Last update: 06/18/2021
You can read about how the purchase and sale transaction of an apartment takes place using the link provided. And now we’ll tell you about what remains AFTER THE TRANSACTION. More precisely, about what documents remain in the hands of the Buyer after purchasing an apartment (in the primary and secondary markets), and what documents the Seller must have after the sale of the apartment.
Some people will probably ask – what does this matter ? The main thing is that the transaction has taken place, the transfer of ownership has occurred, and the rights have been registered. What difference does it make what kind of documents are left on hand after the transaction?
And he will be completely wrong. Because it matters. Which?
How to correctly accept an apartment from a Developer - basic rules.
After purchasing an apartment, the buyer needs transaction documents (their list is given below) in order to:
- have confirmation of your rights to real estate, and have a confirmed transaction history in case these rights are challenged;
- have a basis for registration (registration at a new place of residence) and opening a personal account with a management company or HOA for the new owner;
- for re-registration of meters for water, electricity, gas, heating to the new owner of the property;
- to renew contracts with the telephone and/or Internet provider in the purchased apartment;
- to register your new home for tax purposes (otherwise you may face a hefty fine);
- to receive a tax deduction for the purchase of housing (personal income tax refund, more details about it - follow the link).
What about the Seller? Why does he need documents after selling his apartment? After all, he had already said goodbye to her forever!
That's right. But you may still need something. We'll talk about this below.
And by the way, you need to remember that when submitting a package of documents for registration to the MFC or to a branch of Rosreestr, the participant in the transaction receives a receipt with a list of papers accepted from him. According to the same receipt, he will receive them back after registration.
!!! Online order Extracts from the Unified State Register and other SERVICES for purchasing an apartment - HERE.
Rosreestr and registration of an apartment purchase and sale transaction - terms, conditions, state duty, documents.
It is important to know: the MFC does not register rights to real estate; it is an intermediary between the applicant and Rosreestr. MFC does not provide contract drafting services. If your agreement is not subject to mandatory certification by a notary, you can draw it up yourself in simple written form; it comes into force after signing by all parties to the transaction. Use contract templates.
Starting from 2021, submit an application for registration of real estate to any branch of Rosreestr, regardless of the location of the property. But, if the property is located in another cadastral district (another region, territory, republic), documents for the transaction in 2021 must be submitted directly to the Rosreestr office, and not to the MFC. For secondary registration, during which two registration actions occur - transfer of ownership from the former copyright holder and registration of the right to the new owner. for the initial registration of the right - one registration action, registration of the right to the first owner for registration of real estate in a simplified manner - simultaneous cadastral registration and registration of ownership (private houses, cottages, land plots) to the first owner Let's look at it in more detail: Documents for the MFC for registration property rights that you need to take with you: First, original identification documents are needed in all situations: a valid passport of a citizen of the Russian Federation - for participants in the transaction over 14 years of age, proxies, guardians and legal representatives of minors. Birth certificate - for parties to the transaction under 14 years of age and its copy; a valid passport of a foreign citizen, a notarized translation and its copy; Other documents that serve as proof of identity. (A driver’s license is not one!) Documents for registering the right to a “secondary” “secondary” » - real estate objects, the ownership rights to which were previously registered in Rosreestr) Second - the documents that form the basis for registration of ownership: Sales contract and transfer deed (deed of acceptance of transfer) in more detail: Deed of acceptance of transfer of an apartment sample or donation agreement, or allocation of shares, or exchange, etc. according to the number of all participants in the transaction, including minors, plus one copy for the Rosreestr archive. If the transaction was certified by a notary, he makes a copy of the agreement for Rosreestr. Court decision (if there was a trial) and a copy certified by the court Receipt for payment of the state duty and its copy (2000.0 rubles for 2021, paid by all acquirers of the right in equal shares, it is important to pay it correctly, more details). To pay state fees, ATMs are installed at the MFC. - documents for alienated real estate: Certificate of state registration of rights (if any, it was not always issued at the BTI) title documents - purchase and sale agreement, act of acceptance and transfer, exchange, donation, privatization. They are listed in the Certificate in the top line as the documents that form the basis of the Power of Attorney, if the authorized person and its copy are in effect. Spouse's consent to the sale and a copy thereof. The spouse's consent to the purchase and a copy thereof are not always necessary. A document confirming the authority of the guardian and a copy thereof A certificate of absence of registered persons, if the apartment was previously privatized and a copy thereof The data of the purchase and sale agreement, gift, exchange must correspond to the data in the Unified State Register of Real Estate. Before submitting documents, get a fresh extract from the Unified State Register of Real Estate (USRRP) and check all the characteristics of the property. Why do this? The point is that now, within the framework of electronic document flow between departments, changes can be made to the Unified State Register (USR) and thus disagreements arise between the register and the documents that you currently have in your hands. If, based on old documents, you allow discrepancies between the data of your purchase and sale agreement and the Unified State Register of Real Estate, the registrar will suspend the transaction and ask you to make changes to the agreement. It takes time. An extract from the Unified State Register can be easily ordered through the partner service of Rosreestr. This way you will ensure a safe transaction. Permission to sell from the Guardianship and Trusteeship Authority, if the alienated property belongs to a minor or incapacitated person and its copy. Confirmation of the notification of the sale of other participants in shared ownership and neighbors in a communal apartment, if they are not involved in the transaction. Marriage certificate, if real estate is purchased as a common joint property or real estate registered as a common joint property is alienated and its copy Loan agreement and mortgage and copies thereof for a mortgage transaction Certificates for the provision of state and municipal subsidies (MSK and others) and their copies Cadastral You don’t need to provide a passport - the registrar has all the information about your property. There is no need to provide a cadastral passport, since the registrar takes information about the property from the State Real Estate Cadastre. BTI documents for Rosreestr To register ownership of a previously (before 01/31/1998) privatized, purchased, acquired as a result of exchange or inheritance of an apartment (house), Rosreestr may require a certificate of ownership from the BTI. Electronic document flow is now being established between these different departments, but this has not happened in all regions. A technical passport is not currently used for registering rights; it does not need to be ordered from the BTI. Documents for MFC for registration of property rights. Receipt (inventory) for acceptance of documents A receipt for acceptance of documents will be given to you by the specialist who accepted them from you. Read it carefully and check that all documents are listed in it. The receipt of documents is important, save it. It indicates the registration period. Specify the place of issue of documents. Attention! The MFC is an intermediary between the applicant and Rosreestr. The only registrar of real estate and rights to it is Rosreestr. The law stipulates 2 days for sending your application and package of documents to Rosreestr. Now you can submit documents to Rosreestr regardless of the location of the property. BUT! If your property is located in another cadastral district, documents must be submitted directly to the Rosreest office, and not to the MFC.
We also additionally inform you that the MFC has been accepting individuals and legal entities since 2021, and as for the bodies of the Ministry of Internal Affairs, the Federal Tax Service, etc., the work will be carried out electronically.
Fraud in real estate transactions based on copies of documents. Part 1.
Fraudulent actions are most often found in real estate transactions that are aimed at alienating real estate or at least temporarily taking possession of it:
-donation;
-purchase and sale;
-mortgage;
-rent.
Fraudulent actions during a gift transaction are most often used by so-called black realtors, when the donor of the transaction is a person who, although capable of understanding the meaning of his actions, but for certain reasons misunderstands what is happening. This category of donors usually includes socially vulnerable citizens - elderly pensioners, single people, people suffering from alcoholism and drug addiction.
In real estate purchase and sale transactions, fraudulent actions are used much less frequently, since such a transaction is more controlled and regulated by the state in terms of, for example, compliance with mandatory conditions when it is completed, in terms of taxation. But still, fraudulent actions are not uncommon here, and mostly during the preparation and execution of transaction documents.
Leasing an apartment as collateral, that is, a mortgage as an independent transaction - not related to the purchase of such an apartment under a loan agreement - is not as common as the above transactions. But often such a mortgage is due to the fact that a person takes loans not from a credit institution (bank), but, for example, from a microfinance organization or from a private individual.
By the way, quite recently, on August 2, 2019, Federal Law No. 271-FZ dated August 2, 2019 “On Amendments to Certain Legislative Acts of the Russian Federation”
, which establishes a ban on issuing loans to individuals for purposes not related to business activities, the borrower’s obligations under which are secured by collateral, including residential premises. These changes came into force in November 2021.
For convenience of presentation in this publication, we will understand the alienation of real estate as all of the above transactions with residential/non-residential properties, as well as land plots.
Now let's look at everything in more detail - what are the main options for fraudulent actions with real estate objects, as well as the main risks of owners.
Alienation by copy of passport
Fraudsters have always tried to obtain passport data, which contains information about the owner. Today, thanks to new technologies, criminals who have the data of the passport owner can cause material damage to any owner of a property that the scammers pay attention to.
Many lawyers argue that fraud with a copy of a passport is widespread not only in Russia, but also in other CIS countries, so you should be vigilant and keep your data to yourself. Let's look at how widespread any passport scam is.
In principle, a fraudster does not need to have an original passport to commit certain fraudulent actions; it is enough to have only a photocopy, which is not a difficult task to obtain. There are many ways to do this, among them even such as collusion with companies that provide photocopying services is common. When contacting such a company to make a photocopy, there is always a chance of leaving your data to scammers. Large companies with their own databases also have copies of passports: banks, mobile operators, debt collectors, etc. Information leakage is possible even in those companies that enjoy the trust of their customers. And, although the current legislation provides for the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”
, there are companies that allow themselves to sell passport data to third parties, and it is quite difficult to prove the fact of sale of such information.
Fraudsters can use the information received immediately, or they can wait for some time. If the circumstances are favorable for the fraudster, then he can receive a legal duplicate of the document, which in the future will allow him to carry out fraudulent actions and re-register the property.
However, a simple photocopy of a passport acquires minimal legal force only after it is certified by a notary. In those organizations where a copy of a document is not accepted at all, a notarized copy of the passport can be accepted. In practice, there have been cases when fraudsters managed to make an authentic document using a notarized photocopy.
The most common scheme for such fraud with documents on the ownership of a real estate property, according to the Ministry of Internal Affairs, is the sale of rented apartments using forged documents. Fraudulent tenants ask owners for copies of passports and title documents, and then make fake ones and use them to sell their living space.
At the moment, such a criminal scheme is not relevant. Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” came into force
, which does not contain provisions that in order to alienate a property, it is necessary to submit title and title documents in their originals. Moreover, certificates of state registration of rights as legal documents have been canceled and have not been issued since the entry into force of the above Law.
Reference.
A document of title is a document establishing the existence, origin, transfer, termination of a right or restriction of a right and encumbrance of a property. That is, such documents may include, for example, a certificate of inheritance, any agreement on the basis of which this property was acquired, a certificate from the cooperative about full payment of a share in the cooperative, and other documents or agreements that indicate the emergence of a right.
A title document is a document confirming the existence, origin, transfer, termination of a right or restriction of a right and encumbrance of a property. In accordance with the legislation currently in force, such a document only includes an extract from the state real estate register.
Now, according to current legislation, it is permissible to come to register a transaction for the disposal of a property only with documents for such alienation, for example, a purchase and sale agreement, gift, mortgage, etc., without any title or title documents. The only point that is controlled at the stage of accepting documents for registration at the MFC is the powers of the copyright holder of the property, that is, if the owner does not act in the transaction independently, then this is only possible with a notarized power of attorney.
In this case, there are two options for fraud - forging a power of attorney, which now makes no sense at all, because there is a register of valid powers of attorney issued by notaries (and previously this was also checked at the stage of real estate registration), by looking into which you can clearly establish a fake. The second option is either to forge the owner’s passport, which is practically impossible, or to enter into a transaction using the real passport of the owner of the property. Here, too, options are possible - either replace the owner’s photo, which is practically impossible, or hope that the MFC document acceptance employee does not identify the photo in the owner’s passport with a person acting on his behalf, or the latter is really very similar to the owner. But here, too, you need to keep in mind this point - whether the owner of the passport declared it lost. Or whether the owner of the property wrote a statement about the impossibility of completing a transaction with the property he owns without his personal participation. This is possible thanks to the corresponding changes in legislation (Article 36 of the Federal Law of July 13, 2015 No. 218-FZ
). Rosreestr repeatedly reminds us of this, and such a statement is becoming increasingly popular. Thanks to such a statement, no one will be able to submit documents to register any transaction regarding your property.
Based on materials (“Electronic magazine “Housing Law”, 2019)
PS To be continued...
