the state instance, or with the help of the bank. In the second case, the risk of obtaining a document with unauthorized corrections. To insure itself from fraud, it is better to refer to lawyers.