Sberbank mortgage agreement

Before we look at the Sberbank mortgage agreement sample 2021 (identical to 2020), I would like to explain what the mortgage agreement consists of and how to draw it up.

Because in this concept the emphasis is on the word “mortgage”, the whole essence of such an agreement depends on it.

Mortgage is a special type of lending in which real estate serves as collateral for the fulfillment of the payer’s obligations. When applying for this loan, a special document is drawn up, which specifies all the conditions for its provision .

In the event of a violation of the terms of the loan agreement by the payer, Sberbank has every right to terminate it unilaterally and begin selling the collateral, thereby ensuring repayment of the debt on the loan body and the interest accrued on it.

Clauses of Appendix No. 7 to the “General Conditions for the Provision, Servicing and Repayment of Housing Loans” that you need to pay attention to.

What is a mortgage agreement

To regulate the relationship between the borrower and the financial organization, which acts as a lender, a debt agreement for the purchase of real estate is formed and signed by both parties. The financial organization is directly involved in developing the mortgage agreement, based on current laws:

federal laws numbered 102 and 122;
civil and housing code.

After signing the mortgage loan agreement by both parties, the document is registered in Rosreestr. In this case, the debt agreement consists of two main sections - with general and individual conditions. The first ones are identical for all borrowers, and the second ones are compiled for each individual client.

Marriage agreement for a mortgage apartment

A difficult stage for spouses during a divorce will be the issue of dividing an apartment purchased with a mortgage loan. It may happen that one of the spouses purchased an apartment with a mortgage before marriage, and while married, paid all the payments independently, and after the divorce, the spouse demanded the division of this property, arguing that it was joint.

The division of the common property of the spouses can be made both during family life and after a divorce, as well as in the event of a creditor’s demand for the division of the common property and recovery of the share of one of them (Clause 1 of Article 38 of the RF IC).

Having drawn up a marriage contract, the spouses can agree to divide the mortgaged apartment and the debts on it voluntarily, or resolve this issue in court. Such housing, by mutual consent of the couple, can be divided into equal parts, or by one of the spouses replacing their share with monetary compensation.

, the interests of minor children (if any) will be taken into account primarily

When dividing the common property of the spouses and determining the shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses (clause 1 of Article 39 of the RF IC). If the shares in the mortgage marriage contract are clearly stated, for example, one of the spouses will be entitled to 70% of the property and the other 30% , then in the event of a divorce the shares will be the same .

In addition, the court takes into account the consent of the creditor when dividing the debt, while most banks do not give such consent . Despite this, the courts most often satisfy the demands of one of the spouses and divide the mortgaged apartment, arguing that the collateral is not removed from the mortgage, and the mortgagee can still exercise the collateral right that belongs to him.

Sources

Valery Viktorovich Kovalev Management of the financial structure of the company; Prospect - M., 1996. - 533 p.
Alexander Ivanovich Travnikov Legal regime of airspace. Air navigation and safety. Monograph; Prospect - M., 2001. - 984 p.
Alexander Anatolyevich Mokhov Russian business law in tests. Tutorial; Prospect - M., 1988. - 453 p.
Alexander Ivanovich Stakhov Administrative control and supervisory proceedings; Mir - Moscow, 1999. - 471 p.
Kirillov A. A. Commentary on the Federal Law of July 20, 2012 No. 125-FZ “On the donation of blood and its components” (item-by-item); Justitsinform - M., 2013. - 527 p.

Sberbank standard mortgage agreement

At the initial stage, the banking company provides the borrower with a standard mortgage agreement. It differs from the actual one in the absence of an exact interest rate and individual borrower parameters. At the same time, the document allows you to familiarize yourself with the general terms of lending. The contract is also assigned an identification number and the place and time of conclusion is indicated.

The documentation provides the following information:

size and duration of the loan;
annual interest rate;
currency in which the loan is provided;
procedure for providing credit funds;
debt repayment schedule and methods of depositing funds;
the procedure for partial or full early repayment of a debt obligation;
scheme for calculating penalties for non-compliance with the terms of the debt obligation;
indication of information about the collateral;
the borrower’s consent to draw up additional agreements and process personal data;
addresses and details of the parties with the seal of the financial organization.

Special attention

In anticipation of receiving a new living space, many people, without hesitation, sign a loan agreement without really going into details. As a result, after some time, due to misunderstanding of certain points, borrowers have some questions. Now we will discuss what things are worth focusing on.

Conditions for imposing penalties and fines in the General Credit Conditions.

Sometimes the borrower has the opportunity to close the contract early. To do this, it is necessary that there is no moratorium on this in the conditions.

Be sure to familiarize yourself with the conditions for imposing penalties and fines. In the interests of the client, it should be stated that if the delay did not arise through the fault of the borrower, then no penalty will be charged.

Insurance also plays an important role. The mortgage agreement must stipulate the borrower's right to refuse to purchase insurance.

Pay attention to borrower insurance under home loan programs.

If you pay attention to these things in time (when reading the contract, at the signing stage), in the future you won’t have to worry about excess costs.

Responsibilities and rights of the parties

A debt agreement for the purchase of real estate is concluded between the borrower and Sberbank. In this case, the borrower will first need to fulfill all the conditions of the banking company. It is also possible for a third party to participate in the agreement – the title co-borrower.

The responsibilities of the banking company include:

Providing the client with borrowed funds in the amount specified in the mortgage agreement;
If the need arises and there is a corresponding clause in the debt agreement, consider the possibility of formalizing the restructuring of the debt obligation;
Issuance of documentation confirming full repayment of the debt;
Accept funds from maternity capital to pay off the debt;
When carrying out any operations with the mortgage, inform the borrower about this.

In this case, the financial organization has the right:

Unilaterally lower the annual interest rate;
If there is no timely payment in accordance with the payment schedule, edit the amount of penalties;
Check the condition of the collateral;
If the borrower confirms the factors that led to the aggravation of the financial situation, arrange a deferment on payments;
If regular non-payments on a debt obligation are recorded, transfer the rights to the mortgage agreement to third parties;
If the borrower fails to fulfill his obligations in good faith, demand that he close the debt obligation early.

For its part, the borrower is obliged:

Conclude an insurance agreement;
Pay accrued interest and the total amount of debt according to the established payment schedule;
Maintain the proper condition of the living space;
If personal data changes, notify the financial institution;
In case of dishonest fulfillment of obligations, make payments for the assigned penalties.

The borrower's rights include:

Possibility of using the restructuring function upon drawing up the corresponding application form and providing the necessary package of documentation;
Upon complete closure of the debt obligation, obtain the residential premises as your own property, that is, remove the encumbrance on the pledge;
If financial difficulties arise, use the service to provide deferred payments;
In controversial situations that could not be resolved directly with the banking company, contact the courts.

Procedure for providing borrowed funds

In this clause of the mortgage agreement, Sberbank indicates how the transfer of borrowed funds will be carried out. They can be transferred in installments or in one payment. It all depends on the wishes of a particular client. You can also select the method of repayment of the loan funds.

The borrower can choose between annuity and differentiated payments. The first method involves a gradual reduction in the amount of the monthly payment, and the second is calculated with a constant amount of the monthly payment for the entire period of validity of the debt obligation.

Loan repayment procedure

After transferring the borrowed funds, the client is obliged to begin repaying the loan from the next month. The payment date is determined by the day the borrowed funds are issued.

If desired, the borrower can make payments with partial or full early repayment. To do this, you will first need to fill out a corresponding application at one of the bank branches. It must be issued no later than one day before the planned date of payment. In this case, you will need to indicate from which account the debit will be made, and also ensure that the required amount is on it.

Important! To partially or fully repay the debt early, the borrower can use maternity capital or other types of government support.

Individual terms of the mortgage agreement

The debt agreement for the purchase of real estate from Sberbank includes individual conditions. They are developed for each individual client. In this case, familiarization is carried out before signing the contract.

Individual conditions include:

annual interest rate;
amount of borrowed funds;
period of validity of the debt agreement;
the amount of the monthly payment reflecting the payment schedule;
loan security.

Why is it needed?

By a mortgage agreement, banks understand an agreement to provide borrowed funds to a client with the condition of using real estate (purchased or existing) as collateral.
Today there are established terms and the standard form of the document itself, although 20 years ago a mortgage was something unusual for Russians. In general, a standard agreement is drawn up by specialists from a specific financial institution. If you plan to borrow money from Sberbank, then it makes sense to study the document drawn up by this particular credit institution. Preliminary study of the contract allows you to:

carefully and without haste to study all the terms of the loan;
determine the legality of certain conditions (comparing them with legal requirements);
Get advice from a loan specialist in advance.

However, the standard contract form does not contain all the information. For example, you will not find information about the established rate and loan size in it. These will already be individual conditions.

Reasons for terminating a mortgage agreement

To terminate a debt agreement, it is sufficient to reach mutual agreement of the parties. In this case, the borrower has the right to terminate the mortgage lending agreement if funds are not transferred on the date established by the agreement.

Also, the contract may be terminated due to the difficult financial situation of the borrower or the borrower’s decision to arrange refinancing with a third-party financial organization.

The most important terms of the mortgage agreement

Before signing a debt agreement with Sberbank for the purchase of real estate, special attention should be paid to the following conditions:

Does the annual interest rate correspond to what was offered at the initial stage of applying to the banking company? Often clients pay attention to the rate increase after concluding a debt agreement;
There are restrictions on collateral residential premises. For example, it is not possible to rent out housing. Accordingly, if you plan to make a profit from this type of activity, you should immediately clarify all the conditions;
When issuing borrowed funds in foreign currency, you should immediately clarify the procedure for increasing or decreasing payments due to changes in the exchange rate;
Are there any additional fees, including for carrying out the operation of making a monthly payment;
Incurring additional financial burdens for using third party services. This aspect includes insurance and appraisal companies, which are not always specified in the debt agreement for the purchase of real estate;
The amount and procedure for applying penalties for non-compliance with the terms of the Sberbank mortgage agreement;
Possibility of making payments for partial or full early repayment of debt without charging commission fees.

What should you pay attention to?

When signing a loan agreement, a bank client should pay close attention to the following parameters of the transaction:

Possibility of full or partial early repayment (existence of additional costs, no penalties);
Penalties included in the agreement, for example, for late payment of funds;
Availability of insurance conditions and additional costs in case of refusal of life and health insurance of the borrower (for some loan products, refusal of insurance entails an increase in the interest rate by 1% point)

Note! Life and health insurance of the borrower, as well as the property, is allowed not only through Sberbank Insurance. It is possible to obtain insurance from other insurance companies officially accredited by the bank (a full list of companies is listed on the bank’s website).

Careful study of the terms of the contract will allow the borrower to avoid additional personal finance expenses.

Rules for preparing a mortgage agreement

Before the debt agreement for the purchase of real estate is drawn up and signed, several stages go through. In this case, it is necessary to take into account the following rules:

The documentation package prepared by the borrower must consist exclusively of originals. To verify authenticity, you can use the help of lawyers or specialized services on the Internet;
The required documentation package is installed by the banking company. In this case, the borrower collects in accordance with current legislation;
All sections and clauses of the debt agreement are developed by specialists of the banking organization;
Before directly signing a debt agreement, you will need to prepare the required package of documentation, including a preliminary purchase and sale agreement.

How to fill out the form correctly

There are no difficulties in forming a preliminary agreement of this type, provided that all the necessary information is included in it.
In particular, it should contain sections such as:

Personal data regarding the parties to the transaction	Each party will be required to indicate: full initials; floor; existing citizenship; date and place of birth; passport details; permanent residence address. If an agreement is drawn up by an authorized representative, you must additionally indicate the number of the power of attorney, the initials of the notary and the numbering of the form itself
What is the essence of the agreements reached?	In this section, it will be necessary to indicate the obligations assigned to each of the parties, in particular, to sign a full-fledged agreement after a certain time based on previously reached agreements. In addition, personal parameters of the real estate itself are indicated, namely: detailed location; number of rooms; occupied area and so on. Please note - the seller must have ownership of the property and confirm this fact with a corresponding extract from the Unified State Register of Real Estate
Display of registration number and date of entry	The owner provides guarantees that other persons cannot claim ownership of a specific housing (for example, under a pledge agreement), and there are no proceedings in the courts regarding it
Price	The final final price must be indicated in the agreement section, which cannot be adjusted in the future
Settlement rules	The parties to the transaction indicate the transfer of personal funds, as well as exactly what share is paid from the mortgage. The following information regarding the creditor must be provided: full name of the financial institution; TIN and checkpoint; current account information; BIC; location address; current postal code. A mandatory condition of Sberbank is that borrowed funds are transferred no earlier than the transfer of ownership has been registered in Rosreestr. From this period, the apartment will be considered collateral on the basis of Article 77 of the Law “On Mortgage”. This regulatory act contains general rules for the use of real estate purchased with a loan. The seller of the object and the buyer have the right to use an individual Sberbank safe to transfer cash for a fee.
Seller's responsibilities	The owner assumes the responsibility to transfer the living space in the condition in which it was at the time of signing the preliminary agreement. Additionally, the period of transfer under the act is determined. You must also indicate whether there are registered residents. It should be remembered that applications to Rosreestr are subject to a fee. The documentation establishes at whose expense the data is entered into the Unified State Register of Real Estate
Warranty and implementation period	The agreement reflects details that will later be included in the actual contract. The document must be signed no later than the date that the seller and buyer indicate in the text. Before this date, the owner must not carry out any compensated transactions with the premises. Including giving it as a gift, renting it out, exchanging it, etc.
Final provisions	It is indicated that the preliminary agreement for the purchase and sale of an apartment using a mortgage applies before the main agreement is drawn up. It is recorded how many copies of the document the parties signed. Usually 2 originals are issued. The document is signed by the seller of the apartment and its buyer.

If false information is found in the contract, the contract is considered invalid. The completed agreement is presented to the parties by Sberbank lawyers.

Interested parties cannot make adjustments to the provisions of the document. The seller and buyer agree on the terms of payment, price and other significant nuances in advance, so drawing up a protocol of disagreements is not practiced.

If the buyer’s owner’s deception is revealed, the contract will be considered invalid. For example, it turns out that several citizens own the premises in shares.

In the described situation, none of the co-owners can act on behalf of everyone without a specially executed power of attorney. A preliminary agreement is not always required.

If citizens have all the documents ready, then citizens can immediately proceed to the actual transaction. But most often, Sberbank employees require the borrower to sign a preliminary agreement.

What documentation is required to draw up a mortgage agreement?

To register a mortgage loan with the financial institution Sberbank, the client will need to prepare the following package of documentation:

passport of a citizen of the Russian Federation;
application form for the provision of borrowed funds;
one of the documents to choose from – a foreign passport, a driver’s license or an individual insurance tax number;
for men under 27 years of age - military ID;
if married - marriage certificate;
a photocopy of the work book certified by the employer;
a certificate of income in form 2-NDFL or, as agreed with the banking company, in another form.

Also, to conclude a mortgage agreement, you will need to provide documentation for the purchased residential premises:

contract of sale;
documentation of the provision of a down payment to the seller;
a report on the condition of the residential premises, completed by an appraisal company;
technical passport for real estate;
extract from the house register and Rosreestr;
document confirming ownership;
certificates of absence of debts for utilities, various encumbrances and arrests.

Requirements for borrowers

Citizens of the Russian Federation who have permanent registration in the country can apply for mortgage lending from the financial institution Sberbank. The client must be in the age group of 21 to 70 years. In this case, the maximum age is calculated at the time of making the last payment on the debt obligation.

The potential borrower must have a total work experience of at least 12 months. You must also have a current job with at least 6 months of work experience.

The income level must correspond to the chosen mortgage lending program. The monthly payment on the debt obligation should not exceed 60% of the total salary. Otherwise, the involvement of co-borrowers or guarantors will be required.

BC highlights

The RF IC clearly defines such a transaction. This is a contract between future or current spouses that determines their property rights. It concerns the rights to property that was purchased before marriage and after its legal conclusion.

Important! The database may define procedures for dividing property in a couple that differ from the norms of law.

Such an agreement, drawn up in writing, must necessarily contain the following details:

Signatures of the parties.
Notary visa.

It is drawn up only after the beginning of family legal relations (according to Article 42 of the Family Code), and it can be signed before and after the wedding. It will not be possible to conclude such an agreement after a divorce or during divorce proceedings for the purpose of dividing obligations. Such a document will not have legal force. But you can sign it before the official divorce, if such a decision is made.

Advantages and disadvantages of BC for mortgages

Pros of imprisonment:

A clear distinction between rights and obligations regarding payment, repayment, and division of property.
The ability to protect your own rights if they are violated in court.
Lending can be carried out even without the consent of the other party.
Simplification of the procedure for dividing real estate during divorce.

Minuses:

Reducing the loan size.
Increase in loan rate.

Both disadvantages apply to a situation where only one of the spouses is the payer. The reason is the lack of co-borrowers and a decrease in total income to repay the loan.

Terms of mortgage lending from Sberbank

In addition to providing the required documentation package and meeting certain criteria, the borrower must take into account the basic conditions for providing a mortgage from Sberbank:

The purchased property must be used exclusively for personal purposes. In this case, the borrower can choose various lending programs that will allow them to purchase residential premises in a new building, on the secondary market or in the private sector. There is also the possibility of purchasing land plots and apartments;
Transfer of borrowed funds is carried out from the moment of registration of the encumbrance in Rosreestr in favor of the banking company;
The borrower will need to make a down payment for the property being purchased. Its size depends on the chosen mortgage lending program;
The purchased property must meet the established criteria of the banking organization. This applies to infrastructure, availability of communications, year of construction. Confirmation of compliance is carried out through a real estate assessment;
The annual interest rate, the maximum mortgage loan amount and the maximum term of the debt agreement are determined on an individual basis. These indicators are influenced by the potential borrower’s credit history, total income, and age.

Preliminary agreement form

When concluding a standard agreement for the purchase and sale of real estate, the parties, on the eve of the transaction, agree on a future document, a template for which they can obtain from a notary or download on the Internet. But if the operation is carried out using borrowed funds, it is necessary to take into account the interests of the lender.

The bank may take into account a document drawn up by a third party, but its text must contain clauses that are mandatory if you plan to buy housing using credit resources. In order not to re-issue papers once again, the financial institution provides the client with a unified form, which must be previously agreed upon with the seller

Such sample agreements for the purchase and sale of an apartment using a Sberbank mortgage can be viewed on the bank’s website. They are prepared taking into account the characteristics of each type of potential collateral:

apartments;
Houses;
shares in an apartment or private house;
rooms;
townhouse;
specific part of a residential building.

There are two types of purchase and sale agreements:

preliminary;
basic.

The requirements for both the first and the second are identical, both begin to apply immediately after signing by the parties. However, a preliminary purchase and sale agreement with Sberbank is more important for a mortgage at the initial stage of the lending process.

Document requirements

To avoid problems with registering rights to real estate, which can ultimately lead to difficulties when pledging property, the bank sets clear requirements for the purchase and sale agreement. Firstly, it is always drawn up in writing, and secondly, it must contain all the main points of the transaction, namely:

details of the parties, full identification of the seller and buyer;
exact parameters of the property that is for sale. We are talking about its area, location, exact address, etc.;
documents that served as the basis for obtaining ownership of real estate;
the final market value of the apartment;
exact calculation scheme. This requirement includes the size of the down payment, the loan amount, the method of transferring money;
deadline for registering real estate to the new owner;
other conditions that arise from the specifics of the transaction.

What is it needed for

Why do you need a preliminary agreement for the purchase and sale of an apartment for a mortgage in Sberbank?

In other words, all the main agreements on which the parties agreed to conduct a transaction in the future are preliminarily recorded. Therefore, in order to correctly describe the calculation scheme, namely the size of the advance payment, the specific loan amount, the amount of social benefits (if the transaction is expected to use one of the forms of state support), and other important points, bank employees take part in the preparation of this document.

Since the preliminary agreement precedes the signing of the main contract, it must indicate a specific period after which the parties are obliged to complete the transaction. Thus, on the basis of this document, Sberbank fixes the future structure of the transaction with the seller and buyer of the apartment.

Mortgage lending programs at Sberbank

The financial organization Sberbank is ready to offer its clients to obtain a mortgage under various programs. This will allow you to select an offer in accordance with your current financial situation and the desired property. Each program has its own maximum loan size and duration of the debt agreement, as well as the annual interest rate.

In 2021, the following mortgage lending programs are available to clients:

For the acquisition of real estate in a new building using government support;
For the purchase of property under construction, including in the private sector;
To purchase residential premises on the secondary market;
Special program for the purchase of housing in a new building from developers;
A specialized program using government support is offered for young families;
To build your own home;
For the purchase of a country house or plot for further construction;
For the purchase of housing by military personnel.

Important! You can contact Sberbank to refinance an existing mortgage loan. This will reduce the financial burden of monthly payments. The reduction is carried out by reducing the interest rate and increasing the duration of the debt agreement.

To clarify all lending conditions for each individual mortgage program, just contact any bank branch for help. You can also study all the offers yourself using the official website of the financial institution.

What does the law say?

The conclusion of a marriage contract when applying for a mortgage is regulated by several legal acts. And before you engage in this legal procedure, you need to familiarize yourself with them.

Family Code of the Russian Federation. Chapter eight is devoted to the prenuptial agreement, and article 40 states that the prenuptial agreement is drawn up to delineate the financial rights and responsibilities of the spouse. In the same code, the ninth chapter deals with the property liability of those getting married.
Federal Law “On Mortgage”. This law is devoted to the rules for registering collateral (mortgage) and the responsibilities of the borrower.