Certificate of mortgage debt. Certificate of loan closure: what it looks like

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The history of the client’s relationship with the credit institution begins at the moment of signing the loan agreement. Subsequently, all information about received payments or late payments will be reflected in the person’s credit file.
It is no secret that having a bad credit history will not allow a client to get credit in the future. But as practice shows, in order to have a good reputation, it is not enough to make loan payments on time. Every client should not forget about such an important document as a loan repayment certificate.

Recently, cases of litigation regarding previously issued loan agreements have become more frequent. There can be all sorts of disputes, but as practice shows, most of them could have been avoided if the client had been extra vigilant.

The whole point is that the borrower fully repays the credit institution the amount of the principal debt, as well as the amount of interest, and sleeps peacefully, thinking that he does not owe anything else. In reality, the situation may look different.

If the client owes the bank at least one kopeck, then there will also be a penalty for this amount, and various penalties are possible. As a result, the amount can increase 100 times. And the credit institution will actively work to repay the debt. For the client, this will mean both familiarity with the court and collection firms. In this case, it will be extremely difficult to prove your innocence.

In order to protect yourself from such troubles, you should always take a certificate of no debt on the loan.

So, a loan repayment certificate is a document confirming that the client has fully fulfilled his obligations to the bank, and the credit institution has no claims against him.

Such a document should look like this:

The certificate must be issued on the letterhead of the credit institution;
The document must contain the originating number;
The date when the certificate was issued;
There must be a blue seal of the bank;
Signature of the employee who generated the document;
Signature of the head of the bank branch where the client applied.

If the document does not contain at least one of the above points, the certificate may be considered invalid.

Particular attention should be paid to the content of the certificate. The legislation does not provide for any standard text, so each credit institution can draw up a certificate in any form.

The main thing is to indicate the number of the loan agreement, and information that the loan has been repaid in full and that the bank no longer makes any demands.

It is important to remember that a correctly drawn up document can protect the client from unfounded accusations from the bank.

Where to apply for a loan repayment certificate

You need to get a loan repayment certificate from the financial institution where the client received the loan.

All that is required on the client’s part is to come to the office with a passport and write an application for a certificate of no credit. It is drawn up in any form, but you need to indicate the number of the loan agreement, the date when the loan was repaid, the date the document was drawn up and put a personal signature.

Why do you need to get a certificate of no credit?

A certificate of no credit is a kind of “shield” and can save the client from many troubles. For example, from these:

The client may not even know that he has a small unpaid amount left on the loan. Naturally, with the development of the Internet, you can track account transactions at home or in mobile applications. But everyone knows the fact that the bank does not close accounts instantly. Typically this procedure takes from 10 to 45 days. The program may make some kind of glitch, or a bank employee may make a mistake, as you can see, there can be all sorts of reasons. Therefore, extra insurance never hurts;
Unfortunately, fraud is also possible on the part of bank employees. They already have copies of the documents, and if there are special offers from the financial institution, all that is required is to forge a signature. In this case, the presence of a certificate can protect the client from unreasonable demands, and will also help prove the fact of fraud in court;
An unclosed loan can become a significant obstacle when a client draws up a new loan agreement. Having a document confirming the absence of debt can save both the client’s nerves and time;

In most cases, the loan agreement stipulates that the bank is obliged to issue a certificate immediately after repayment of the loan. But many clients do not pay any attention to this information or do not read the contract at all.

It is important to contact the bank with an application at the time of full repayment of the loan.

As can be seen from the information presented above, such a small but very important document - “Certificate of No Credit”, is a guarantee of peace of mind for the client, and can serve to develop his long-term relationship with the credit institution.

Documentary confirmation of the fact that the borrower has fully fulfilled his obligations to the bank is a loan repayment certificate of the established form. Such a document may be needed in a number of cases, so it is important to obtain a certificate of no debt on the loan after completing the payment of obligations under the loan agreement.

Experts do not advise ignoring the opportunity to obtain a loan closure certificate in order to avoid future misunderstandings related to an already paid loan:

Information in credit bureaus is not updated as quickly. In a situation where you need to apply for a new loan, but the BKI does not yet have a record of repayment of the previous loan, the received certificate will be appropriate;
While paying off the loan and the due interest, the borrower may not have been aware that additional fees would be charged upon repayment. It may happen that the obligation is not paid in full at the last payment. The remaining small debt balance of 20 - 50 rubles will increase due to accrued interest. A significant amount can accumulate over 2-3 years. As a rule, this situation most often arises with early repayment. And if you promptly request from the bank a document on the full fulfillment of loan obligations, such a situation can be prevented.

Procedure for issuing a certificate

Banks issue a certificate of absence of credits and loans in accordance with the documentation rules and requirements for the sample, which contains:

Outgoing number and date of registration in the register of outgoing documents;
Full name of the bank, branch address, contact information;
Signature of the responsible person indicating the position and full name, bank seal;
The text of the document reflects the loan amount and repayment date, as well as a statement of the fact that the lender has no claims against the borrower.

In practice, the end of loan repayment does not entail the automatic issuance of a certificate of the above sample. Banks practice issuing it at the written request of the borrower. Moreover, banks independently determine the conditions for obtaining this document in terms of timing and cost of the service.

The law obliges the financial institution to issue a certificate of loan closure, and the client has the right to apply for the document both on the day of the final payment and after some time has passed. In Art. 408 of the Civil Code of the Russian Federation, this norm is spelled out, but nothing is said about the deadlines. You can order a certificate during a personal visit to the office, leaving a written application, or through the Internet banking service.

The timing of document preparation varies among banks. And not all institutions are ready to issue a certificate on the day of application. On average, banks take 5–14 days to prepare a document. The regulations should be clarified in the specific institution with which the loan agreement was concluded: Promsvyazbank, Sberbank, VTB24 or Russian Standard and other financial institutions.

When ordering a certificate, you should not forget that the service may be paid, and it is better to clarify its price in advance. The cost in different banks varies from 50 to 500 rubles. Some banks like Alfa Bank or Raiffeisenbank practice issuing a loan repayment document free of charge.

Experts advise demanding the issuance of a document without delaying it until later in order to protect yourself from possible misunderstandings in the future. And the cost of obtaining a certificate immediately after closing a loan in some banks can be significantly lower than several months later. And if the bank ignores the borrower’s request and does not submit the required document within a month, then you should contact the Central Bank with a complaint about inaction and violation of the deadline for responding to the appeal. You can also contact the courts by attaching to the claim an application for the issuance of a certificate with a bank note indicating its receipt. The claim should refer to Article 408 of the Civil Code of the Russian Federation.

If the borrower took out a loan on the terms of a mortgage or secured by movable or immovable property, then upon completion of payments on the loan obligation, care should be taken to remove the encumbrance from the property in a timely manner. In order to repay the encumbrance record, Rosreestr, among other documents, will necessarily require a certificate of loan repayment and full fulfillment by the borrower of its obligations to the bank.

Receiving a loan closure certificate will provide an unhindered opportunity to:

Closing a credit account;
Concluding a new loan agreement;
Confirmation of a good credit history (if necessary);
Removing the encumbrance on the property.

The credit account must be closed upon termination of the agreement. An unclosed loan account is considered active and negatively affects the status of your credit history. Therefore, verbal assurances from the manager that the loan is closed and the bank has no complaints against the borrower are not enough. You should require documentary evidence in the form of a standard certificate, and this advice is especially relevant if the loan was repaid ahead of schedule, when it is necessary to carry out the procedure for removing the encumbrance from the property pledged to the bank.

It would not be amiss for the borrower to be advised to study the bank’s policies in advance on thematic forums and websites, read the reviews of clients who have already received and repaid the loan, and also carefully read and delve into the meaning of the documents that require a signature when drawing up an agreement. Meticulousness in the good sense of the word will help save money, time and nerves.

Lawyers dealing with issues of overdue bank debts often describe situations where the same person takes out 7, 10, 20 and even 48 loans from different banks without receiving refusals. Needless to say that in most such situations, banks cannot count on repaying loans without legal proceedings?
To avoid such situations and problem borrowers, a number of financial organizations request from their clients a document called a certificate of no loans. This certificate does not guarantee that the client has never made arrears on loans, but at least gives the bank some guarantee that the income indicated in the questionnaire will be used to repay the debt to this particular bank.

What should a certificate of no loans contain?

In fact, a certificate of no loans is a one-page document that indicates the client’s personal passport data, the amount of the previously taken loan, and there is a record that as of the current date the client does not have any current debt obligations to a specific bank.
The certificate must have a serial number, date of issue, be certified by the signature of an authorized person (the head of the bank) and the seal of the bank.
You can see what a certificate about the client’s lack of loans looks like in the photo at the beginning of the article. The official form for such a certificate is Form No. 10-040, but each bank can issue a certificate on its own form, which may have certain nuances.

It is not possible in all cases to obtain a certificate of missing loans. If the borrower has an open loan from one of the banks, he can receive another certificate: that at the time of its execution he has no overdue debts.

In what other cases may a certificate be required?

Often on forums dedicated to the work of banks, you can see reviews that the money sent to the bank to repay the last payment was, for one reason or another, not deposited into the account on time. As a result, there was a delay, which entailed the accrual of penalties and fines. An unpleasant situation arises: the borrower is convinced that he paid the loan in good faith, while the bank classifies him as a defaulter. The amount of payments on a loan that should have been closed a long time ago is growing, and your credit history is deteriorating. Achieving the truth in such a situation can be difficult.
To avoid the described difficulties, we strongly recommend that on the day the client makes the last payment on the loan, request a certificate stating that he has no loans from the bank. And then, in the event of a controversial situation, any court will recognize the borrower as right, and his credit history will remain positive.

Sometimes, in order to get a new loan, the bank asks the client to provide a certificate confirming the presence or absence of debt. In this way, he is trying to protect himself from borrowers who have an outstanding loan from another bank. Credit institutions should issue such a certificate free of charge, but in reality they often charge a fee for issuing it. How legal it is is in our review.

Some banks use tricks to get additional commission income. For example, they require the client to pay for services that should essentially be free. As Izvestia found out, some credit institutions still charge a fee for issuing certificates of the presence or absence of debt, as well as for documents confirming the fact of loan repayment.

Why might you need a certificate about the presence or absence of debt?

A citizen may need such a document to confirm his financial reliability to the bank. For example, you decide to take out a loan and the bank needs confirmation that you have no outstanding debt with another bank. That is, in essence, the bank is trying to protect itself from clients with “tails”.

« In the absence of a document confirming that the borrower has fulfilled all obligations to the bank, there may be a risk of incomplete repayment of the debt", the Central Bank of the Russian Federation explained to Izvestia.

Why do banks charge fees for urgent inquiries?

Experts believe that everything can be explained by the need to increase commission income at a time when interest income is falling due to lending stagnation.

At the end of the second quarter of 2016, the share of net commission income of banks was about 20% of the sector’s income. And in the same period of 2014, for example, it was at only 13%.
«« The increase in the share of commission income during the crisis is mainly associated with a compression of interest income against the background of an increase in defaults and a reduction in the client base“Explains Alexander Saraev, director of bank ratings at the RAEX rating agency.

Commission for a certificate of the presence or absence of debt, history of the issue

Back in 2013, the Central Bank clarified that the practice of banks charging fees for issuing debt certificates is illegal. However, some credit institutions still charge fees for providing this document. The banks' argument is urgency. The client can receive a certificate for free, but in this case the wait can be up to 1 month.

The next round of the crisis in 2013 forced banks to introduce a fee for issuing a certificate of loan repayment, as well as documents that confirm the presence or absence of debt. Then the regulator made it clear: such practice is illegal. This position was also confirmed by the courts.

Clear explanations were published back in 2011 by the Presidium of the Supreme Arbitration Court of Russia. " The applicant’s argument that the bank’s commission for providing a certificate of debt status and for providing a card statement is legal and does not infringe on the rights of consumers is unfounded“, stated judge Tatyana Resovskaya, confirming the illegality of the credit institution’s actions.

Can a bank charge a fee for urgency?

As Izvestia found out, some banks (we are not talking about regional, but about large players) now charge a commission of 100 to 1000 rubles for a similar certificate. Of course, you can refuse and receive the document for free. But then you will have to wait, which is unacceptable for many borrowers.

Some credit institutions issue a certificate free of charge, but about a month after application. The commission is set for urgency - from three days to a week. And in order to receive a certificate within a few days, you will have to pay.

However, even urgency cannot justify banks. The regulator explained earlier that in judicial practice regarding the issuance of certificates of absence of loan debt under a loan agreement, the court is guided by the need to protect consumer rights.

Providing the consumer with the necessary information under the loan agreement, including the amount of debt to the bank, etc., for a fee, is contrary to Art. 10 of the Law “On Protection of Consumer Rights”. Civil legislation also provides for the obligation of the creditor to issue to the debtor a receipt of full receipt of performance or in the relevant part (Article 408 of the Civil Code of the Russian Federation).

« The issuance of such certificates cannot be qualified as an independent banking service. Therefore, their issuance by the bank on a paid basis is assessed by the courts as a violation of this law. a,” the Central Bank of the Russian Federation explained to the publication.

The legality of the commission for urgency, the opinion of lawyers

People often simply do not understand that they are paying for air, says Dmitry Yanin, Chairman of the Board of the International Confederation of Consumer Societies. To some extent, this can be compared to the commission in a store for issuing a receipt.

« This is certainly a violation of consumer protection legislation, since it is not an independent service. If the loan is closed, the bank is obliged to provide such a certificate completely free of charge. You need to complain to the Bank of Russia and demand an unscheduled inspection of this credit institution so that such a certificate is terminated", advises Dmitry Yanin.

Surcharges for urgency need to be fought at the legislative level, he believes. " The Central Bank should initiate the introduction of a rule according to which requests from bank clients should be processed within a maximum of seven working days“, the chairman of the board of ConfOP is confident.

Banks benefit from the fact that many clients simply do not realize that they can get such a certificate for free. And the additional payment for urgency is the bank’s creativity, emphasizes Svetlana Tarnopolskaya, partner at Cove and Partners.
«« The requirement to pay extra for urgency has no legal basis. This is an idea of the bank until the regulator stops it“,” noted Tarnopolskaya.

The low fee for obtaining such a document also benefits banks. " No one will go to court for 200 rubles“, the lawyer sums up.

Certificate of absence of loan debt– this is a document confirming the absence of debt on an already closed loan. Such certificates are issued only by banks with which you had obligations.

Some banks issue them automatically, immediately or within a couple of days after the debt is closed, but the vast majority of banks, on their own initiative, do not issue such certificates at all. They must be requested!

Legal actions with certificates of absence of loan debt are regulated by Article 408 of the Civil Code of the Russian Federation, which obliges credit institutions to issue such certificates at any request of the borrower and for any time after the closure of loan obligations.

RECOMMENDATION! We advise that it is mandatory, simply mandatory, to request a certificate of no debt on the loan immediately after the loan is completely closed. This will be 100% proof of the fulfillment of your obligations in any debriefing, to any institution and to all third parties.

Why receive

A certificate of no debt on a loan is primarily needed for other credit institutions to get another loan, to prove to them that at the moment you have no debts and no credit load.

And also for carrying out individual real estate transactions to prove that you do not have any encumbrance on the property, etc.

That is a certificate of no debt on a loan is needed to prove to third parties that you do not have this debt.

In Russian reality, it often happens that information from one institution reaches another institution very slowly and with difficulty, and along the way it is also lost. Well, everyone knows our bureaucracy very well?!

It’s the same in banks: banks do not submit information on closed loans on time or at all, and BKIs do not make the necessary notes. So it turns out that the loan is still hanging on you, although you have already repaid it a long time ago.

How can you prove the opposite?

How to get

To obtain a certificate of no debt on a loan, you first need to convey your request to the bank either in the form of an application or orally.

But since words mean nothing in a business society, it is better to submit a written application. It can be written in any form or in the form of the bank, if the bank has a principled position on this.

Be sure to ask the bank employee to mark the acceptance of your application. This will be additional evidence in any dispute about the fact of filing the application.

If the bank refuses to issue you such a certificate, then refer to Article 408 of the Civil Code of the Russian Federation. If this does not help, write a complaint to the Central Bank against this bank.

A certificate of no debt on a loan can be issued either in the form of a bank or in the form of an account statement. That is, there are no strict standards regarding this issue.

But still, most often it is issued in the form of standard form No. 10-040 “Confirmation of the absence of overdue debt on the borrower’s loan.”

ATTENTION! Whatever form the certificate is issued in, it must necessarily contain data on the closed loan, your personal data, bank data, the official’s signature and the bank’s seal. If its content is incorrect, then with such a certificate you can, so to speak, “wipe yourself”!

What it should contain:

date of issue
outgoing number
Borrower's name
Borrower's passport details
bank legal details
loan agreement number
date of conclusion of the loan agreement
current account number
loan amount
maturity date
official signature, transcript
bank seal

Cost of services

It's not surprising, but a certificate of no debt on a loan is not completely free. There are no strict legislative standards regarding this issue - banks, based on their understanding and greed, set their own price and very rarely provide it for free. Although there are such banks, for example, Alfa Bank or Raiffeisenbank.