Mortgage - a loan, the main purpose of which is the purchase of residential or commercial real estate. It can be issued by companies or individuals. Most often it is used when buying apartments or private residential buildings. In this case, registration of mortgages in Rosreestr is required. In this case, the encumbrance represented by the pledge is imposed on the purchased property. It is removed only after the full repayment of the mortgage.
Registration Rules
Registration of a mortgage agreement should be subject to the following requirements:
- for residential premises, a period is established within 5 days after the conclusion of the contract;
- if non-residential real estate is purchased using borrowed funds, registration is required within 15 days after signing the contract;
- the application to the Federal Registration Service is transmitted not only by the borrower, but also by the banking institution in which the mortgage is issued;
- you should contact the Rosreestra branch at the location of the property;
- for the implementation of the process, it is necessary to draw up a statement to which other documentation is attached, submitted by personal documents of the borrowers, marriage certificate and other papers;
- loan registration is carried out simultaneously with the registration of ownership of the object by the borrower.
All of the above rules must be observed by property buyers. Basic information about this process is contained in Federal Law No. 102 “On Mortgage”. Mortgage registration terms are also written here, so if you are buying a residential property, you must transfer documents to the Federal Register within 5 days after receiving the borrowed funds.
The specifics of a loan
Registration of a mortgage is carried out only after direct registration of a mortgage loan. The procedure should be carried out on the basis of certain requirements of a banking institution. The process of obtaining a loan is divided into stages:
- initially, property suitable for acquisition is selected;
- bank requirements are being studied;
- the necessary documentation is prepared, presented by a statement of income, passport, application and other papers confirming the solvency and responsibility of the borrower;
- after studying the application and documentation, a decision is made by the management of the bank;
- if it is positive, then a loan agreement is concluded;
- the down payment is made by the borrower;
- the seller receives money for his property;
- registration of mortgages in Rosreestr;
- drawn up ownership of the purchased object.
After completing all the steps, a citizen receives an extract from the USRN. It contains information that the borrower is the owner of the object. Additionally, it is indicated that this property has an encumbrance in the form of a pledge.
Contract Registration Rules
Registration of an apartment in a mortgage involves entering the necessary information into the USRN. This register contains information on the presence of encumbrances on real estate. This record contains the following data:
- information about the creditor provided by the banking institution;
- mortgage loan amount;
- loan subject represented by an apartment, house or other property.
If during the preparation of the mortgage agreement an additional mortgage was formed, then information about this document is entered into the USRN.
The nuances of registering a military mortgage
Military personnel can take advantage of a military mortgage, which allows them to purchase real estate through state support. In this case, low interest rates are offered, as well as some of the cost is covered by budgetary funds.
To register a contract, similar actions are performed. To do this, you need to collect certain documentation and submit an application to Rosreestr.
What is the duty paid?
State registration of a mortgage is made after payment of the fee. Its size depends on who is the borrower:
- for individuals, the duty is 1 thousand rubles;
- if registration is carried out by a company representative, then 4 thousand rubles are paid.
The fee is paid by the direct mortgagor represented by the borrower. If a mortgage is issued for a civil servant or military, then the fee is not paid.
Registration process
Mortgage registration is performed in the correct sequence of actions. For this, the stages are implemented:
- initially, the borrower collects the necessary documentation, which includes the personal documents of the citizen, as well as a loan agreement and payment schedule;
- documentation with the application is transferred to the department of Rosreestr;
- documents can be transferred through an intermediary provided by the MFC;
- In addition, electronic registration is permitted, for which all documents are transferred to the Federal Registration Service in electronic form.
Be sure the lender requires insurance for the purchased object. The insurance procedure can be carried out before or after registration.
What documents are needed?
Most often, Sberbank is selected to obtain borrowed funds for the purchase of housing. Registration of a mortgage is a standard process that is performed in the same way regardless of which bank a loan is issued. To do this, prepare the following documents:
- mortgage agreement drawn up with the selected banking institution;
- annexes to this agreement;
- mortgage, if it is compiled upon receipt of borrowed funds from the bank;
- receipt confirming payment of state duty.
All of the above documentation is transferred to the Rosreestr. Documents should be transmitted in duplicate. If the loan is issued only by one spouse, then the wife must agree to register such a loan. If the seller is a minor citizen, then his guardians should represent his interests, and it is also required to obtain permission in advance from the guardianship authorities for this process.
Application Rules
Registration of a mortgage agreement is carried out on the basis of an application drawn up by the borrower. It is transmitted with other documents to Rosreestr. When forming this application, the following information is entered:
- personal data on the borrower submitted by his F. I. O., date of birth, citizenship and gender;
- given passport data of a citizen;
- the place of registration and residence is indicated;
- the need for registration of an agreement drawn up with the bank is prescribed.
If the procedure is performed by a company representative, the application shall indicate the name of the organization, its TIN and PSRN, date of registration, as well as legal address.
Is it possible to carry out the process electronically?
Electronic registration of mortgages is permitted, for which the Rosreestr website or the State service portal are used. To receive such a service, you need to register on the site. All documents are uploaded to the resource in electronic form.
Additionally, on the site you can pay the state fee. This procedure has many advantages, as it saves time. Additionally, on the website of Rosreestr, you can order an extract from the USRN in electronic form. Using this document, you can verify the burden and registration of housing on the applicant.
What mistakes are made?
When registering after a mortgage, borrowers may make certain mistakes. Usually they are represented by technical errors that have to be fixed promptly. They lead to the fact that employees of Rosreestr can not register a mortgage agreement.
The most common errors include:
- the statement contains false information;
- the borrower could not prepare the necessary documents for registration;
- the deadline is 5 or 15 days, during which registration is required.
Identified errors should be corrected within three days from the date of detection. For this, a corresponding written application is submitted to the Federal Registration Service.
The nuances of collecting property
Prior to the final repayment of the mortgage, the purchased property is actually owned by the bank. If the borrower, for various reasons, ceases to deposit funds according to the payment schedule, this is the basis for the enforcement of property.
To do this, the bank initially files a lawsuit. The claims indicate the need for confiscation and sale of collateral. In most cases, the judge makes a positive decision in the lawsuit. In this case, the apartment is recovered by the bank, after which it is sold at auction. This is possible even if for borrowers such housing is the only place to live.
Why register?
A mortgage agreement must be registered with Rosreestr. This protects the bank from potential scammers. If the borrower for various reasons can not cope with the credit load, then on the basis of information from the USR, housing is forcibly recovered.
The bank sells confiscated property at auction. The funds received from this process are used to repay the debt.
What should be done after paying off the mortgage?
As soon as the mortgage loan is fully paid, the burden is removed. For this, the former borrower receives a certificate from the bank about the absence of debt and claims. This document is submitted with a statement to the Federal Register.
Based on such an application, the burden is removed. After this, the citizen becomes the full owner of the property, so he can dispose of it at his discretion.
Conclusion
If any real estate is purchased at the expense of the bank, it is required to register a mortgage loan. The procedure is carried out in Rosreestr, and it is allowed to use electronic registration for this. Based on such a process, the presence of an encumbrance at the facility is recorded in the registry.
The burden is removed only after the full repayment of the mortgage loan. If a citizen does not cope with payments under a loan agreement, then he may lose the purchased object.