It is about to know families with two or more children who want to use maternity capital to improve housing conditions, an estate expert tells.
In addition to the Federal Maternity Family Capital (MSC), families with children in the regions of Russia are relying payments at the local level. One of them is regional MSK regulated by regional legislation. The size of the Federal MSC is 453 026 rubles. The Pension Fund of Russia (FIU) is engaged in questions of its design and issuing a certificate. Regional MSK - from 50,000 to 150,000 rubles. Depending on the region.
You need to contact this regard in management / department of social protection of the population (SZN) or in MFC at the place of residence.
Funds of the Federal MSC can be disposed of in full or parts. Different parts of MSC can be used for different family needs in accordance with federal and regional regulations. Most often, Matkapital goes to improve the housing conditions of the family or children.
From January 1, 2007, a state federal program of additional support for families with children entered into force in Russia. In FZ №256 dated December 29, 2006, the term "Maternal (family) capital" (MSC) for families, in which appeared (born or was adopted) of the second, third or subsequent child with Russian citizenship appeared (born or was adopted). At the same time, the citizenship of parents does not play roles.
Purchase of housing using Mathaipal
Consider the option: family with children have enough free funds (together with MSK) to buy an apartment.
- You must notify the seller on the use of the Matkapali when buying. Not everyone agrees to get part of the money for the sold apartment 30-50 days after registering the transfer of ownership of the buyer. If an agreement between the seller and the buyer to attract MSK when buying an object is achieved (fixed in an advance agreement), it is necessary to carefully prepare the main purchase and sale agreement (DCP).
- The apartment must be framed in equity ownership of all family members, including children.
- In the DCC, the phrase on the use of the Matkapali when buying and details all details of the MSC certificates and amounts of funds on their accounts are indicated in accordance with the certificates from the FIU and SZN.
- Matkapali means cannot be issued in cash. Therefore, it is necessary to trace very carefully that the details of the seller's bank account are correctly indicated in the DCT. It will be listed by the MSK funds.
- Always prescribed to the DKP after registering the ownership of the buyer, a specific and compressed deadline for submitting the buyer of all necessary documents to the FIU and the department of social protection, to begin the procedure for consideration and transfer of funds. You can bind this event by the date of signing the transfer act and the physical liberation of the apartment.
- The term of consideration of the application of the certificate holder in the FIU is 21 working days from the date of filing a full package of documents. Another 10 working days will be needed to transfer money to the seller's bank account if a positive decision is taken.
- So far, mutual calculations between the parties of the transaction are not fully produced, the apartment is located in a pledge from the seller - this is also writing in the DCP. After receipt of MSK funds on a bank account of the Seller, he must file a statement with the buyer to the IFC on the removal of the deposit from the apartment, write a receipt of the entire amount for the apartment sold. The term of these actions is also prescribed in the DCC.
The problem would have a simpler decision if the mechanism of the return of the Matkapalo to the budget was provided - adjusted for the ruble exchange rate and accumulative interest in all the time of use. And with the ability to make their rights to MSC without litigation and explanations in the prosecutor's office. Many are ready to return MSK tools to take advantage of the mortgage to improve the housing conditions of the family.
Mortgage
According to the general rules, you can seek MSK in three years since the birth or adoption of the second (subsequent) child. But there are exceptions. One of them is a mortgage using maternal capital when MSK can be used immediately as soon as the right arose to it.
Most banks allow you to attract MSK for both the first contribution and to clean the principal debt and / or percent on the previously decorated mortgage purchase. In both cases, parents (and other co-coaches, if any) write a notarial obligation on empowering ownership in the apartment being purchased after the mortgage gation. The cost of the child's share cannot be less than the share of MSK (federal + regional) per capita.
Sberbank allows its borrowers to immediately include children among the owners of the mortgage apartment. It is not even necessary for the consent of the guardianship that the apartment with minor owners will be pledged by the bank.
If the Matthapital, according to the conditions of the bank, can be used as an initial contribution (or part of it), on the day of the conclusion of the purchase and sale of the apartment for a bank account / in the banking cell of the seller comes / laid from the bank the full cost of the apartment, including MSK.
The seller does not need to wait for the decision of the FIU / SZN and transfer of MSK from the budget. Such a listing will be done in favor of the Bank when submitting all mortgage documents and DCP by the Buyer in the FIU / SZN.
If the main debt or part of the mortgage or part of the mortgage, then the bank is simply notified by the borrower's application indicating the amounts and details of the certificates that the relevant documents are submitted to the necessary instances.
The term of consideration of the application of the certificate holder in the FIU is 21 working days from the date of filing a full package of documents. Another 10 working days will be needed to transfer money to the seller's bank account if a positive decision is taken.
Emboss the share in housing for children - be sure
Often parents, using Matkapital in the mortgage purchase, do not hurt or do not want to fulfill their obligations to endow children with property. Sometimes after a few years just forget about it. The inconvenience is obvious. The contract of donation of shares of children is a mandatory notariat. Together with the state duty during self-submission for registration - at least 27,000 rubles. Further sale of such an apartment is mandatory permission of guardianship bodies. If you want to improve housing conditions with a mortgage - a problem. Example: It was not possible to obtain guardianship permits for the sale of a two-bedroom apartment, where 1/5 of the share was two N / s children. The parents had an approved Sberbank mortgage on the simultaneous purchase of a greater three-bedroom apartment. The bank pointed out in a loan agreement that children will be owners in addition to parent concerns. The DCP project is prescribed by the share of children, not less than the area and the cost of their shares on the sold apartment. The transaction assumed three types of insurance, including title insurance. Nothing helped. I had to take a consumer loan on a much smaller term and with Draconian percentages.
The cost of the share of the child should not be less than the share of the Matteripal (federal + regional) per capita.
Do not allocate the children's children when using MSC. Buy an apartment where it is not done, dangerous. Upon reaching 18 years old, the "deprived" child or earlier his guardian can file a lawsuit, and the transaction in an apartment with non-participatory children will be terminated by the court. If the apartment has been planned for the purchase of a mortgage and owners have children of suitable age, ask to provide a certificate from the FIU about the residue of MSK.
Text: L. Starshinova, real estate expert.
The article was published in the magazine "House" No. 2 (2019). You can subscribe to the printed version of the publication.
