A mortgage agreement (pledge of real estate) is not only profitable but also risky. To insure themselves, the mortgagor wants money back guarantees and offers to create a mortgage. What is this document and what is its correct format? You will find this information in the article.
What is a mortgage bond
The whole essence of the mortgage is that it certifies the right of pledge and the one who owns it has the right to receive the property pledged under the mortgage agreement. The mortgage is subject to the regime of securities (registered).
The legislator refers to the mandatory elements of a mortgage on an apartment for a mortgage:
- the presence in the title of the word "mortgage";
- data of the mortgagor (everything that will allow him to be identified);
- the same data on the first pledgee;
- the basis for drawing up the mortgage (where, when and between whom the mortgage agreement was concluded);
- PSO - the full amount of the obligation and interest on it;
- the date of payment of the JI and its procedure;
- a detailed description of the property that is pledged;
- personal signature of the pledgor who made the mortgage;
- a mark on state registration of a mortgage bond;
- the moment of issuing the document to the hands of the first pledgee.
The presence of all these simple conditions makes the mortgage legally significant. No exception to this rule and a sample mortgage on the mortgage of the Savings Bank of Russia, where all items are provided. For example, a mortgage bond (sample) might look like this:
Mortgage mortgage process
Mortgage mortgage secured by real estate before the GR (state registration) is carried out as follows:
- first, the debtor (or pledgor) must write and sign the mortgage on their own;
- further, the parties must ensure that the GR of the mortgage is held (that is, send it to the appropriate authority);
- then, the GR body, having done everything necessary to register the mortgage bond, is simply obliged to immediately provide it to the initial pledgee.
To apply for a mortgage after the GR, you must do the following:
- jointly draw up a statement (composed by the parties);
- the mortgagor independently write a mortgage;
- submit both documents to the GR body;
The next day after filing, the mortgagee will be issued a registered mortgage.
What can be mortgaged
Property that can be pledged must meet the following criteria: - it is subject to the real estate regime;
- it is registered;
- it is prescribed by law.
These requirements apply to the following objects:
- separate plots of land (we are talking about a mortgage secured by a land plot);
- residential buildings (in a mortgage agreement secured by housing), apartments (in a mortgage agreement secured by an apartment), as well as their parts;
- dachas, garden houses (also mortgaged housing);
- buildings not adapted for habitation;
- enterprises, other similar objects;
- court;
- space objects.
It is worth noting a mortgage secured by existing housing, which allows you to take a new home, and mortgage the old one.
- Always make sure that the mortgage has all the requirements of the law, because failure to comply with one of them will lead to very disadvantageous results.
- If you are a pawnbroker, then prepare the mortgage yourself.
- Strictly follow the legal procedure for issuing a mortgage.
- Remember that only property defined by law can be given as security for a mortgage.
Do you want to know what a mortgage on an apartment is and in what cases it is used? In our review, you can read about what a mortgage is, how it needs to be issued, whether there is a sample and what is the role of the bank in its execution.
So let's start with the definition: A mortgage is a security that is secured by a mortgage. This is the document that you must draw up when signing a loan agreement.
It prescribes all the main conditions of the signed agreement, as well as the main parameters of the property that is pledged. The pledge can be:
- residential or commercial real estate (house, apartment, office, building, country house, garage),
- land plot,
- country estate,
- buildings owned by companies.
What else should be indicated in the document:
- Full name of the borrower, if the client is a legal entity, then you need to provide its details;
- The name and place of registration/location of the mortgagor must be recorded in full format;
- Details of the mortgage agreement, date and place of conclusion;
- The amount of credit funds, lending conditions (interest and method of accrual);
- Date of granting the loan and its terms;
- Detailed description of the pledged property;
- The data of the document, which confirms the right of the pledgor to real estate, i.e. document on registration of property rights;
- Inscription of the state registration authority;
- The date the mortgage bond was issued to the original mortgagee.
Please note that different companies have different conditions, for example, Sberbank has its own requirements for the type of document. You can see the standard sample on the pages of our website.
How can I find out the mortgage number? It should be remembered that immediately after its registration with state bodies, the document is assigned an individual number, which must be immediately recognized or viewed in the document in the line “Date, number and place of state registration”.
In addition, the number will be duplicated in the notification that will be sent to the borrower to make his monthly payments.
What is it for? This security is a very important instrument of the mortgage market, which allows the bank to raise additional funds for mortgage lending on the open market.
The fact is that a mortgage, as a rule, is issued for a long period of 10 to 30 years, while the return of the issued rather large amount occurs in insignificant amounts.
In the event that the bank needs additional investments, i.e. he does not have enough own funds to carry out day-to-day operations, he can pledge invoices or sell them to another organization.
For the borrower in this case, nothing terrible happens.- the terms of his contract remain the same, the only thing that can change is the details for payment.
Please note that in this case, the client receives a notification from the new bank, which owns the loan obligations and the pledged property. You cannot forbid the bank to sell or pledge your mortgage, no one asks the borrower's consent (this is enshrined in law).
Where is the bond kept? It is kept by the mortgagee, i.е. in the bank. It is issued to the borrower only if he fully repaid his debt to the bank, according to the terms of the loan agreement, or made all payments ahead of schedule.
According to Russian law, upon full repayment of the debt, the bank is obliged to issue a mortgage to the client with a note that the obligations have been fully fulfilled (with the date indicated). With this document, the borrower must apply to the body that carries out state registration of rights, so that from his property.
In the event that the bank has lost the mortgage, then you have the right to request its duplicate. If the mortgagee refuses to issue you, then you must write a complaint to the Central Bank of Russia.
How to remove the encumbrance from housing:
- you receive documents from the bank confirming the full repayment of the loan and the absence of debt,
- with them you apply to the branch of the Registration Chamber in your city,
- submit documents for verification, write an application. The service is free, but if you want to get a clean certificate without a credit mark, you will need to pay a fee,
- wait until the certificate is made, as a rule - no more than 3 days.
What to do if you want to get a mortgage on real estate, but you have not yet paid off the debt? The only legal way is to arrange refinancing at another bank, when all rights are transferred to another bank, or you need to re-register the agreement to another person.
Making a mortgage loan is a complex legal process, each of the parties in which is trying to protect their interests. A financial institution acting as a creditor is especially worried about the safety of its funds. And this is not surprising: by issuing a large loan for a long period, the bank takes a serious risk. Risks can be reduced only at the expense of real estate pledged. It is for this that a mortgage is issued for an apartment on a mortgage in Sberbank, which is stored in a branch of the company 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 supported by relevant 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 statement. 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 indicated in the mortgage bond without fail. It includes:
- The name of the paper and the date of its compilation.
- Names of the parties with details and contact information.
- Grounds for concluding an agreement and a list of obligations of the pledgor and the pledgee.
- Rosreestr's mark on the state registration of the form.
The authenticity of the document is confirmed by signatures and seals of authorized persons. The absence of any of the items listed above makes the mortgage bond invalid.
Sample Fill
There is no single design standard today. Each bank has its own form, which is used to draw up collateral documents. There is no sample mortgage for an apartment on the Sberbank website, because bank employees are preparing the document. We invite you to take a look at the example below:
How to get a mortgage in 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 an employee of the company who is involved in supporting your transaction.
List of documents
The mortgage must clearly show both the amount of the loan 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 issued for several people);
- technical passport of the mortgaged property;
- original extract from the register;
- reporting documentation indicating the market value of the premises, compiled by an independent expert institution;
- a mortgage agreement concluded between the mortgagor and a 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 necessary in your case, consult with a credit manager.
Registration stages
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. In Sberbank, the registration process is as follows:
- Preparation. The pledger collects the necessary documents and fills in the mortgage form. Usually its form is prepared by bank loan officers. But, if any points cause you questions, you can ask to change the content of the document a little;
- Decor. The mortgage is signed by the borrower and a 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 treaty. 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 conditions of the mortgage agreement.
A mortgage on a mortgage in Sberbank is issued in one copy. During the registration of the transaction, the employees of the cadastral chamber prepare a duplicate for the archive. If the borrower also wants to have a copy of the document on hand, 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 a mortgage
Making 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 payment on the loan. But sometimes the waiting period can increase up to 1 month.
If more than 30 days have passed since the moment you applied to the bank branch, and the mortgage has not been returned to you, you have the right to apply to the court with a claim for the recovery of documents. Or write a complaint to the Central Bank of the Russian Federation with a request to intervene in the conflict and additionally control the situation.
Results
A mortgage on an apartment on a mortgage in Sberbank is issued in accordance with the norms and rules established by federal law (FZ 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. Carefully study the proposed document before signing. If possible, make a copy of it before sending it to Rosreestr.
The nature of human needs is such that their satisfaction often cannot be postponed to a future time, when the available cash will make it possible to make a cherished purchase. The desire to become the owner of this or that object, for example, an apartment or a private house, is justified by the real needs of the current moment, the satisfaction of which depends on the level of satisfaction of a person with life.
The purchase of a home can be made immediately, having at least part of the amount and using one of the loan products of numerous financial institutions, and in this case, the mortgage on the apartment on the mortgage will be a guarantee of the return of funds to the bank.
What is the essence of mortgage
The answer to the question of what a mortgage is, depends on the point of view of the subject of civil relations that arise when obtaining a loan for the purchase of residential real estate.
Guarantee of banking interests
For a financial institution that has 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 a guarantor of the return of funds, which can be done in several ways. Moreover, the reimbursement of funds issued to the borrower can be performed by the bank at any stage of the mortgage life cycle, and the only limitation is the full repayment of the loan or special terms of the contract. Options for the implementation of 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 collateral objects with mutual additional payment.
All of these operations can be performed between various financial institutions, or between a bank and a private individual, by concluding an appropriate agreement between the parties.
Partial sale of collateral
Such an interbank transaction is concluded when a short-term pledgee needs to raise a small amount of cash intended 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 part of the collateral, which may last for a limited time or for the entire duration of the mortgage loan.
For the payer, the debt repayment procedure does not change, since the same bank remains the respondent recipient of monthly installments, so it is not practiced to notify the client of such transactions.
Complete assignment of rights
The way to get the bank your funds in full is sale of mortgage rights to another financial institution. The result of such a transaction is a change in the settlement account to which the payer's funds are transferred under the loan, about which he is notified in the form of a postal item 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.
mortgage exchange
Such an interbank transaction is a kind 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.
In case of long-term non-payment on 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 mortgage holder has the right to sell the collateral, recover his costs, including interest at the time of debt repayment, and return the balance to the client.
Confirmation of property rights
For a borrower who has taken a loan to purchase a home without other guarantees for a financial institution, registering a mortgage with the Regpalat 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 assigns 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 contract are the legal requirements of the new mortgagee to his debtor.
Mortgage registration
A pledge 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 collateral.
The accuracy of the display of the terms of the contract and the details of the homeowner in the mortgage form is a guarantee of compliance with his rights, and incorrectly specified information acquires the force of legal requirements from the financial institution.
Mortgage registration guarantees that any changes to the composition of documents will be unacceptable and the amended form is invalidated.
The structure of the form and its execution in different financial institutions may differ while 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 at the nearest office, includes the following items:
- information about the subject that provided the pledge, including personal and passport data of the individual 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 authority that issued it, as well as the detailed location of the subject;
- a description of the pledged mortgage or other real estate, allowing it to be unambiguously identified and including a description of the location, characteristics and details of the title document, as well as the presence of encumbrances on the part of persons who are not participants in 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 repayment of the debt;
- information about the date of preparation of the document and its number.
You can find out what a mortgage mortgage looks like when contacting 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, as it is regulated by Federal Law No. 102 "On Mortgage" .
Pledge registration
Mortgage agreement, documents for an apartment and a mortgage on it transferred to Rosreestr, when making a sale, to register a real estate transaction and the property rights of the subjects of contracts, including mortgage. The territorial registration authority puts down the necessary marks and assigns a mortgage bond number, which also indicates:
- the name of the body that performed the actions to register the encumbrance of property rights;
- place of registration of the mortgage;
- date of issuance of the mortgage bond in the hands of the representative of the pledgee.
After the registration actions, the pledgor receives in his hands a certificate of ownership with a note on the 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 the Rosreestr on mortgage, as of the beginning of 2106, will cost:
- private person 1 thousand rubles;
- organizations - 4 thousand rubles.
Design features
The mortgage is a document necessary for the bank to exercise its materialized rights, therefore it is issued in a single copy and is not issued to 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 you to judge the legitimacy of the pledgee's claims and the correctness of the duplicate.
When making a relationship with a bank, you should carefully read the mortgage and compare the information indicated with what is reflected in the mortgage agreement.
Loss of mortgage
During interbank manipulations with a mortgage and/or during its storage in a financial institution, the situation is not ruled out 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 to provide a mortgage and issue a duplicate in case of its loss, the borrower arises in the performance of obligations and the need to remove encumbrances. If the financial institution is unwilling to issue documents for the removal of the encumbrance, a written application is written addressed to the head of the bank branch, and if this is not enough, then the issue is subject to settlement in court. Before going to court, it would 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 demand to the pledgor to re-pay the fee for the restoration of the mortgage bond lost through no fault of his own is unreasonable and not subject to satisfaction, and the indication of 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 petition for the removal of the encumbrance, and not the restoration of the document confirming the pledge. In this case, a positive decision of the justice authority will allow you to get rid of restrictions on rights directly, bypassing additional procedures, since the court order is binding on Rosreestr.
A mortgage on an apartment, especially if it is the only property and place of residence, is a very important document, giving its owner certain rights under the laws of Russia, allowing him to dispose of property if the borrower defaults on credit obligations. That is why, you should be careful when drawing up a document and be obligatory 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?
The mortgage borrower should be aware of the additional steps to take to obtain a loan. One of these processes is the registration of collateral, which includes an assessment for a mortgage, registration activities. The specifics of the mortgage must be considered in detail.
Do I need a mortgage when registering (transferring) property rights in a mortgage
When applying for a mortgage loan for housing, the bank must include in the terms of the contract a clause on the pledge of the acquired property. In the case of real estate under construction at the time the parties conclude the contract, a requirement is made: to pledge the property registered to the buyer until the full repayment of the entire loan amount.
Mortgage - a guarantor of debt repayment for the creditor, it certifies the bank's right to receive the borrower's property in case of non-payment of funds. The "forgetfulness" of the borrower regarding the registration of the mortgage will turn out to be one of the adverse consequences for him:
- early recovery of the entire loan amount;
- the bank through the court will force you to fulfill the terms of the contract and reimburse the costs.
How to issue (receive) a mortgage on a mortgage in Sberbank after renting a house or apartment?
After signing the act of acceptance and transfer of housing with the developer, the newcomer will have to bring this and other documents to the bank. There, the credit department staff will prepare the mortgage. When registering the right of ownership in Rosreestr for an apartment, the mortgage will be registered simultaneously.
When obtaining a mortgage loan for housing under construction takes place in Sberbank, the bank asks to provide other property as collateral before the completion of construction. If such a procedure was carried out, then before the pledge of a new apartment, it is imperative to remove the previous encumbrance by obtaining a mortgage from the bank.
In accordance with the Federal Law "On Mortgage (Pledge of Real Estate)", the mortgage after registration is transferred to the mortgagee, that is, the bank. The borrower will see the original mortgage only after the payment of the entire amount of the debt.
The term for issuing a mortgage with a loan repayment mark at Sberbank is approximately from 2 weeks to a month.
Who is the owner of the mortgage?
Owner - the bank in favor of which this security was issued. In case of non-payment of the debt on time, the bank, on the basis of this document, will receive the collateral in its favor.
What actions are legally allowed for a bank with a mortgage:
| Powers of the Bank as Owner of the Mortgage | What does it express | Result |
|---|---|---|
| Partial assignment of rights | If the bank that owns the mortgage needs additional funds, it partially sells the debt to another financial institution. The client of the bank is not informed about this process, he continues to pay money using the same details, the banks carry out the transfer of funds on their own. | During the entire sale period, all mortgage payments are credited to the account of the new lender who bought the mortgage. This lasts until the end of the loan or a certain short period. |
| Mortgage sale | The bank sells its security rights to another bank. In this case, the terms of the loan do not change, the mortgagor who received the mortgage loan is not asked to return anything. He is only informed about the change of account for making payments. | The sale entails changing the account to make monthly payments. |
| Exchange of collateral | The bank changes the mortgage to another offered to it by a financial institution or an individual, paying the difference if necessary. The borrower does not participate in the exchange. |
List of required documents for registration of a mortgage on a mortgage in Sberbank
The list of documents for registering a mortgage includes:
- document confirming the identity of the borrower (passport);
- an act signed with the developer on the transfer of the apartment;
- loan agreement;
- property valuation report;
- receipt of payment of state duty;
- directly a mortgage, a sample (form) of a mortgage at Sberbank can be viewed.
Appraisal of an apartment for registration of a mortgage
The bank rightly requires the borrower to submit a real estate appraisal report before accepting it as collateral.
The evaluation is carried out in the following order:
- the bank's website contains information about accredited appraisers whom the bank trusts.
- The bank client independently applies to the appraiser to determine the market value of housing, concludes an agreement with him for the provision of appraisal services, and provides the expert with all available documents for the apartment.
- The appraiser prepares a report within about a week in accordance with the requirements of the legislation on appraisal activities.
- The client receives the report and brings it to the bank.
The value of real estate indicated in the report directly affects the amount of the loan. So, for example, in Sberbank, the loan amount should not exceed 85% of the cost of the selected apartment.
Registration of a mortgage on a mortgage in the regional chamber
Confirmation of rights to real estate is possible only after state registration. Registration of a mortgage, as well as a loan agreement, is carried out:
- in Rosreestr;
- through multifunctional centers.
The requirements for registration of a mortgage on a mortgage at the MFC are limited by compliance with the law "On Mortgage". Also, employees will definitely check the coincidence with the details of the contract and the presence of a newly built object on the cadastral register. Mortgage registration is subject to state duty, which, according to the approved tariffs of Rosreestr, is:
The registered encumbrance will be entered in the real estate register, from that moment the recipient of the mortgage loan is not entitled to dispose of the mortgaged real estate without the consent of the bank. The mortgage will only expire when the mortgage is paid in full.
Where to get (see) the AHML mortgage number
Clients of the Agency for Housing Mortgage Lending are provided with all the necessary information on the mortgage agreement and collateral:
- in the "personal account" on the official website. Registering on it is no more difficult than on social networks. There is also an opportunity to see the mortgage number, which the borrower does not receive in paper form after registration.
- Office staff upon presentation of a passport.
Sale of mortgages by banks
As noted earlier, the pledgee bank, carrying out its activities, has the right to sell the mortgage, like any other security. The creditor finds the buyer on his own, without involving the debtor to participate. Attempts to return the mortgage to the bank that sold the mortgage through the court will not be successful, the court will refuse on the grounds that the borrower is not a party to the contract. Only the bank has the right to initiate such an appeal to the court.
The client does not need to worry, all the terms of the mortgage agreement will be preserved when changing the mortgagee.
Questions and answers
The bank lost the mortgage on the apartment, what should I do?
You need to contact the bank with a request for a duplicate. The bank is obliged to issue a duplicate to remove the encumbrance.