Registration of a mortgage in Rosreestr: deadlines, instructions, amount of state duty for individuals, as well as how many days it will take at the MFC, who should write the application and make the payment? YurExpert Online

A mortgage agreement is an agreement for a loan for the purchase of real estate. The peculiarity of such a document is that in this case the collateral is a residential building, apartment or other real estate. Registration of a mortgage agreement with the Registration Chamber is not a mandatory procedure, but it is always initiated by the lender, who insures his risks.

It is important! If you do not register the mortgage agreement with the Federal Registration Service (registration chamber), the borrower will be able to freely dispose of his property, which is pledged.

Why do you need state registration of a transaction when applying for a mortgage loan?

Registration of a mortgage agreement is provided for by the Law “On Mortgage (Pledge of Real Estate)”, Article 20 of the Law, paragraph 2. An entry in the register about an encumbrance in favor of the bank limits the disposal of mortgaged housing .

The borrower cannot sell his apartment or house, pledge it to another bank, or exchange it for other real estate without the consent of the lender. In the event of his sudden death, if his life is not insured, the debt will be transferred to the heir along with the encumbrance.

Another reason for registration is an additional verification of the legal capacity and capacity of the parties to the transaction. Rosreestr checks the age of the borrower and his ability to sign contracts, as well as the real estate itself, which must be free from seizure, pledge and not be the subject of legal disputes.

Features of a mortgage agreement using the example of Sberbank: what requires attention?

In order not to initiate the procedure for recognizing the agreement as valid, you should study the terms of the loan, its features and all the pitfalls. This applies not only to Sberbank or VTB24, but also to other credit institutions. What to pay attention to when concluding a mortgage agreement with Sberbank? Here are the main points:

The object of the mortgage is an apartment or a house. Plot of land or cottage, buildings for economic purposes.
The execution of the agreement and its registration can be concluded at the place of residence of the borrower or at the place of the housing purchased with a mortgage.
Age restrictions are set - from 21 to 55 years.
The lender's income must be sufficient to repay the mortgage body and accrued interest monthly.

Important! After submitting documents for a mortgage, a special commission will evaluate the property. The borrower will have to pay for this procedure.

What documents are needed?

To apply to Rosreestr, you need to collect a fairly large package of documents confirming the fact of the purchase and sale transaction and the issuance of a loan. Before submitting the application and other papers, you will also have to pay a state fee.

The borrower will be required:

copy of the passport;
application from the mortgagee and pledgor;
receipt of payment of state duty;
a mortgage agreement and a loan agreement, the fulfillment of obligations under which is secured by a mortgage;
a report on an independent assessment of a real estate property, if there is a mortgage (you can find out how the market value of real estate is assessed);
mortgage and documents named in the mortgage as attachments;
permission from the guardianship and trusteeship authority, if the subject of the mortgage agreement is the residential premises in which children live;
notarized consent of the spouse for one of the spouses to complete a transaction.

The mortgage agreement is presented in at least two original copies, one of which is returned to the copyright holder after the completion of the procedure. The documents specified in the annex to the contract must also be submitted to Rosreestr .

Applications from the borrower and the bank are submitted in one copy. When submitting documents, you must have copies of all listed documents with you.

Important! Registration of a mortgage is carried out simultaneously with the registration of ownership of the borrower who purchased an apartment or house.

Suspension of the procedure at the request of one of the parties to the transaction is not allowed.

Features of the procedure

Registration of a mortgage is the final stage of purchasing real estate on credit, which represents the inclusion of data about the property being purchased and the conditions for its acquisition in the database of the unified state register. This procedure confirms the transaction at the state level and protects the rights of all parties to the mortgage agreement. By law, this responsibility is assigned to Rosreestr. And the registration of mortgages is carried out by the territorial body of the federal state registration and cadastre service - the registration chamber.

In addition to the agreement with the bank, Rosreestr can register a purchase and sale agreement for property between the seller and the buyer. Thus, the seller reduces its risks by officially placing an encumbrance on the buyer until full payment of the contract price.

However, it should be borne in mind that not all real estate can be included in a single Rosreestr. Such objects include: dachas, land plots that are state property and plots not allocated from public property, premises intended for business activities, isolated rooms. Also, ships and aircraft, as well as real estate that cannot be assessed due to various circumstances, are not registered.

Depending on the type of mortgage, the procedure for registering it differs.

Legally, there are 2 types of mortgages:

By virtue of the contract. The collateral for the loan is the borrower's existing housing. With a contractual mortgage, there is no need to confirm the purpose for which the loan is taken, and the terms of the loan are specified in a separate agreement. This type of mortgage is a certain risk for the bank, since it acquires rights to the collateral property only after the mortgage agreement is registered, which occurs within three months allotted by law. To protect themselves with a negotiated mortgage, banks require the borrower to provide guarantors for the loan and set an increased interest rate for the period of registration of the agreement.
By force of law. The most common type of mortgage. In this case, the borrower takes out a loan from the bank to purchase a home, which is registered as the buyer’s property and at the same time becomes a security deposit for the funds taken. Mandatory conditions are a change in the owner of the property and the provision of a loan for the purchase of housing from the bank's targeted funds, which can be issued to the borrower only upon provision of one of the following documents:

agreement of shared participation in the construction of a house;
contract of sale;
agreement for the assignment of rights to real estate.

For more information about what a mortgage is by force of law and by force of contract, how they differ and how each type of mortgage is registered, read the detailed article on our website.

There are 4 main differences between one type of mortgage and another:

The presence of a bank representative when registering a mortgage is required only when lending by virtue of an agreement;
A mortgage by force of law exempts the bank from paying state duty;
With a legal mortgage, the collateral is the housing purchased with loan funds, and with a contractual mortgage - any real estate of the borrower;
In the legal form, the registration of the mortgage agreement is carried out simultaneously with the registration of the borrower’s ownership of the purchased apartment, and in the contractual form, the purchase and sale agreement is registered first, and then the mortgage agreement.

Filling out an application

The application form for registering a mortgage can be downloaded from the Rosreestr website. The application is submitted in paper or electronic form (if it is signed with an electronic signature).

Main points of the statement:

information about the mortgaged property;
transaction amount and value of secured obligations;
terms of the mortgage and other terms of the contract;
list of attachments to the application.

The application will need to state a request to register a restriction (encumbrance) on the mortgagor’s right in the form of a mortgage.

For example, the wording may sound like this : a request to register the mortgage of an apartment at the address: Novy Arbat, 14, with cadastral number 456660000000, in connection with the conclusion of loan agreement No. 5678 on the basis of purchase and sale agreement No. 234567 and issue a certificate (name and details of the document) on state registration. The application is signed personally by the borrower.

The application form can be obtained not only on the Rosreestr website, but also in paper form in the departments of territorial authorities.

Useful tips

To ensure that the state registration procedure for a mortgage goes quickly and safely, you need to take into account a few tips from experienced lawyers:

Before signing any documents - a purchase and sale agreement, a loan agreement or any other, be sure to read them carefully. If you yourself are afraid of misunderstanding or losing sight of something, then contact a lawyer who will check the documents for correctness and compliance with the interests of all parties to the process.
When buying an apartment with a mortgage, be sure to check its reliability: the encumbrances that are on it, debts for housing and communal services. You can find out about encumbrances in the same registration chamber by ordering an extract for the purchased housing.
Before you start collecting documents for registration, consult with the registrar which documents you need to provide. This will save time and protect you from possible errors in providing documents.

And the most important advice: if you have questions, be sure to consult with professionals. There's no shame in not knowing something. It will be much more unpleasant to make mistakes and then correct them. But the price of an error may be refusal to register the mortgage and recognition of the transaction as void.

Algorithm of actions

In Rosreestr

Collect the necessary package of documents (you can find out what documents the borrower must bring for state registration of the mortgage, as well as what package of papers and certificates are required to obtain bank approval, here).
Fill out the application form and pay the state fee.
Submit documents to the nearest branch of Rosreestr.
Receive a registered contract within 5-14 days. If an application to Rosreestr is submitted by a notary (if the contract is notarized), then the borrower may not take part in the procedure at all - everything will be done independently and in a short time - up to 5 days.

At the MFC

Pay the state fee (you can do it at the terminals on the territory of the MFC).
Submit an application and documents (copies can be made free of charge at the MFC).
Receive a registered agreement within 7-30 days.

If you pre-pay the fee at Rosreestr, and then apply with the documents to the MFC, you will have to pay it again, since the documentation will not be accepted.

The details of Rosreestr can be found on the website of this organization , and the MFC can be asked from the employees of this department, since not every center has its own website.

How to register: 7 steps

The legislation also regulates the procedure for state registration of a mortgage transaction. It involves 7 sequential steps for a person registering his ownership rights to real estate:

Find out which registration authority you need to contact. This can be done at the creditor bank or on the Rosreestr website;
Collect the documents necessary for registering a mortgage. Please note that some documents have a limited validity period, so they must be obtained immediately before submitting to the registration authority. A consultant at the registration chamber will help you collect all the documents you need. He will not only provide a list of documents needed in a particular situation, but will also indicate the validity period of each of them;
Pay the state fee. Without confirmation of payment of the fee, the registration authority will not begin the procedure for registering ownership of real estate;
Sign up at the Registrar's Office to submit documents. This can be done on the State Services website or directly at the registration authority;
At the appointed time, come to the Registration Chamber and submit documents to register the mortgage agreement. The employee who accepts the documents will immediately announce the completion date of registration;
The submitted documents are then examined to determine their authenticity and factors that make registration of ownership impossible. If any are identified, then the person registering the title will be required to provide additional documents, which he is obliged to provide as soon as possible;
If no obstacles are identified, then within the specified period the person is notified that the registration of housing ownership has been completed. If necessary, he can obtain an extract from the unified state register confirming this right.

There are a number of nuances that need to be taken into account.

If an apartment in a new building is purchased with a mortgage in an unfinished building, then the DDU is registered in Rosreestr, and ownership rights can be issued only after the house is put into operation. Typically, in such situations, the developer himself submits documents to Rosreestr, but this can significantly delay the registration process. Therefore, the owner has the right to collect documents and independently start the mortgage registration process.

When registering rights to secondary housing, a pledge or mortgage agreement is also required. Once entered into the register, the property becomes the property of the borrower, but he has limited rights to dispose of it.

And one more important point: the property owner must submit documents in person. If housing is registered in the name of several persons, then all owners must be present when submitting documents. It is allowed to delegate rights to your representative, but he must have a notarized power of attorney.

Duration of the procedure

The answer to the question of how many days it takes to register a mortgage loan in Rosreestr is simple - from 5 to 12 working days, depending on the situation. If the loan was issued for a house with a plot of land, the procedure period will be 14 days. And for commercial real estate mortgages up to 1 month.

However, if documents are submitted through the MFC, then a minimum of 2-3 days can be added to these deadlines , so the total period for state registration will be a maximum of 15 days. The procedure can be suspended for no more than a month if there are compelling reasons, for example, an incomplete list of documents or a non-compliance of the mortgage agreement with the requirements.

Registration of an additional agreement to the mortgage agreement

All changes and additions to the current mortgage agreement are drawn up in the same form as the main document. Registration of an additional agreement to the mortgage agreement is a procedure that is carried out by the Registration Chamber immediately after signing the document (up to 5 working days if we are talking about real estate, 15 working days - if we are talking about land).

Failure to comply with the requirements for state registration entails its recognition as invalid, and therefore such a transaction is considered void.

Video: Questions for a lawyer on problems of mortgages and mortgage agreements

Download:

Sberbank mortgage agreement - Sample.doc

Amount of state duty for individuals and payment procedure

The cost of the fee for registering a transaction between individuals will be 1,000 rubles, and between companies – 4,000 rubles.

If the agreement is concluded by the bank and the borrower - 1000 rubles, of which the receipt of an individual is 500 rubles, and the payment order of a legal entity is 500 rubles.

State fees are the same for both the MFC and Rosreestr. The duty is paid regardless of the number of real estate objects that are the subject of the mortgage agreement.

Who should pay the state fee? It can be paid jointly by the bank and the borrower, but most often these costs fall on the shoulders of the client. You can make the payment at any bank branch or terminal .

Registration procedure

State registration of rights to a property takes place in the following order:

Collection of a complete package of documentation for this operation.
Contacting the state body providing the service - Rosreestr, transferring documentation.
Conducting legal monitoring of the transaction to ensure that all information is filled out correctly.
Checking the legality of the transfer of rights to the object. Note! The exception is notarized transactions.
Entering information into the Unified State Register of Real Estate. Note! The rights of the mortgagee can be evidenced by a mortgage signed by both parties to the mortgage agreement.
Certification of the completed state registration procedure for the transfer of real estate as collateral.

It should be noted! An encumbrance on real estate can be issued not only for the period of validity of the loan agreement with the bank, but also, for example, for the period the buyer fulfills his obligations, i.e. until all funds are transferred when selling real estate in installments.

What are the deadlines for obtaining registration at the place of residence?

Such registration is required only when a person leaves his place of permanent residence for a long time. This could be studying in another city, working, or undergoing long-term medical treatment in another region.

The period during which citizens are allowed not to apply for temporary registration:

90 days for Russians and foreign citizens arriving from countries with a visa-free entry regime.
7 days for foreigners arriving from visa-free countries.

Before the end of this period, the “guest” must register temporarily. For non-compliance with this rule, a fine of 2 thousand rubles is provided (Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation).

How does the procedure take place in Rosreestr?

A mortgage can be registered by force of law on the basis of a joint application by the mortgagor (borrower) and the mortgagee (creditor bank).

For a notarized mortgage agreement, state registration can be carried out upon the application of the notary who certified the agreement.

Note! State registration of a mortgage by force of law occurs in cases of purchasing housing in installments or using credit funds.

After monitoring all submitted documents by the registrar and checking the legality of the transaction (for example, if there are children among the owners of the property, it is additionally necessary to provide written consent from the guardianship authorities), the information is recorded in the register and the information is certified by a signature and seal.

Completing the state registration procedure is proof of the emergence of a mortgage.

Registration refusal

A mortgage is a responsible matter consisting of several stages. Rosreestr has the right to refuse to re-register property if certain circumstances are identified:

The documents are not presented in full. In this case, it is enough to bring the necessary papers and contact the Rosreestr office again.
Some of the submitted documents are incorrect or have expired. When doubts arise, the authority has the right to send requests for verification to other authorities. If there are errors, the papers are reissued taking into account the identified violations.
Problems with paying the fee (incorrect payment amount or errors in the details). When several co-owners appear in a transaction, the amount of the duty is divided among all in equal proportions. When paying the fee by an authorized person, a power of attorney will be required.
Refusal from the previous owner, who changed his mind about selling the property at the re-registration stage. Such options rarely occur, and if signs of fraud are detected, the issue of re-registration of property is referred to the court. The costs of the trial are paid by the party of the defendant accused of fraud.
The seller of the apartment died after signing the contract, without having time to re-register the documents for the property.

Tax deduction when buying an apartment with a mortgage

A mortgage transaction is registered according to the same rules as a regular purchase and sale, with the exception of some documents confirming the fact of the purchase with partial borrowings. In addition, the statements issued to the buyer must establish the fact of an encumbrance that arises automatically after the mortgage is documented.

Mortgage for the purchase of land: registration rules
How to order a real estate appraisal (apartment, house) for a mortgage
Mortgage without income certificates: how to get

How long does it take to process?

How long can a residence permit be valid? The validity period of such registration is determined by the owner of the living space where the guest will live . This is done by mutual agreement. However, the minimum and maximum period for providing registration will depend on the citizenship of the guest, as well as on the type of property in which he will be registered.

For a Russian, the maximum period of temporary registration in a residential area is no more than 5 years. Reason: Civil Code of the Russian Federation, Housing Code of the Russian Federation, Administrative Regulations of the Main Directorate for Migration and Migration, Federal Law No. 5242-1.
For a foreigner, the period for providing a temporary residence permit is from 3 to 12 months, or until the end of the visa period. Reason: Federal Law No. 109, internal regulations of the Main Administration for Migration.

Attention! The certificate of temporary registration is allowed to be renewed. Re-registration takes no longer than 3-7 days.

Refusal of registration

Sometimes situations may arise when the procedure is temporarily suspended.

Possible reasons:

an incomplete package of documents or significant errors were made when preparing them (for example, in information about the client’s identity);
inaccurate data was found in the documentation provided;
there is no additional mandatory documentation (for example, spouse’s consent);
the object was seized;
there are legal proceedings regarding the rights to the property in question;
the registrar has not received data through interdepartmental channels (for example, from the Federal Tax Service of Russia), etc.