Procedure for registering an apartment in a new building with a mortgage

How does the registration procedure work?

To register ownership rights you will need a number of documents

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Required documents

In order to register ownership rights to property that was taken out on a housing loan, you need to provide the following documentation

:

• identity document of the seller and buyer;
• a statement in the prescribed form from the participating parties;
• payment paper indicating payment of state duty;
• PrEP;
• documents provided by the seller for the property;
• collateral paper;
• cadastral passport for housing;
• certificate from the house register;
• a document stating that there is no debt for utility services;
• consent of the board of trustees, if one of the persons owning the alienated apartment is a person under the age of majority;
• consent of the second spouse, certified by a notary. Necessary when housing is joint property.

Where to contact?

When the documents with the bank are completed, you should contact Rosreestr at your place of residence.

Step-by-step instruction

When registering property rights, you need to follow a certain algorithm of actions.

Step 1

Find out which authority you need to contact to register. All information can be found on the Rosreestr website.

Step 2

Preparation of documents. It is recommended to first consult with the registrar, since the package of documents may differ depending on the situation.

In addition, some documents have a limited validity period, so receiving them ahead of time is not recommended.

Step 3

Payment of the registration fee. The procedure can be carried out at any government agency that accepts payments of this kind, or through terminals.

Step 4

Clarification of the order in which documentation is submitted. In queue by appointment and in electronic queue.

Step 5

Visiting relevant authorities and submitting documents. After accepting the documentation, the responsible employee informs you of the date when registration will be completed. If there is a need to provide additional documentation, it is necessary to deliver it and continue the registration procedure.

Step 6

The final stage is entering data into the state. real estate register

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For new buildings

In a new building, the registration procedure differs in that an agreement for participation in shared construction is concluded, and not a document indicating the act of purchase and sale. That is why this procedure will take place only after construction is completed.

In this case, two options are offered:

• seek the services of a developer;
• register ownership of the apartment yourself.

In the first option, the developer is responsible for submitting documentation to the state register. After the expiration of the registration period, the shareholder can legally become the copyright holder.

The disadvantage of this method is the length of registration, since there are a large number of shareholders, and papers can be submitted in order.

In the second case, when the home buyer independently prepares important documents on his own, he needs to obtain certain documentation from the developer. Namely:

1. those. passport for the object, which is registered in the BTI;
2. a document confirming permission from the city government to put the house into use;
3. deed of transfer, which is signed by GASO;
4. cadastral passport of the object;
5. a document that confirms the assignment of a postal passport and index to the new building.

When applying to the unified state register, you must provide the papers received from the developer and an agreement confirming equity participation.

For secondary housing

The usual package of papers with the pledge agreement is provided to the registry. A record must then be made indicating that ownership has been transferred. Afterwards, the borrower receives the status of owner, with limited right of disposal.

Having repaid the mortgage, the borrower must bring a package of documentation to Rosreestr, which confirms this, as well as an identification document

For military mortgage

Housing becomes the property of the serviceman. Registration of ownership rights occurs according to the standard scheme, followed by registration in the State RosReestr. Upon completion of the process of registering ownership of the property, the seller is awarded the money.

The only difference between a military mortgage is that the housing is secured not only by the bank that issued the mortgage loan, but also by the Ministry of Defense. When the mortgage is fully paid off, the encumbrance will be completely removed. In the event of early dismissal of a serviceman, the debt to the mortgage bank is paid by the state.

What is electronic registration of a real estate transaction and why is it needed?

The electronic service from Sberbank is a set of measures for registering agreements via the Internet when interacting with the DomClick online portal.

This means that in order to register in the Unified State Register of Real Estate a transaction for the purchase of housing using a mortgage or their own funds, the borrower will not have to collect documents and personally visit the Registration Chamber. Sberbank takes care of everything.

The remote real estate registration service includes:

• payment of the state duty for entering data on the completed purchase and sale transaction into the Rosreestr database;
• production of a qualified electronic signature (CES) for the seller and buyer of real estate;
• sending documents electronically for registration in the Unified State Register of Real Estate;
• direct communication with the Registration Chamber before receiving the finished extract;
• support of the procedure at all stages.

When applying for a mortgage loan to purchase an apartment, the borrower will have to repeatedly deal with the need for state registration: when concluding a purchase and sale agreement, signing a mortgage agreement with the bank and drawing up a mortgage on the property being financed. Electronic service allows you to save time, money and effort, which is especially important for buyers from other regions.

Thanks to this approach, the time it takes to complete a transaction at Sberbank is significantly reduced, and the procedure itself is simplified. The borrower only needs to go to the bank once and provide the required package of documents. The manager himself will scan them and send them for registration to the justice authority. The completed extract will be sent to the applicant’s e-mail address.

More details about the service:

With or without trial?

By a court decision, the process of registering property rights may be suspended. Documents may be delayed for 1 month. This is the maximum permissible period, unless otherwise provided by law.

Refusal of registration is possible on the following grounds:

:

1. if the applicant does not have rights to register property;
2. if the documents are fictitious;
3. provided there are no additional certificates or documents;
4. subject to repeated registration of the same immovable property by different persons;
5. subject to judicial seizure of housing;
6. subject to the withdrawal of documents by one of the parties.

Is it possible to temporarily register a mortgaged apartment?

Temporary registration of housing under a mortgage is permitted if the lender has established such a rule. Typically, a credit institution provides a clause in the agreement that specifies such an opportunity for outsiders. The law requires temporary registration to be issued to people who change their place of residence for a period exceeding 90 days. This is stated in Order No. 288 of September 11, 2012. Maximum period of temporary registration

- 5 years. Before the expiration of the registration period, such a citizen cannot be arbitrarily deregistered without a court decision.

Is it possible with a mortgage from Sberbank?

The leader in issuing mortgage loans is Sberbank. This financial institution does not prohibit registering relatives and other persons. Mortgage agreements do not contain such requirements. The borrower can register any individual in his property not only permanently, but also temporarily, and he must notify the bank in writing about the registration of these persons in the apartment.

But if he does not fulfill his loan obligations and stops repaying the debt, Sberbank will demand that all citizens registered in the mortgaged housing, including minor children, be deregistered.

Terms and cost of registration

The legislature sets restrictions on the time of registration of ownership of mortgaged real estate. In the case of providing a complete package of documents, which must be completed correctly, the period is 10 days from the date of issuance of a receipt indicating that the necessary documentation has been received. In megacities, the period can be increased to 15 days. Provided that additional information is needed or controversial issues are discovered, then the period can be extended to 30-45 days.

The cost of registering an apartment as a property depends on each specific situation. Registration of a power of attorney for all registered persons by a notary will cost 1,000 rubles for each document.

The state fee for registering property rights will cost 2,000 rubles.

List of main documents

Since the documents for registering ownership of an apartment with a mortgage depend on where the home was purchased, both possible options should be considered. In the first case, a set of certificates, contracts and papers will be listed when purchasing a secondary car:

• passport of each party involved in the transaction;
• contract of sale;
• an application requesting registration, signed by both interested parties;
• cadastral and technical passport of the building;
• a receipt confirming payment of the state fee;
• a mortgage document confirming the transfer of property as collateral;
• certificate with a list of persons living in the premises;
• certificate of absence of rent debts;
• consent of the guardianship authorities to the transaction if a minor child is registered in the apartment;
• a document with permission to carry out redevelopment, if any;
• Consent from the spouse for the sale, if we are talking about joint ownership.

If we are talking about a new building, you can do without a large number of certificates and consents, since they are irrelevant in this case. But you will need:

• act of acceptance and transfer of an object;
• developer documents.

It is important to emphasize that the employees accepting the application may require additional paperwork to clarify the details they are interested in, so the exact list should be clarified when submitting the application.

Can a mortgage be denied after approval?

Yes, sometimes the bank refuses already in the process of signing documents. Therefore, it is important to understand why the deal did not go through.

Possible reasons for refusal:

• Borrower's credit history. The bank is afraid that the borrower is unreliable - he has arrears on past loans, disputes with collectors or banks.
• Insufficient income to pay the mortgage: The borrower may not have enough balance to live and support the family.
• There are other loans, so a mortgage will increase the financial burden too much.
• Inaccurate information in the loan application. This includes both typographical errors in documents and the provision of deliberately distorted data. In the latter case, failure is guaranteed.

Sometimes banks refuse due to citizenship or age. In any case, after a refusal, you should not give up - you can submit an application to another credit institution. But it’s better to do this after some time, so first solve the problem with the documents, and then re-apply to other banks for a mortgage.

Procedure if the creditor bank ceases to exist

The most difficult process will be the process of re-registration of property and removal of encumbrances in cases where the bank that financed the purchase of the house went bankrupt or lost its license.

The first step in such situations is to visit the official website of the bankrupt institution and familiarize yourself with the information provided to clients. Typically, all the affairs of the disappeared establishment are transferred to a management company, which is responsible for returning deposits and receiving loan payments. The updated details for payment of debt under the contract are also indicated there.

If you are unable to obtain the necessary information, you will have to go to court. Before this, it is recommended to obtain an extract from the register of legal entities with a record of the liquidation of the institution. Having won the case and received the necessary court decision, all that remains is to visit Rosreestr with him and supplement the certificate with a note about the lifting of restrictions.

It is important to emphasize that the current situation cannot be ignored, since automatic lifting of restrictions and return of the deposit is not provided for by law.