Re-issue a mortgage for a co-borrower in Sberbank - a detailed algorithm of actions

During the term of the loan agreement concluded for the purpose of purchasing a home, the borrower’s life situation may change significantly. Divorce, marriage, the birth of children, job loss, deteriorating health are the most common reasons that make a person think about whether a mortgage can be reissued to another person. Let's consider this issue in more detail.

How to re-register a mortgage in Sberbank to another person

At Sberbank, re-issuance of a mortgage to another person is carried out in accordance with the norms of the Federal Law of July 16, 1998 No. 102-FZ and the Civil Code of the Russian Federation. The client has the right to transfer the apartment purchased with mortgage funds to another person by re-registering the loan agreement with the bank. In this case, the requirements prescribed at the legislative level must be observed (Chapter 6, Article 37 of the Law and Article 391 of the Civil Code of the Russian Federation).

If the borrower is confident that financial difficulties are temporary, he resorts to refinancing a loan obtained from a third-party bank or debt restructuring. It is worth noting that refinancing rates at Sberbank are quite low, which helps ease the credit burden on the payer.

The service for adjusting contractual terms is paid - 3,000 rubles. The amount is paid before the mortgage loan is reissued.

Requirements for a new borrower

When replacing debtors, the bank imposes rather strict requirements on the new applicant:

an unblemished credit history (the applicant previously had loans, and payments were regularly made during the installment period);
no criminal record;
Russian citizenship and permanent registration in the Russian Federation;
age limit – from 21 to 70 years;
work experience at the current place for at least six months, total - from 1 year or more;
income sufficient to repay the mortgage debt - no more than 40% of earnings should be spent (confirmed by a 2-NDFL certificate);
the presence of guarantors or co-borrowers.

Re-registration as a co-borrower

Typically, one of the spouses acts as a co-borrower when a married couple takes out a mortgage. But this role can also be played by adult children, relatives, friends and other citizens. You can re-issue a mortgage to a co-borrower if the latter agrees. Only he must realize that he fully assumes credit obligations in the long term.

There are no special beneficial programs for such a transition. The procedure takes place under general conditions.

Re-registration from husband to wife and vice versa

In the event of a divorce, it is possible to re-register the mortgage to the husband or wife if the apartment was purchased during the marriage and there is no prenuptial agreement. It is important that both parties agree.

When submitting an application to the bank, the presence of both spouses is required. Sometimes one person buys out the debt of another and registers the property in his own name.

For an adult child

Mortgage debt can be issued to a child if he or she reaches the age of majority. At the same time, he must meet the age requirements of Sberbank. He also needs to have a documented permanent income with a certain length of service.

To another relative or stranger

It is permissible to re-register a mortgage either to a relative or to any other person who is not related to the main borrower. It is important that the applicant meets the borrower’s standards.

Banks agree to this procedure if the borrower:

loses ability to work for any reason, including medical;
moves to live in another place for good reasons;
divorced.

The new client must meet all standard requirements

his income must be the same or greater than that of the previous payer. Read about what salary is enough to get a mortgage loan in this article;

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the former payer, for objective reasons, can no longer fulfill its obligations. In this case, the apartment owner can use other ways to resolve the issue; it is not necessary to give up the property and sell it to another person. If you temporarily cannot pay your mortgage, then you will learn about what can be done from this review.

Typical reasons for refusal to re-register a mortgage to another person

Reasons why a bank may refuse an applicant to transfer debt obligations to another person:

presence of a criminal record and administrative offenses;
damaged credit history;
a large financial burden on the family budget (mortgage payments take more than 50% of total income);
the potential borrower has a bad reputation on social networks (provocative photos, dubious videos, etc.);
failure to provide documents confirming stable income and work activity;
unkempt appearance and inappropriate behavior noted by bank employees during the interview;
low income.

Along with typical reasons for refusal to re-register, there may be others. Bank employees take into account the applicant’s place of work. If the company does not inspire confidence and operates at a loss, then the re-registration of the mortgage loan will be refused. Relatives of the future debtor also come under close scrutiny.

What to do if re-registration is refused

The bank retains the right to refuse the current counterparty to re-issue a housing loan to another person. In this case, the borrower can sell the mortgaged property, subject to the consent of the lender, and pay the amount received to pay off the debt. If consent is not received, all that remains is to continue making payments.

An alternative solution could be a consumer loan, which the potential successor will apply for in another bank. He transfers this money to the account of the apartment owner for early repayment of the loan and cancellation of the encumbrance.

What is subject to division in a divorce?

The Family Code of Russia, as well as the Civil Code, states that everything acquired during marriage is common, that is, it belongs equally to each of the spouses.
Many disputes on this basis arise due to the different income of each family member. Even if only one spouse worked, all property will be divided in half. Items of a personal nature, things that were inherited or purchased before the formalization of family ties are not subject to division. The court must provide compelling (documentary) arguments confirming the right to property of only one spouse.

Debt obligations are also subject to division. If the loan was not repaid before the divorce, the balance will be divided equally among the members of the former family. Many people are mistaken in believing that only the borrower – the spouse in whose name the loan is issued – must pay the mortgage after a divorce. But the husband and wife are equally responsible for repaying the debt to the bank.

Is it worth contacting loan donors?

Credit donors are citizens who are willing to take out a loan for themselves for a fee. This service is relevant for those who, for some reason, cannot take out a loan from a bank.

Scheme of work of credit donors:

The client finds a donor through friends or advertisements.
The two parties draw up and sign an agreement, which indicates the main terms of cooperation.
Then the loan donor takes out a loan from the bank and transfers the money to the client against a receipt (sample below), in return receives a reward (calculated as a percentage of the loan amount).
The client makes payments on the loan throughout the entire installment period. If he stops doing this, the donor can sue him.

A similar principle of action is observed when re-issuing a mortgage to another person. True, there is a high risk of stumbling upon fraudulent donors. In the advertisements, they promise to quickly and easily transfer debt obligations to a stranger for a fee. As a result, the borrower makes an advance payment and ends up deceived.

You may encounter another type of fraud. "Black donors" found a firm specializing in solving mortgage issues. They will re-register housing loans to persons without a fixed place of residence who lead an immoral lifestyle. Criminals are able to easily pass bank checks because such groups include bribed security officers.

Sooner or later, such criminal communities of mortgage brokers come to the attention of law enforcement agencies and criminal cases are opened against them. Moreover, clients can also be held accountable if they take advantage of offers from scammers.

What documents will be needed

To re-register, a new borrower will need to provide the following package of documentation:

Insurance certificate (green card);
Passport details and military ID for those obliged;
Financial - certificate in 2-NDFL format or in bank form;
Documentation confirming the right to own the property - an extract from the Unified State Register of Real Estate;
Expertise and valuation of real estate;
Cadastral documentation;
An extract from the house register confirming rent payments already paid;
Written consent to refinance from the bank;
Customer profile.

Popular reasons for transferring a mortgage to another person

It is allowed to transfer a loan to another person only with the voluntary consent of the creditor organization in which the housing loan was issued. To start the procedure, you must submit an application indicating the reasons for such a step. After assessing them, the bank will make a decision and inform the client about it.

Frequent reasons for re-registration (re-registration) of a mortgage loan:

transfer to a third-party financial and credit organization;
change in marital status;
death of the borrower;
financial difficulties of the borrower.

Transfer to another bank

Banks constantly compete with each other, so they try to attract customers with tempting mortgage lending conditions. A lower interest rate is usually offered. A mortgage borrower does not need the consent of his lender to switch to another bank.

Sequencing:

Concluding an agreement with another financial organization.
Receiving the money.
Paying off a debt from an old bank.

Expert opinion
Irina Bogdanova

Expert in the field of mortgage lending.

Today, Sberbank has the most favorable lending conditions, so it is not advisable to change it.

Change in marital status

During the period of repayment of the mortgage loan, the client’s marital status may change, when the need for an apartment disappears. A frequent case is the divorce of spouses, when the property remains in the use of one, and the mortgage is issued to the other. In this situation, the question of re-registration arises.

It is enough to provide the bank with a divorce document and a certificate of the successor’s solvency. Then you can count on a positive decision from the lender.

conclusions

Divorce does not remove debt obligations to the creditor from one spouse, since according to the law, not only joint property, but also mortgage debt is divided between spouses. To facilitate the division of the loan, it is worth coming to an amicable decision on everyone’s share of payments.

Having a prenuptial agreement will make it easier to divide the property that is mortgaged and still being paid off. It initially contains clauses regarding the possible division of mortgage property, indicating the share of payments of the husband and wife.