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Why do you need a mortgage? Mortgage for an apartment on a mortgage from Sberbank: registration rules. ❓ What to do if the bank lost the mortgage

Official documents for a mortgage on a mortgage in Sberbank must be legally binding. When applying for a mortgage, you need a lot of documents, among which there is a security agreement, which is a mortgage. It provides a guarantee to the bank for the return of the loan taken, which amounts to a lot of money. Most recipients of this loan do not know how to get a mortgage.

What is a mortgage on an apartment?

Before figuring out how to issue this paper at Sberbank, the borrower must find out what a mortgage on an apartment is. A security is meant with the given basic information on the participants in the transaction and the subject of pledge. The borrower needs it to carry out legal actions from registering the right of ownership to removing the encumbrance from it.

The lender needs paper to protect against various circumstances.

Various property objects serve as collateral:

cottage and residential building with the site on which they are located;
apartment - the most popular collateral real estate;
land allotment;
various non-residential premises.

Instead of a residential property, it is possible to provide other property equivalent in value as a pledge, which will free the acquired property from encumbrance. Legislation allows the provision of collateral in the form of construction in progress. The object is mortgaged entirely: you cannot lay the roof or foundation and not subject the rest of the house to mortgage.

The transfer of ownership to the client is the point at which the mortgage bond is issued. When acquiring a new building, it is prepared by Sberbank employees after the house is handed over and accepted by the state commission. The client starts the package of documentation after signing the acceptance certificate.

How to apply for a mortgage?

The mortgage is issued in accordance with the current regulatory legal acts and is a security. Rights of its owner:

in the event of a delay in payment by the borrower or the termination of debt service, claim the property pledged;
demand full fulfillment of the obligations specified in this agreement.

Changes in the terms of the agreement are made by mutual agreement of the parties, therefore, in the event that the bank sells the mortgage, this will not affect the conditions for the provision of the mortgage stipulated in advance in the document.

Before issuing a mortgage, a Sberbank client should keep in mind that it is not made up in some cases:

if it is impossible to determine the amount of the security obligation;
when registering the right to lease a property complex;
when transferring an economic entity as an object of collateral.

This security is drawn up in 1 copy by the bank's employees and certified by the signatures of both parties. It is registered and sent by Rosreestr to the bank that stores it.

Obtaining a mortgage by the borrower is made after the fulfillment of contractual obligations. The collateral property is subject to expert evaluation to establish the appraised value of the mortgage.

The signing is preceded by the submission of documents for registration of the mortgage.

How much is the mortgage on time?

The following factors influence the timing of a mortgage loan:

speed of evaluation and preparation of an expert opinion;
time of registration in the division of Rosreestr.

Signing a document does not make it legally significant. It must be registered by the due date. In case of untimely application to the registering authorities, it loses its legal force.

Government agencies are involved in the execution of the mortgage, so various circumstances may arise that affect the timing. The average period for processing and registering a document is several weeks.

Documents for a mortgage on a Sberbank mortgage

After the conclusion of the mortgage agreement, the necessary documents are submitted to the bank for registration of the mortgage. List (list) of documents:

act of acceptance and transfer of housing transferred as collateral;
extract from the USRN for this object;
registration certificate;
loan agreement;
expert report on the market price;
insurance contract;
payment receipt.

The borrower should keep in mind that you need to have a passport or other identification document with you. Drawing up paper by bank specialists does not cost the borrower anything. When determining how much a mortgage is worth, one must proceed from the amount of the state duty, which now stands at 1,000 rubles.

When evaluating a new building for a mortgage, Sberbank gives the client 2 copies of the report. One of them is presented to the credit manager for issuing a security, and the second is sent to the Rosreestr branch.

Additional documents may be required in different circumstances. Which one to present, the Sberbank specialist will explain.

Making a mortgage after the sale of the house

A properly executed contract is a guarantee of observance of the rights of the owner. After submitting the package of necessary documents, proceed to the registration of the mortgage:

in the upper part in the center of the sheet indicate the name of this paper - "Mortgage";
the text indicates the surname and other identifying information of the parties;
information about the object of the mortgage, the conditions for the provision of loan money and the period for their issuance are transferred to paper from the contract;
no changes can be made to it, if they are necessary, a new paper is drawn up, certified according to the general rules;
if there are typos, the specialist of the bank acting as the pledgee crosses out the erroneous entry and carefully enters the correct one, making under the crossed out entry “Corrected to believe” with its assurance.

How to get a mortgage after the mortgage is paid off?

The debtor must know where the mortgage is kept. Since the bank realizes its rights when using it, it is stored with the pledgee. On legally justified grounds, it is transferred to third parties, about which the pledgor is informed.

Additional instances of the document are not created.

After making the last installment on the mortgage, the borrower applies to Sberbank with an application for the return of the mortgage, which is considered no more than 30 days.

The client checks whether the document contains a note that his obligations have been fully fulfilled. Then he turns to the MFC, which transfers the submitted documents to Rosreestr:

a contract for the sale and purchase of a property object that was under pledge, or equity participation in the construction of this object;
extended extract from the USRN;
mortgage.

The owner of the property is issued a receipt on receipt of documents. It indicates the date of visiting the MFC to obtain an extract from the USRN with the encumbrance removed.

The return of the mortgage to the mortgagor is carried out within 1 month. If the bank does not return the deposit on time, the owner may apply to the court to remove the encumbrance.

If bank employees have committed negligence when transferring paper to third parties or have lost it, then the bank must restore the mortgage by issuing a duplicate to the borrower. If it is incorrectly compiled or the bank refuses to issue it, the latter may apply for judicial protection.

How to get a mortgage on a mortgage in Sberbank?

A sample mortgage on a Sberbank mortgage can be downloaded from the website of this economic entity or obtained from one of its branches. This will enable the borrower to get acquainted with it and consult with a lawyer, if necessary, before signing it.

The registration procedure is determined by the internal regulations of the economic entity. The process at Sberbank includes the following steps:

Preparation. A package of documents is collected, the form of paper filled out by the bank's specialists is checked. In case of disagreement, they can be contacted with a request to amend it.
Decor. The document is certified by both parties and the seal of the business entity. To register a transaction, an application is written to Rosreestr. Served together with a receipt for payment of state duty.
entry into force of the agreement. After registration, the original document is redirected to the bank, where it is stored until the conditions of the main agreement are met.

A Mortgage Loan Form can be downloaded from us.

Registration of the document is carried out according to the rules of credit and mortgage legislation. The following information is provided:

Information about the pledger:

FULL NAME.;
date of birth: two-digit designation - day and month, four-digit designation - year;
the name of the paper begins with a capital letter, all numbers are written in numbers;
registration is indicated in the fields specially designated for it.

Information about the debtor is filled in the same way. Specific requirements for this section:

if the debtor and the pledgor are the same person, the data is filled in by copying from the previous section;
a separate form is filled out for each debtor;
when filling out, it must be borne in mind that they are not minor children.

The data given in the paper are identical to those in the mortgage agreement.

Information about the original mortgagee:

legal form and name of the bank;
license with essential information on it;
the legal address of the economic entity, indicated in the same sequence as the place of registration of the pledgor;
TIN, BIC and c / s of the bank.

Branches most often act as the initial mortgagor in Sberbank. The form is first filled in for the head office, then for the division.

Information about the obligation with mortgage collateral:

a mortgage agreement as the basis of a paper with information on it that is significant from a legal point of view;
the amount of the loan to be issued and the rate - in special fields in numbers and in words;
mortgage term;
the amount of the periodic payment.

Here you will find information about the purpose of the loan. For the borrower, this part is the most important, since the obligations always remain unchanged, including the transfer of paper to another credit institution.

Information about the subject of mortgage:

the address of the acquired residential property, its area, number of rooms and other significant indicators;
floor;
type of building material;
no encumbrance.

Information on the right by virtue of which the pledgor owns the object of mortgage:

ownership of the collateral object;
the body that registered the property for the borrower;
number, date of registration, name of the authorized registrar.

The section is certified by the seal of the registrar.

Information about state registration of mortgage:

who registered, under what number and when;
names and signatures of the parties.

If the pledgor is a minor child, then the full name is given next. guardian.

The seal of the registrar is affixed.

Paper issue date:

directly date, full name representative of the registrar, signature;
registrar stamp.

The numbering is carried out at the top right, after which it is flashed and certified by the representative of the registrar.

The document has a special section "Note on the transfer of the mortgage", which contains information about the transfer of the document to third parties: full name. for a citizen or a name for an economic entity, TIN, address (according to a passport or a legal one).

Mortgage mortgage: concept, functions and meaning

The cost of the apartment is high, so most often a mortgage loan is issued for a part of its value. The rest of the amount is paid by the buyer at his own expense (initial payment). However, it is not a part of the apartment (share) that appears in the pledge, but the whole of it.

Before signing the document prepared by the bank, you should read it very carefully (take it home, show it to your lawyer). Each of its paragraphs after signing is binding on the parties. If the disputed clause does not contradict the law, then no matter how disadvantageous it may be for any of the parties, it will have to be implemented.

The client has the right to offer another subject of collateral (non-purchased real estate):

land plot;
another apartment;
cottage, country house;
industrial facility;
commercial real estate - shop, beauty salon, office.

An important nuance: the subject of pledge may belong to a family member (spouse, child, grandson, parents) of the mortgage borrower. In this case, the consent to the pledge of its owner must be notarized.

What is needed for

The borrower needs a mortgage in order for the bank to agree to issue a mortgage loan. But the credit institution itself can use the security for a variety of purposes:

Partial sale of collateral. Typically, such a transaction is executed between banks when the pledgee needs cash for his activities. The buyer receives the right to receive during the entire validity period (or the agreed period) of the mortgage part of the monthly payments on the loan. The borrower is usually not notified about such transactions, since nothing changes for him.
Full transfer of rights. The mortgage is sold to another bank. The borrower is notified of a change in the current account, to which current payments will need to be made in the future. The transaction is not reflected in the mortgage lending agreement in any way.
Bond exchange. An analogue of the assignment of rights, but has a difference. Since the objects of collateral are not equivalent in value, the recipient of the more expensive one pays the difference to the other side of the transaction. It is usually used to return the loan amount in case of long-term non-payment on the loan. The mortgagee sells the apartment, returns his costs and the balance of the debt, and gives the rest of the proceeds from the sale to the client.
Issuance of emissive securities. The amount of the mortgage can be divided by the mortgagee into several parts. For each part, you can issue a valuable emissive paper, which is sold not only to legal entities, but also to ordinary citizens. The bank receives additional income.

Banks perform all these operations with the main goal: to receive additional income. Due to the difference between the loan amount, the value of the collateral, the sale price of the mortgage, you can get a small profit, but immediately. This is justified for long-term loans.

Functions and purpose

According to the Civil Code of the Russian Federation, the main functions of the mortgage are:

Indirect confirmation of the property rights of the mortgagor to an apartment purchased on a mortgage. A copy can be presented along with the bill of sale and the loan agreement, proving the fact of registration of the mortgage.
Confirmation of the owner's right to live in the apartment, but not dispose of it (sell, donate, etc.).
Protects the rights of the mortgagor when the mortgage is sold to a third party. The new beneficiary will not be able to infringe on the rights of the borrower in any way, since all of them are announced in the terms of the mortgage.

The document acquires its legal force not at the time of its signing by the parties, but only after registration with Rosreestr. From the point of view of the financial market, this security serves to increase the turnover of the mortgage.

What information does

According to the Federal Law “On Mortgage” (Article 13), the mortgage contains the terms of the transaction, which the parties, by mutual agreement, have the right to change at any time. To do this, within 1 day after the change is made, it is necessary to submit a corresponding application to Rosreestr. There is no state fee for this operation.

The document itself contains the following information:

Full name.
Information about the borrower (passport data).
Information about the pledgee (name and details of the legal entity, including the actual and legal address, information about the license).
Details of the mortgage agreement.
Information about the conditions of crediting: loan amount, interest rate, repayment term.
Loan repayment procedure (monthly payment amount, payment terms).
The name of the pledge and its detailed description, by which it can be unambiguously identified (address, area, floor, details of the title document, the presence of other encumbrances).
The value of the collateral as determined by an independent expert appraisal.
Date and signature.

Additional items may apply. Each bank chooses them at its discretion, trying to provide for all possible disputes in order to avoid litigation in court.

Document validity period

The mortgage is issued on the basis of a mortgage agreement concluded by the parties, which has its own validity period. Typically, a mortgage is valid for as long as the borrower repays the loan. During all this time, the mortgage is also valid.

In other words, until the mortgage is 100% repaid, the mortgage will be valid. If the term of the mortgage agreement is extended, then the validity of the pledge is extended. The termination of the pledge is carried out in accordance with Art. 352 of the Civil Code of the Russian Federation on the basis of:

Fulfillment of obligations (mortgage repayment).
Offset of counterclaims of the parties.
Forgiveness of debt.
Liquidation of a legal entity (creditor).

The mortgage bond may be terminated early at the request of the pledgor in the event that the subject of pledge itself is with the pledgee and is not properly maintained by him.

Since the mortgage is registered with Rosreestr, a mark on the termination of the pledge is also put in the USRN within 3 days after the submission of information on the full repayment of the mortgage:

statements from the mortgagor and from the pledgee;
a mortgage with a bank mark on the execution of the mortgage agreement (or a court decision to terminate the mortgage).

The mortgage is canceled after the record of the mortgage repayment is made in the USRN. The only way to remove the encumbrance from the apartment is in this way.

How to make a mortgage

As already mentioned, the preparation of a mortgage is started when an agreement has already been reached between the bank and the client on the very fact of the mortgage. The object of purchase has been selected, the bill of sale has been drawn up, and the mortgage lending agreement has been signed. Now the bank proceeds to something that cannot be dispensed with - to the registration of collateral.

Action List

Whatever bank the client turns to (commercial, state), he will have to go through a standard procedure. It is preceded by negotiations, during which the management of the credit institution makes a decision: to agree and issue a mortgage loan, or to refuse the client.

The standard procedure for issuing a mortgage consists of the following steps:

Based on the documents submitted by the borrower, the bank prepares a form that contains all the mandatory items and information about the subject of collateral, the mortgage agreement, and the details of the parties.
The borrower (mortgagor) familiarizes himself with the content of the document, checks the accuracy of the information provided, and signs it.
A certified mortgage bank is transferred for registration to Rosreestr. The registration fee is paid by the pledger.
The certified document is returned to the bank and kept with it until the mortgage loan is fully repaid.

At any time, the borrower may apply to the administration of the mortgagee to obtain a copy of the mortgage to be presented to various authorities.

Required documents

In the same way as when drawing up a mortgage agreement, when registering a mortgage, you must present a document proving the identity of the mortgagor (passport). Additionally, the bank will require to show a document confirming the borrower's ownership of the collateral object. At the moment, this document is an extract from the USRN, which is ordered from Rosreestr.

You should come with the conclusion of an independent expert on the value of the mortgaged apartment. It is important to apply only to those expert companies that have the appropriate license (SRO approval) to provide this type of service. In this case, you can use the same assessment that was performed before the apartment was registered with Rosreestr after the sale.

Appraisal of an apartment for a mortgage

The assessment itself is necessary so that the bank can compare the value of the collateral with the size of the loan issued by the client. If the expert's report shows that the value of the collateral is inferior to the size of the loan, then the loan to the client will be denied. If the agreement has already been concluded, then the lender has the right to demand additional collateral for the loan.

It is impossible to entrust the evaluation of an arbitrary company. The bank must approve the expert's candidacy. If you choose an expert not accredited by the bank, then his report is unlikely to be accepted.

The appraisal of the apartment is carried out by:

By assessing its technical condition (based on the results of the inspection, photo and video filming).
Comparative evaluation of similar objects and determination of the average market value.

The expert's report reflects the list of activities carried out, the conclusions obtained, the exact amount in which this property is valued.

Price

Banks charge fees for various transactions. Meanwhile, it is for the registration of mortgages that the client usually does not pay. His expenses are related to the hiring of an appraiser, whose report is necessary for registration of the pledge.

The banks themselves offer borrowers a list of expert organizations accredited by them. You can choose any of them, for example, by comparing prices for their services. These costs are fully borne by the pledger.

What to do when refinancing

Mortgage mortgage on an apartment when refinancing a mortgage loan is reissued to a new credit institution. Since the borrower changes one loan for another with a change of lender, the collateral is transferred to the new pledgee. The first bank voluntarily assumes the risk of being left without collateral for the short period during which the loan is refinanced.

Table 1. Mortgage refinancing rates (December 2017)

Name of the bank	Interest rate, %
VTB 24	10,7
Sberbank	10,9
Opening	11,99
Raffeisenbank	9,99

After all registration activities are completed, the client will receive a mortgage loan from a new bank, giving him the same apartment as collateral. The old bank will receive the necessary amount to repay the original loan. Since the old mortgage is canceled, a new one is issued, which means that the borrower will have to pay all the costs associated with this again.

Mortgage mortgage - a sample on the example of Sberbank

A typical mortgage for an apartment on a Sberbank mortgage looks like this.

Mortgages of other commercial and state banks do not differ significantly from this form. The main points will be identical. You can fill out the document on a computer or by hand (the first option is preferable). Signatures of the parties and wet seals are affixed together with the date.

Requirements when filling out a document

The main requirement for issuing a Sberbank mortgage is the accuracy of the information provided.

Therefore, in addition to the standard list of documents, the pledgor must provide copies and originals of documents:

Notarized consent of the spouse to issue a pledge.
Cadastral passport, floor plan and explication of housing.
If at the time of acquiring the right of ownership to the subject of pledge, the pledgor was not married, then he submits a notarized statement about this.
If the co-owners of the pledge are minors, then consent to the transaction of the guardianship authorities is presented.
Instead of the notarized consent of the spouse, you can present a marriage contract (it must stipulate the regime of separate property of the spouses).
An extract from the house book indicating all persons registered in this living space.
An extract from the USRR stating that the land under the house belongs (is in shared, joint or other ownership) to the mortgagor, if so.

This list of documents should not raise questions from the mortgage borrower. Collecting them will not be difficult.

Sale of mortgages

According to the Civil Code of the Russian Federation and the Law "On Mortgage", banks can at any time dispose of their securities. For example, the sale of mortgages on mortgage loans is allowed:

to other Russian banks.
to international lending institutions.
offshore funds.

Important: the requirement to timely inform the mortgagor about the future sale of the mortgage is mandatory. Failure to do so will invalidate the sale.

The same mortgage can be resold an infinite number of times during the time the mortgagor repays the mortgage. At the same time, the initial conditions set forth in it remain unchanged. Even with refinancing, only the legal entity of the pledgee changes in the document.

What to do if the mortgage document is lost

The borrower cannot lose the mortgage because it is kept in the bank. But the pledgee himself can lose the form. This can happen for any reason (negligence, fire, unknown cause), but there are always two ways to solve the problem:

Restore the security (make a duplicate). After that, the procedure for registering the mortgage bond with Rosreestr is again carried out.
The encumbrance from the object of pledge is removed in court.

The first option does not promise any particular problems, since both sides are interested in a speedy settlement of the problem. The second way is chosen when the parties cannot agree with each other peacefully.

Duplicate Rules

A duplicate, like the original form, is prepared by the creditor and submitted for signing to the pledgor. At this point, it is very important to make sure that no errors and changes have crept into it. A copy of the lost document, which should be available to the borrower, will be very helpful in this.

After the signing of the new form is completed, the inscription “Duplicate” must be put on it. In Rosreestr, after the standard registration actions, a copy of the new mortgage will remain (the original will be transferred to the bank). It also checks the compliance of the new document with the original version. The costs associated with the new registration shall be borne by the bank.

The mortgage on the apartment after the repayment of the mortgage must be transferred to the borrower. This is done according to the act of acceptance and transfer. A note is made on the form that the bank has no claims against the client.

To return a mortgage on a mortgage, you must contact the bank office, presenting an extract on the repayment of the mortgage (it is kept for 3 years after the loan is closed). With this document, they apply to the Registration Chamber to remove the encumbrance from the pledged object. A state fee is paid for this operation.

Brief Summary

Mortgage collateral does not significantly increase overhead costs, but allows you to get a loan on much more favorable terms than without it. The difference in interest rates can be very large - up to 10%.

The benefit is also that until the encumbrance from the property is removed, no one will be able to do anything with it (sell, bequeath, donate).

In accordance with Russian law, a mortgage agreement is called a pledge agreement. In the process of signing this document, a mortgage is drawn up. Thus, a mortgage agreement is an obligation secured by a pledge. Moreover, real estate acts as collateral.

Property that can become collateral when concluding a mortgage agreement includes:

(mandatory condition: proof of ownership);
various structures, structures or buildings that are the property of the enterprise;
residential real estate;
garage, house in a garden partnership, country house;
ship, plane and other objects. This paragraph is distinguished in accordance with the established legal practice. Often, aircraft, ships or other objects owned by a citizen of the Russian Federation are arrested outside the country in accordance with the decision of the judicial authorities of the relevant states.

If any enterprise or residential real estate acts as collateral under a mortgage agreement, then the land plot on which the facility is located is also included in the collateral. It should be noted that in the event that the owner of the collateral is not the owner of the land, but acts only as a tenant, then along with the property, the right to a long-term lease will act as security.

In accordance with the current legislation, an object of construction in progress can also act as security under a mortgage agreement. But you can only lay the entire object as a whole. In other words, if the object of collateral is a house, then it is impossible to use the foundation, walls or roof separately.

There are situations when several people have ownership of an object. Then the mortgage agreement can be concluded only after all right holders give their consent to it.

The simplest and probably more popular among the population is. Banking institutions with much less willingness agree to issue a loan for. This is a less attractive provision of the contract. It is especially difficult for a simple consumer to obtain funds for the purchase of an aircraft or a sea vessel.

Legislation and mortgage

In accordance with the current legislation in Russia, there are 2 types of mortgages:

Legal mortgage; arises when a citizen has entered into an appropriate loan agreement in one of the banking institutions. This type of mortgage is regulated by the Mortgage Law.
Mortgage under the contract. It takes place when a separate mortgage agreement is concluded, in which it is possible to negotiate some additional conditions.

It is noteworthy that the mortgage agreement must be registered with the relevant state authorities, otherwise it is considered void. It is for this reason that all calculations should be carried out only after the registration procedure and the mortgage agreement have been completed.

The mortgage agreement must be registered with the relevant state authorities, otherwise it is considered void.

Mortgage lending banking programs, for the most part, are focused on contracts of the first type, because this is the simplest option. It is important to remember that some additions to the standard loan agreement will have to be made.

For example, the responsibility for the integrity and safety of the property acquired in a mortgage is fully borne by the owner. One of the important conditions is that the premises must be used for their intended purpose. If the owner of the property wants to redevelop, or, then this cannot be done without the appropriate permission of the bank, since certain changes in the layout of the object can significantly affect it, which is not beneficial for the financial institution.

Mortgage Essence

In order for the acquired real estate to be pledged, it is necessary to draw up a special document - a mortgage. It indicates the surname, name and patronymic of the buyer, so the mortgage is considered a registered security. The mortgage bond must be registered with the relevant government agencies. The mortgage is secured by a mortgage agreement.

The mortgage must contain all the essential terms of the loan agreement, as well as information about the relationship between the lender and the borrower. Mortgage, in its essence, is a document reflecting the actions of both the lender and the borrower in those cases that relate directly to the conditions for the return of borrowed funds, as well as collateral legal relations. At the end of this document, space is provided for the transfer record. The mortgage is valid until the full repayment by the borrower of his credit obligations.

Mortgage, in its essence, is a document reflecting the actions of both the lender and the borrower in those cases that relate directly to the conditions for the return of borrowed funds, as well as collateral legal relations.

Mortgage is a security that certifies the right of the pledgee to demand from the pledgor the fulfillment of the terms of the contract, in addition to which the mortgage was drawn up. In case of non-fulfillment of its conditions, it ensures the right of the pledgee to recover the pledge from the pledgor. The most common use of mortgages in Russia is mortgage lending. Until July 2018, when concluding a loan agreement, paper mortgages were used. This caused a number of problems for borrowers, since the process of returning mortgages after the full repayment of the loan was long-term.

Since July 1, 2018, an electronic mortgage has been introduced in Russia - an analogue of a paper mortgage in digital format. It has the same force as the paper version, it is compiled by filling out a special electronic form on the public services portal or Rosreestr. The document is signed by the electronic signature of the pledger (and the debtor) and sent to Rosreestr, where it is certified by the signature of the state registrar. Then the document is transferred to the depository for storage. The details of the electronic mortgage are entered in the mortgage record. Thus, after the loan is repaid, the borrower will be able to receive the electronic mortgage back through an electronic appeal to Rosseistr.

Only a bank can earn on a mortgage in a mortgage, having received the mortgaged property in the property if the borrower cannot repay the debt. Individuals can earn on this instrument only if they themselves act as a pledgee. This may be practiced in private transactions with other individuals.

A mortgage is a registered security. Nominal, because it is issued, i.e. is drawn up by a specific person (debtor and pledgor) in a specific name, namely, in the name of the creditor - pledgee.

In general, a mortgage should not be drawn up by a bank, but by the individual who took out a loan and pledged his property. If the property was pledged by a third party, then it also participates in the preparation of this document.

But in fact, everything is not so. The mortgage is drawn up by the bank, filling in all the required fields for the client. The borrower and the mortgagor need only sign the mortgage. But according to the law, it is considered that the borrower and the pledger made up the security.

The mortgage certifies at once 2 rights of its owner:

the right to demand repayment of the loan;

the right to foreclose on the property that is the subject of collateral (if the borrower pays the loan in bad faith).

According to the law, it is imperative not to forget to indicate 14 points in the mortgage, namely, the following information:

the word "mortgage";

about borrowers;

about pledgers;

about the creditor - mortgagee;

on the loan agreement (loan agreement);

on the amount of the loan, the amount of interest, the procedure for their calculation;

on the procedure for paying debt and interest;

about the real estate object - the subject of pledge;

on the value of real estate, confirmed by the conclusion of an independent appraiser;

on the right by virtue of which the real estate belongs to the pledgor, including information about the registration authority that registered this right;

on the presence / absence of encumbrances on real estate;

signatures of all borrowers and pledgers;

on mortgage registration;

on the date of issue of the mortgage.

The creditor may indicate in the mortgage and other information. Some banks, instead of including additional conditions in the mortgage, simply stitch together a copy of the loan agreement with the mortgage.

By the way, theoretically, some mortgage conditions can be posted on the Internet on the lender's website or published in the media with a circulation of at least 10,000 copies. Then, when making a mortgage, it simply indicates the source of the publication.

Mortgage procedure

The mortgage, as a rule, is drawn up on the day of the conclusion of the contract for the sale of an apartment and a loan agreement. Although it can be drawn up later, at any time until the loan is fully repaid.

The mortgage bond is transferred together with other documents under the sale and purchase transaction to the body for state registration of rights to real estate. All mortgage sheets must be numbered and stitched.

When the registration of rights to real estate is completed, an employee of the state registration authority puts on the mortgage information about the rights (property and mortgage), certifies this information with his signature and seal, and issues the mortgage to the creditor - the mortgagee, putting down in the mortgage also the date of its issue.

If a government agency made a mistake when filling out “its” information (and this happens, oddly enough, often), it must correct the error in an explicit form and certify its correction.

Mortgage sale

And so we got to the point, and for what, in fact, this additional document is required. After all, there is a loan agreement, there is a mortgage agreement (or a sale and purchase agreement with a mortgage in accordance with the law), isn't there a lot of everything?

Another document, namely, a mortgage, is needed to simplify the "sale" of the loan. It happens that the bank cannot keep your loan on its balance sheet and sells it to someone else, to another bank, for example. Or a refinancing company.

If there is no mortgage, then the loan sale transaction (or, to be more precise, the loan assignment transaction) is complex - you need to draw up an agreement on the assignment of rights under a loan agreement and an agreement on the assignment of rights under a mortgage agreement. And not just compose, but register them. And if there are a lot of loans for sale? A lot… Have you imagined? For each loan, at least 2 contracts must be drawn up in at least two copies. Then take all the contracts to Rosreestr for re-registration. In general, all this is difficult.

But if there is a mortgage (and we remember that it certifies 2 (!) rights at once), it is enough to write on the mortgage “I transfer the rights to someone under such and such an agreement from such and such a date.” And that's it! You don't even need to register it. It is possible, but not necessary. Selling a mortgage is a simple transaction.

That is why the mortgage must immediately provide a place for marks on the transfer of rights to the mortgage to the new owner. And not one place, but several at once, because. credit can "roam" from one lender to another.

And you can further simplify the process of transferring a loan to a new owner by indicating in the mortgage that it will be held in a depository. Then the depository does everything, and you don't even need to write anything on the mortgage when transferring rights.

Answer

The mortgage is multifunctional. It is also a security that can be traded, secured a loan or even the issue of other securities (shares of a banking organization, for example), but it is also an important title document. Its original is kept at the bank, but the duplicate, which is always given to the borrower, has the same validity, so it doesn't really matter. In this article, we will analyze the topic in as much detail as possible.

When a person decides to buy a house or apartment on a mortgage, in a new building or a secondary building, in any case, a mortgage is issued. With a mortgage, the execution of this document is not only inevitable, but also a significant benefit (mainly for the lender, but a little for the borrower).

So, what is a mortgage on an apartment? This is the name of a paper certifying the presence of an encumbrance on real estate in favor of the bank. The recipient of such a paper will be able to immediately understand:

Who is the owner of the immovable property (borrower);
Who issued the mortgage loan and, accordingly, who is the mortgagee (bank);
What is the value of the property pledged;
Finally, the paper secures the bank's right to property in the event of default on obligations under the loan agreement.

This document is drawn up in strict accordance with the legislation of the Russian Federation, i.e. Federal Law On Mortgage (Pledge of Real Estate) dated July 16, 1998 N 102-FZ and legal act On banks and banking activity dated 02.12.1990 N 395-1.

Why is it needed and what can the bank do with it?

A security document is a valuable financial document that has its own value. In this sense, this document is somewhat similar to bills of exchange, shares and similar securities - if desired, the bank can use mortgages as collateral for a loan. Especially often, the bank resorts to this method of securing debts if its own financial situation is rapidly deteriorating.

But, as of 2020, there are other uses for a mortgage besides collateral:

If the bank urgently needs someone - the state, an individual or legal entity - to prove that this or that property is pledged to the bank, a mortgage will help in this. Until the registration of the borrower's property rights, only this paper is able to confirm the bank's rights to housing;
In the event that the borrower fails to fulfill its obligations to repay the loan, the bank will be able to fully or partially realize the collateral in order to avoid losses and, possibly, even earn some money. But to implement the pledge, you need to prove your rights to such actions - the mortgage will help;
The document, in combination with other mortgages, can not only secure a loan received by a bank, but also secure the issue of own shares;
To put its finances in order, an enterprise has the right to assign the rights of claim to another organization or to exchange one securities for others.

This is a complete explanation of what the bond paper is for. Now it should be clear why the bank is so attentive to the execution of this seemingly insignificant document.

What does it look like and what does it contain?

The way a mortgage on an apartment looks like directly depends on the bank. only the content of the document is established by law. In form, these are, as a rule, 9-10 bonded laminated sheets of A4 paper, less often - from cardboard. You can find a sample mortgage below (download -).

Name of the document: "Mortgage";
The identification number of the paper indicated in the header;
Requisites and other information about the pledge holder (bank);
Passport and other data about the mortgagor (borrower), as well as details, if it is a legal entity. face;
Link to the loan agreement under which the mortgage was issued;
Information about the loan - payment schedule, amount, interest rate, final overpayment, etc.;
Indication of the characteristics of the property being pledged: address, area, BTI data, explication, etc.;
Estimated value of real estate;
Information about additional factors - such as arrest, rental of housing or rent, details of the payment made, if something was not according to plan;
Seal and signature of authorized persons, as well as the date of preparation of the paper.

How is a mortgage issued?

Now let's learn how to get a mortgage on a mortgage at Sberbank, VTB or any other Russian bank.

The document is filled in and executed in the bank, and this is done immediately upon signing the loan agreement. Thus, the bank protects itself from possible fraud on the part of the borrower when the loan has already been transferred to him, but the client refuses to register the encumbrance.

The mortgage is officially signed by bank employees, and the client - only after the full submission of the required documents. Next, you need to pay the state duty for the future registration of the mortgage. The fee will cost 2,000 rubles for individuals and 220,000 rubles for legal entities if the housing is not yet owned by the borrower.

Further, the receipt of payment, along with the rest of the package of papers, must be sent to Rosreestr in person at their branch or through the MFC. Within a short period of time, 3-5 working days, the encumbrance will be registered. The applicant from Rosreestr will be sent or handed over personally an extract from the USRN, certifying the existence of an encumbrance.

Mortgage redemption procedure

Everything is simple - from the moment of full repayment of the debt to the bank, the creditor is obliged to return the mortgage to the former debtor within one month. In order for the collateral to be returned to the borrower, it is necessary:

Get a certificate from the bank confirming the absence of debts and claims;
This document, along with the rest of the loan documentation and a copy of the passport, must be sent to Rosreestr;
After the removal of the encumbrance, it is necessary to issue an application in which a request is expressed to return the mortgage;
Together with documents confirming the full repayment of the debt, the application is sent to the bank. From this moment, within a month, the mortgage must be returned.

Private questions

The topic is so broad to review that for its most complete study it is better to go through the most common questions of citizens.

Where is it stored?

The original is always with the bank (i.e. the lender and the pledgee), the client may have a duplicate in his hands. It is mandatory to keep it with you, because. there is always the possibility of force majeure - if the bank has an emergency, the original mortgage may be lost. Then it will be easily restored by duplicate or will not be restored at all, because. the duplicate can be recognized as the original.

Attention: according to the law, the borrower always has the right to demand that the bank issue a duplicate mortgage. Moreover, you can draw up a document without any restrictions, with any number of requests.

What to do if the bank lost the mortgage?

If there is a duplicate, it will be used as the original in most cases. If there is no duplicate, the bank will have to independently - without your help and financial participation - draw up the document again in Rosreestr.

What if the bank does not return the mortgage after paying off the mortgage?

It's against the law. Send a complaint to the bank management. If this complaint does not bring any effect, write a complaint to the Central Bank of the Russian Federation with a detailed statement of the problem. As a rule, after that, the bank promptly fulfills the requirements of the client.

If, in this case, nothing happens, collect documents and appeals to various authorities (bank management, the Central Bank of the Russian Federation, ordinary bank employees), write a lawsuit and send it to court. The case will be won, because This is a flagrant violation of the law.

What should I do if the bank sold the mortgage?

In this case, you must be notified within a month from the date of the purchase and sale. The Bank has the right to such sales and purchases. Remember that the duplicate has the same validity as the original, so you don't have to worry about the current owner of the original document.

Paper expiration date

Three situations can terminate the relevance of a pledge paper:

Expiration of the loan agreement;
Fulfillment of obligations under a loan agreement (early repayment of a debt, for example);
Return of the mortgage to the client.

Brief summary of the article

So, we figured out what is and why a mortgage is needed. In short, it is a document confirming the lien on real estate. The document has a real monetary value, and therefore it can be sold, exchanged and other operations can be carried out. A paper is issued at the bank, and he is obliged to give it back to the client within a month after the mortgage is fully repaid.

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