There are many reasons for selling: a divorce, when ex-spouses want to get their share and buy a separate home with it, and the inability to pay a loan: everyone can indicate their own numerous reasons. An apartment taken out with a mortgage from Sberbank is collateral, and it can be sold subject to several conditions.

For some reason, some debtors confidently think that the sale of a mortgaged apartment is impossible: after all, restrictions are imposed on any transactions by the bank. But this condition can be circumvented by legal means.

Sale of a mortgaged apartment with the permission of the bank. If an apartment is purchased with a mortgage, it will be owned by the bank until full payment of the loan is made. You need to contact Sberbank specialists and find out under what conditions the bank will allow the sale of an apartment.

The employee must indicate the reason for the sale, and if she seems respectful to him, then you can get permission if the loan agreement does not contain restrictions on early settlement with the bank. Sometimes Sberbank does not limit the possibility of early repayment, and if this is the case, then negotiations can be negotiated.

And Sberbank will most likely make such a decision, since it needs the loan funds issued. But there is some caveat here: you will have to pay interest for long-term loan repayment. Thus, the buyer pays off the debt to the bank with his money, and the bank, in turn, removes the encumbrance in the form of collateral.

There is one more important condition: the bank will have to ask the parties to the transaction to conclude a preliminary agreement for the purchase and sale of the apartment, so the financial institution will be confident in concluding the final transaction.

You can find a buyer yourself after receiving permission, the buyer pays the amount outstanding on the mortgage.

If you entrust such a transaction to a bank, then you don’t have to worry about the risks: the bank itself will handle the re-registration of documents for the buyer.

This is all good and understandable, but is there ways to sell property without bank permission?

If the bank does not agree with the sale of the mortgaged apartment, then we can talk about its sale only when the bank removes the encumbrance placed on the apartment.

This is possible only after repaying the debt to the bank; this can be done in different ways:

1. Draw up another loan agreement. But this option is only available to those who have the funds to repay another loan. But the banks agree and issue a consumer loan without collateral. With these funds, the debt is paid off, the encumbrance is removed, and the purchase and sale of the apartment can be completed.
2. Find a potential buyer for a mortgaged apartment. In this case, he gives you the funds against a receipt for settlement with the bank. But this option is risky for the buyer, and usually such a transaction takes place between very close people. But sometimes, after receiving funds to pay the debt, the seller may refuse to conclude a transaction, because his obligation to sell the apartment is not recorded anywhere.

Ways to sell an apartment without permission

This transaction does not involve the participation of a credit institution in the purchase and sale of an apartment. But here it is important to find an interested buyer and persuade him to certain terms of the transaction.

To do this you need:

1. Contact a bank branch, where the mortgage was issued, find out about the amount of debt on the loan. You can ask for documentary evidence of the amount owed; it may be useful for completing the sale; the buyer will know the exact amount.
2. Conclude a preliminary agreement between the parties, have it certified by a notary office.
3. Agree to receive the funds needed to repay the loan from the future buyer. You can use a safe deposit box for this purpose, it will be safer for both the seller and the buyer.
4. Then you need to pay off the debt; the buyer of the mortgaged apartment can do this himself, payment documents will be issued for him, they will serve as evidence of participation in the repayment of loan funds.
5. After these steps, the bank formalizes the removal of the encumbrance on the apartment, issues to the payer a certificate confirming the repayment of all debts on the mortgage loan and the removal of encumbrances in connection with this.
6. These documents must be used to register the transaction and the lifting of restrictions on transactions. After all, only registration makes the contract legally valid.
7. Having received a registered agreement on debt payment, come with all the documents to the notary office to draw up a purchase and sale agreement, which is also registered and is the basis for obtaining a certificate of ownership.

You can arrange a sale of mortgage debt with an interested party, otherwise such a transaction is called transfer of debt to another person.

In this case, the buyer renews the loan agreement in his name, pays the previous owner the money that was used to repay the loan, and becomes the new owner of the mortgage loan. That is, in this case, it is not the apartment itself that is pledged by the bank that is sold, but the remaining debt on the loan.

Such a deal is quite possible but provided that the new borrower meets the bank’s requirements, he will have to prepare the same documents as when applying for a loan for himself, confirm his solvency by bringing a certificate of income. In addition, he may not receive the same terms on the loan as the first borrower; banks often set higher loan rates.

Mortgage loan for taking out a new mortgage loan. Yes, and there is such an opportunity when purchasing a mortgaged apartment from Sberbank. You can also arrange a credit relationship with another financial institution, and in this case the debt is refinanced. But this scheme is not popular due to its complexity and long term.

If a bank client wants to improve his living conditions, he can sell the mortgaged apartment and take out a loan to pay for new housing. In most cases, the bank approves such a loan.

Required documents

Since the apartment is under a mortgage, the following documents are required when purchasing:

• An extract from the register of legal entities on the removal of the encumbrance, the basis for the entry is a certificate from the bank.
• Bank loan agreement.
• Certificate of registration of the loan agreement.
• Passports of the parties.
• Extract from the Unified State Register of Real Estate;
• Technical documentation for the apartment;
• A certificate from the HOA or housing office confirming the absence of utility debt;
• Permission from the guardianship authorities, if the owner is a minor child, the housing was purchased for capital;
• An extract from the house register showing a complete list of persons registered in the property;
• Estimated cost of the apartment. An expert analysis regarding the assessment of housing should be carried out by a company licensed to issue documents of this format.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

Sale of an apartment purchased with a military mortgage

The sale of collateral by a participant in the savings-mortgage system using military mortgage funds is carried out according to the following principle:

1. The serviceman is obliged to notify the authorized employees of Rosvoenipoteka of his intention to remove the encumbrance from the collateral real estate.
2. After this, you must re-apply for participation in the mortgage lending program. This requirement is related to preventing loss of the right to purchase housing for career military personnel with state support.
3. Sberbank calculates the loan and determines the balance of the debt. After this, the user receives information about the amount of funds required to repay the loan.
4. After paying the debt obligations, the military man receives a certificate confirming the removal of the encumbrance and a certificate of ownership.

In this situation, the funds allocated by the state are returned to the budget to the account of the participant in the military mortgage program. They can be reused to purchase real estate.

Also, for military personnel, assignment of rights to living space (assignment) is allowed. This option will be the fastest and most effective, since it does not require the removal of the encumbrance from the apartment. The debt obligations under the loan will be transferred to a third party, which can be either another participant in the military mortgage program or civilians.

Selling an apartment for maternity capital

If an apartment was purchased with the participation of Sberbank using maternity capital funds, it will be more difficult to sell it in the future. The legislator establishes that maternity capital is intended primarily to meet the needs of children, therefore parents will spend the subsidy strictly in accordance with existing requirements.

To sell an apartment purchased with capital, you need to obtain prior consent from Sberbank and the guardianship authorities. If at least one structure does not approve the transaction, it will be impossible to sell the property. In this situation, the sale can be processed in two ways:

1. The buyer is responsible for paying the remaining balance of the mortgage loan.
2. Under the terms of the purchase and sale agreement, the buyer repays the remaining balance on the loan.

After the sale of the apartment, the owner of maternity capital has the right to purchase new housing using government support funds. However, it must be remembered that the apartment must meet the requirements of the state, the transaction does not violate the rights and interests of minors, and does not worsen existing living conditions.

The key condition for completing a transaction is the consent of the guardianship and trusteeship authorities. If there is no permission, adverse consequences may occur for the parties to the transaction. Thus, upon reaching the age of majority, a child has the right to challenge the transaction and recognize it as void. For direct violators of valid legal norms, substantial penalties and administrative liability are provided.

What are the risks of purchasing a mortgaged apartment?

Let's talk about the risks that a buyer of a mortgaged apartment may face:

1. The buyer bears a greater degree of risk if he agrees to the offer of the seller of a mortgage apartment to pay the amount not sufficient to repay the debt. Let's assume he did so. What happens in the end? There is no debt, the bank issues a document confirming the absence of obligations to the bank. And the seller can make any real estate transactions, because the deposit has been removed. The money has been received, the loan has been repaid, but for some reason the seller refuses to complete the purchase and sale transaction. Well, how can the buyer get his money back after this?
2. After repaying debt obligations to the bank for the debtor, the buyer must register the removal of the encumbrance issued by the bank, and this requires additional funds.
3. The following situation may arise: for example, a buyer rents a safe deposit box and deposits money into it under certain conditions. That is, the difference that the seller of the mortgaged apartment should receive. This condition is usually the condition of registering ownership of another person. But registration of a transaction is sometimes refused, and access to the money is denied to the seller. But there is also a benefit for the buyer: he can easily return his money without any problems. But if a bank takes part in such a transaction, then the risks are minimized: it itself sends documents on re-registration to the new owner.

What risk does the seller have?

Recently, the bankruptcy of banking structures has become a regular occurrence, and if the sale must be carried out through it, then the borrower quite naturally will not receive his money if the bank goes bankrupt.

The concept of “mortgage” has been around for a long time, and everyone knows its meaning. The cost of housing is constantly growing, so a mortgage is one of the most reasonable ways to solve the housing problem. However, situations arise when a mortgaged apartment needs to be sold. How to sell an apartment with a Sberbank mortgage? What are the risks for buyers and sellers of such housing?

Reasons for selling mortgaged housing

Mortgage real estate can be sold for the following reasons:

1. Owners of a mortgaged apartment can no longer pay for it for various reasons, for example, as a result of losing their job.
2. There was a chance to purchase real estate on better terms. Thus, a mortgaged apartment becomes unnecessary.
3. Family circumstances, for example, divorce, marriage, receiving other real estate by inheritance or gift, etc.

How do banks react to such transactions?

When a home loan borrower becomes unable to pay, in most cases the only reasonable solution is to sell the mortgaged apartment and buy a smaller one. To carry out a transaction of this type, you must first obtain permission from the bank where the home loan was issued. As a rule, the bank is interested in timely repayment of the mortgage and avoiding delays. Therefore, the bank usually assists in the sale of mortgaged real estate in order to prevent possible debt.

Features of selling mortgage real estate

Realtors have long known that mortgage real estate transactions account for more than 50% of all transactions. To conduct a transaction, you must obtain permission from a credit institution, in our case, Sberbank of Russia. In this case, the bank will have to reimburse in full the costs it incurred as a result of issuing loan funds to the borrower, and partially lost profits.

Selling methods

How to sell an apartment with a Sberbank mortgage? There are 3 ways to complete a transaction:

1. Repayment of a housing loan. The method is suitable only in situations where the terms of the mortgage loan provide for the possibility of early repayment. The mortgage will be repaid from the funds of the buyer of the apartment; for this purpose, the seller must conclude a preliminary agreement with him and have it certified by a notary. After this, the buyer, seller and bank enter into an agreement to pay off the mortgage and remove the encumbrance. You can sell an apartment only after registering the removal of the encumbrance with Rosreestr.
2. Sale of mortgage. The mortgaged property can be transferred to a third party under a new loan agreement with Sberbank. To do this, as in the previous case, the buyer and seller first conclude and register a preliminary agreement with each other, and then with the bank - a tripartite agreement on changing the borrower. After this, a purchase and sale agreement is drawn up and registered with Rosreestr.
3. Re-issuance of a loan. The method is suitable in cases where it is possible to convert the mortgage into a regular consumer loan. To begin with, the seller reissues the loan, and then receives consent from Sberbank to sell the home. After this, you can begin to draw up a purchase and sale agreement.

What documents will be needed?

The sale of an apartment with a mortgage involves the collection of:

• title papers,
• copies of owners' passports,
• BTI passports,
• extracts from the house register,
• copies of the real estate personal account.

In addition, permission from the guardianship authorities may be required if one of the owners is a minor. You will also need an extract from the Unified State Register indicating the current state of encumbrances and all owners.

The Bank has the right to additionally request:

• copy of driver's license,
• military ID,
• a certificate from a tuberculosis clinic (if there are elderly owners).

Sales procedure

The procedure for selling an apartment that is mortgaged by Sberbank consists of the following stages:

1. The buyer of the apartment makes an advance payment to the seller for it.
2. The seller provides the bank with an agreed package of documents.
3. The seller invites specialists from the appraisal office to draw up a full report on the apartment.
4. Preparation of preliminary and main agreements, coordination of the procedure for selling a mortgaged apartment with Sberbank.
5. Signing agreements.
6. Registration of mortgage for an apartment in the bank, removal of encumbrance, state registration of the contract and property rights.
7. Receiving a certificate of registration of rights, conducting mutual settlements between the buyer and seller.

Selling an apartment with a Sberbank mortgage is a rather long procedure, especially when it comes to early repayment of a housing loan. Sberbank does not consider dubious schemes, so it mainly offers to act according to the algorithms it has developed. Thus, the sales procedure will be individual in each specific case. It is important to note that Sberbank is reluctant to reissue a mortgage in any way.

How to sell an apartment with a Sberbank mortgage with maternity capital?

If the home loan was taken out against maternity capital, the transaction will look somewhat more complicated. The child for whom funds have been allocated from the state budget must be 3 years old. Only in this case can you sell your home in order to buy a new one with the proceeds. This can be either other, including mortgage, real estate in new buildings, or on the secondary market.

The seller must obtain written permission from Sberbank to sell the home. This document specifies the terms of the transaction (for example, payment of a commission). After this, you can begin to pay off the current debt and submit documentation to Rosreestr to clear the record of the existence of an encumbrance and at the same time to re-register ownership. In addition, the apartment can be sold if there is an encumbrance, and the loan is repaid after state registration of the agreement. Then you can begin to remove the collateral.
If the apartment has been owned for less than 3 years

The procedure for selling an apartment that has been owned for less than 3 years is no different from the above algorithm. The only difference is that the seller needs to pay income tax. But if you purchase new housing of greater value, you can get a tax deduction and return 13%. If a new apartment of lesser value is purchased, no deduction is paid.

Selling an apartment during a divorce

Recently, an increasing number of married couples are deciding to divorce. In this case, the former spouses must divide the property acquired during the marriage, but also joint debt obligations. How to sell an apartment with a Sberbank mortgage during a divorce? There are two schemes.

1. The mortgage was issued after marriage. Former spouses must sign an additional agreement at the bank to the housing loan agreement. In this situation, banks usually decide to reissue two new loans or rewrite the previous one to one borrower. Since the terms of the loan are determined individually, you must first consult with the bank.
2. The mortgage was obtained before the spouses entered into legal marriage. In this situation, one of the former spouses acts as a borrower. At the same time, housing is not legally considered jointly owned. Only payments made after marriage may be subject to division here. This can only be achieved by a court decision. And in this case, you should consult with a Sberbank employee.

How to sell an apartment with a Sberbank mortgage through a realtor?

Often, owners of mortgaged apartments who want to sell such housing attract real estate agencies. How to sell an apartment with a Sberbank mortgage in this case? First you need to find out the possible options for selling real estate to a bank. After this, you need to contact a realtor who will directly search for buyers and collect the documents necessary for the transaction. The agency will take a considerable commission for its services, but the sales process will speed up significantly. The method of selling a mortgaged apartment with the participation of a realtor is suitable for those owners who want to get rid of such housing as soon as possible.

Risks for the buyer

Transactions with real estate purchased with borrowed funds are risky, primarily for the buyer. If the seller turns out to be dishonest, the buyer will not be able to purchase an encumbered apartment; accordingly, he will be denied a loan and will not receive the desired apartment. Unfortunately, situations arise when sellers falsify documents. In addition, the buyer may be faced with the lack of necessary documents or their inconsistency with the bank’s requests from the seller for re-registration of real estate. If the owner is a minor, the guardianship authorities may prohibit the sale of housing.

Risks for the seller

Let us remind you that the procedure for selling a mortgaged apartment is completely controlled by the banking institution at all its stages. The bank is most interested in the success and transparency of the transaction. An important role here is played by such a factor as the buyer’s solvency, since if this parameter does not meet the bank’s requirements, it will be impossible to reissue the mortgage.

The seller should be careful when making mutual payments with the buyer and not get involved in various “gray” money transfer schemes, which are quite often implemented by scammers. There is a risk that the sale will fail. However, if an unscrupulous buyer is identified, this will help the seller avoid serious problems in the future. Remember that scammers can also mislead a bank employee. However, the insurance service also participates in the transaction on the part of the bank, whose responsibility is also to verify the legality and legality of the transaction. The shadow scheme will thus be revealed.

In this regard, the biggest risk for the seller is wasting time if the buyer is refused a home loan.

Selling mortgaged properties is not uncommon these days. Situations when a borrower can no longer repay his debt occur frequently. The only reasonable solution is to sell the mortgaged home. How to sell an apartment purchased with a Sberbank mortgage? First of all, you should obtain consent from the credit institution to sell such an apartment and find a buyer. After this, you can begin to complete the transaction. There are two main options - the buyer pays off the mortgage or the home loan is reissued for him. Another way is to convert a mortgage into a consumer loan. However, mortgage real estate transactions are risky for both buyers and sellers.

Recently, an increasing number of Russian residents are faced with the need to purchase real estate with a mortgage. The thing is that this method is the most accessible. To take out a mortgage, you need to provide for all possible risks, which is almost impossible. Therefore, cases often arise when housing purchased on credit needs to be sold. Is it possible to sell an apartment with a Sberbank mortgage?

Why are mortgaged apartments sold?

The main reason for selling real estate with a mortgage is the insufficient amount of funds to repay the debt to the bank. There may be several reasons for this. Here are the most common ones:

• layoff of the borrower at the current place of work;
• disagreements between loved ones who are jointly paying off a housing loan;
• divorce;
• death of a relative who helped pay off the loan;
• loss of ability to work when the borrower did not take out insurance.

How do banks approach the sale of mortgage real estate?

When the borrower is no longer able to repay the loan payments on time, often the only way out is to sell such housing and buy a new, cheaper one. It is possible to sell an apartment under a Sberbank mortgage, but for this you must obtain the appropriate permission.

The bank is interested in payments being received on time without delays. Therefore, in order to prevent such situations, borrowers are often helped to sell real estate.

To sell an apartment through a Sberbank mortgage, you need to draw up a real estate purchase and sale agreement. If the apartment is sold, the bank will make a profit, since it will return the previously issued money and find a new borrower.

Removal of encumbrance

According to the Federal (Articles 29 and 33) as amended in 2013, the rights of the borrower are:

• operation of real estate that is pledged to the bank;
• maintaining the property in a suitable condition for habitation.

Encumbrances are conditions that impose prohibitions of various kinds on the copyright holder related to the ability to use housing. If we talk about a mortgage, the borrower does not have the right to transfer the purchased property to third parties. This procedure is regulated by Federal Law 102 (Article No. 6). As an exception, only the case of inheritance is considered.

Removal of the encumbrance means that the copyright holder is freed from the ban on transfer of real estate and can dispose of it as he pleases. It is possible to remove the encumbrance on a mortgaged apartment only when the borrower has received permission from the creditor bank and has completed all procedures related to the purchase and sale.

purchased with a Sberbank mortgage, without permission

The bank's permission is not required if the borrower has already been cleared of encumbrances. If the borrower is against the bank’s participation in the sale of real estate, he must fully repay the debt to him. How to sell an apartment with a Sberbank mortgage in this case? There are two ways.

The borrower can take out another loan, but this time it will be a consumer loan. After all the necessary documentation has been collected and funds have been received, you need to pay off the remaining mortgage debt. After this, you can safely start selling.

You can also find a buyer who is not afraid to take risks and is ready to take the seller’s word for it. In this case, a receipt is drawn up, according to which the seller takes money from the buyer to pay off the mortgage. Thus, the burden is removed. However, such buyers are quite difficult to find.

How to sell an apartment with an encumbrance (Sberbank mortgage), if permission has been received

First, you should consult with a bank employee. If the borrower can reasonably approach the reasons for selling the property, the bank will meet halfway and offer the most rational way to solve the problem.

The following is the process of preparing written permission from the bank. Once a buyer is found, the borrower needs to notify the bank about the details of the purchase and sale, since some changes may have to be made to the home loan agreement.

Military mortgage

How to sell an apartment with a Sberbank mortgage if it is for military purposes? The difference between a military mortgage is that the lending and targeted loan agreements are signed simultaneously. housing must be checked and agreed upon with the Rosvoenipoteka department. It is possible to sell an apartment with a mortgage from Sberbank in such a situation - the issue is controversial. Since coordination of all details is necessary both with the bank and with Rosvoenipoteka, the important points are:

• type of activity of buyers;
• stage of loan repayments;
• whether the buyer can meet the monthly payments.

Sale without bank participation

If desired, the borrower can conduct a transaction to sell the apartment independently without involving the bank in this process. Once a buyer is found, you must:

• find out the amount of debt and receive the corresponding statement;
• conclude a preliminary agreement for the purchase of real estate and have it notarized;
• repay the debt from the funds allocated by the buyer, the remaining amount is stored in;
• obtain documentation from the bank regarding the removal of the encumbrance;
• submit documents to the registry office, the encumbrance is removed after 28 days;
• After receiving the rights to dispose of real estate, draw up a purchase and sale agreement.

This can also be done through real estate agencies. In this case, the seller will not enter into dialogue with the bank, collect documentation and look for buyers of the apartment. These issues will be resolved by agency staff. For such services a fee of 5-10% of the total cost of housing is charged.

Sale with the participation of the bank

The buyer and seller rent two safe deposit boxes at the bank. The buyer divides the amount into two parts: one is necessary to pay off the debt, the second will go to the seller after the transaction. Access to the cells will be possible for the seller upon presentation of a registered purchase and sale agreement and a certificate of title to real estate. If the transaction does not take place for one reason or another, the buyer can withdraw the money. While the money is in the registry office, the encumbrance is removed, the transaction is formalized through a notary, who is selected by the creditor bank.

Often, it is not the real estate that is sold, but the mortgage loan itself under which it was purchased. How to sell an apartment with a Sberbank mortgage if a new borrower appears? This procedure is agreed upon with the bank, and a new loan tariff may be applied to the new borrower. The seller receives the difference between the cost of the apartment and the balance of the debt.

If a buyer takes out an apartment as collateral for a mortgage loan, it is best to do this with one bank. The procedure for refinancing a debt with a new bank is always more difficult.

Payment of tax on the sale of real estate

The rules for paying tax on the sale of mortgaged housing are similar to those that apply when selling an apartment that is already owned. If the apartment has been owned for no more than 3 years, then the seller-borrower pays tax on the sale. If more than 3 years have passed since the receipt of ownership rights, the seller is exempt from paying tax.

Important

How to sell an apartment with a Sberbank mortgage and not lose your invested funds? This is a rather difficult task, since mortgaged housing is usually sold at low prices. Selling a mortgaged apartment takes a relatively long time and requires collecting a large amount of documentation, and payment is made in cash. Many potential buyers are not willing to take such risks. Transactions for the sale of mortgage real estate involve quite large expenses.

Sberbank, like any other credit organization, will definitely monitor the transaction at every stage. Without a certificate of current debt from the bank, it is impossible even to register a purchase and sale agreement through Rosreestr. If housing under construction is sold by re-registering a shared participation agreement (assignment of rights), then the bank charges a commission in the amount of 1% of the amount allocated by it for the purchase of housing. All stages of the transaction must be documented in the mortgage agreement.

How to sell an apartment with a Sberbank mortgage? This is a rather complex and labor-intensive procedure that requires a relatively large investment of money and time. However, if the final decision has been made to sell the mortgaged home, this is quite possible. Such transactions are very risky, so the cost of mortgaged apartments on the market is significantly lower, and buyers are less willing to purchase such housing.

If you are going to buy an apartment with a mortgage encumbrance, then you should know that you will have to adhere to a special procedure.

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There are certain features of such a transaction. But what should you pay attention to, where to go and how to act in 2020?

Quite often apartments are purchased with a mortgage. But the deal requires care. The contract should be drawn up taking into account these circumstances, and based on additional information.

There will be no troubles only if the buyer was notified that the property was purchased with a mortgage, and he knows all the features of such a transaction.

General points

The reason that the owner of a mortgaged property decides to sell the property, for example, is the inability to repay the debt.

And some buyers are ready to take such housing, as there are such advantages:

What you need to know

Encumbrance is a multifaceted concept, and the essence is that the owner of a residential premises is bound by conditions and restrictions. The owner has no right to dispose of such property.

Data on all restrictions are reflected in, and there will be a special note on the certificate of ownership itself.

This way, the court will be able to oblige the seller to enter into an agreement or return the amount paid by the buyer.

Basic terms of the deal

The apartment can be purchased in 2 ways:

• without borrowing money;
• with obtaining a mortgage loan for the purchase.

Each method carries risks for the buyer. If the transaction is completed without attracting a borrowed amount, then the encumbrance must first be removed.

The action scheme is as follows:

It is important to draw up an agreement with the owner, certified by a notary office, according to which the buyer will undertake the obligation to repay the balance of the debt to the bank.

When the banking institution issues certificates confirming the full repayment of the mortgage amount, it will be carried out according to the standard scheme.

The price of the property under the purchase agreement must be greater than the amount paid to the bank. The difference is transferred to the seller after registering the contract with the authorized body.

If the buyer preferred the second purchase method, it is necessary to obtain permission from a bank employee to sell.

If the debtor has repaid an amount that does not reach half the cost, then permission is unlikely to be obtained.

Exit - the buyer receives a loan from (not another financial institution). If the borrower changes, the apartment will remain collateral with the bank, but the buyer will receive the right to live in it.

Be sure to pay attention to the following points:

An important condition of the transaction is the price of the property. It must be specified in the agreement, and it must exceed the loan settlement amount. After registering the transaction in Rosreestr, the difference is paid to the owner of the apartment.

Removal of encumbrance

For the sale and purchase transaction to be possible, the encumbrance must be removed. You will need to repay the debt to the bank or seller.

To confirm payment of the required amount, certificates are submitted to Rosreestr, where entries are made in the Unified State Register. Debt repayment is possible at the expense of the seller or buyer.

If money is transferred to the seller from the buyer, a preliminary agreement is drawn up, which stipulates all the terms of payment and the deadlines for fulfilling its obligations.

When the debt is repaid, the seller must present a new sample statement within the specified time frame.

The document must indicate “No encumbrance.” Only after this can the main conclusion be made.

Removal of encumbrances can also be carried out in court, after which all changes are reflected in the Rosreestr database within 3 days.

If the buyer removes the encumbrance, the following information is needed:

• real estate mortgage;
• passport;
• initial agreement and certificates confirming repayment of debts;

All participants in the purchase and sale transaction must appear at the registration chamber. In some situations, it is necessary for an employee of the financial institution to be present.

Removing the encumbrance is not enough. You also need to submit a request to receive a certificate, which will indicate that you are.

Procedure for concluding a transaction

You can buy a mortgaged apartment:

In each case, it is worth preparing different documents, since a participant in the transaction can be a citizen or a legal entity.

The process of buying real estate from a bank is as follows:

1. They rent 2 cells - for a banking organization and a seller-borrower.
2. Obtain a certificate from the bank to confirm repayment of the debt.
3. They enter into a purchase agreement.
4. The agreement is registered at the Rosreestr branch.

If you buy from a borrower, you should follow this procedure:

1. Enter into a preliminary purchase agreement so that there is no risk that the terms of the transaction will be changed.
2. Pay the remaining debt to the seller.
3. The seller pays the amount due.
4. Obtain a certificate of no encumbrance from the bank.
5. A basic purchase and sale agreement is drawn up and registered with the authorized body.
6. After registering the transaction, the remaining amount for the apartment is paid.

In Sberbank

Sberbank immediately draws up agreements, stipulating the possibility of subsequent sale of the property. But to complete the transaction, it is necessary to obtain the consent of the bank.

The borrower must contact a specialist to clarify the conditions that must be met.

When submitting an application, the borrower indicates the reason for the sale, otherwise you may not expect to receive permission.

Video: buying and selling mortgaged apartments

By the way, the portal has a separate section where mortgaged apartments for sale are displayed. If the new borrower proves his solvency, the bank will meet him halfway.

Let us dwell in more detail on how participants in a transaction should act if one of the parties is Sberbank:

1. The seller requests information from the bank about the amount of debt and transfers it to the buyer.
2. The parties draw up a preliminary purchase and sale agreement.
3. The buyer pays a deposit.
4. The seller pays off the debt with the funds received or transfers such a right to the buyer.
5. The buyer places the remaining cost of the apartment in a safe deposit box.
6. Ownership rights are registered to the buyer.
7. The bank's encumbrance is removed.
8. They reissue the registration certificate if an outdated document is submitted.
9. The seller takes money from the cell.

VTB 24

The procedure for purchasing a mortgaged apartment at VTB 24 is the same as at other banks. Although there is one specific point.

When a citizen contacts an institution for advice, he also has the right to ask to transfer ownership rights from a credit company.

Buyers can purchase under preferential programs. For example, the bank offers to pay only 20% as a down payment.

Disadvantages for the borrower - since you will have to contact an intermediary bank, you need to pay interest on the transaction amount.

And the price of the apartment may be sufficient to pay off the debt, but it will be lower than the market average.

If with maternity capital

Another risk is faced by the buyer if he buys a home with an encumbrance that was purchased by the owner using funds.

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