Using real estate collateral as a way to ensure the fulfillment of financial obligations under a loan

APPLY FOR A MORTGAGE AND FIND OUT A DECISION QUICKLY After a suitable housing option has been selected on the primary or secondary market, the potential buyer needs to deposit a certain amount as a guarantee of his intentions. If an apartment is purchased with your own funds, then there are no problems with registration, but situations involving the use of credit funds often cause concern among the participants in the transaction. Next, we will consider how the deposit is transferred when purchasing an apartment with a mortgage.

How to draw up a deposit agreement when buying a home with a mortgage

The deposit agreement should be drawn up taking into account the fact that the housing is purchased with a mortgage. For the buyer, this nuance is of fundamental importance, since the bank counts the deposit as a down payment, and if the mortgage is refused, the possibility of its return remains possible on the basis of clause 1 of Art. 381 Civil Code of the Russian Federation. It states that if the obligation is terminated due to the impossibility of its fulfillment, then the deposit must be returned. At the same time, there is no clear definition of what constitutes a loan refusal falling under this formulation. Therefore, in the deposit agreement it is necessary to indicate the conditions for return in the event of a negative credit decision of the bank .

In addition, when signing the contract, it is necessary to check the following information in the text:

• Full names of all property owners;
• passport data of all participants, residential addresses;
• cost of the apartment;
• deposit amount;
• descriptions of the technical characteristics of the apartment (address, area, floor, etc.).

If necessary, the agreement should be supplemented with a clause indicating any details that are significant for the participants. The document is drawn up in 2 copies. It is not necessary to have it certified by a notary. A sample deposit agreement can be downloaded from this link.

Agreement on pledge of ownership of an apartment in a building under construction

Pledge agreement for ownership of an apartment in a building under construction No.

g.
"" g.

in the person acting on the basis, hereinafter referred to as the “
Pledgee
”, on the one hand, and a citizen, passport (series, number, issued), residing at the address, hereinafter referred to as the “
Pledgor
”, on the other hand, hereinafter referred to as the “
Parties
", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

SUBJECT OF THE AGREEMENT

1.1. This agreement is an integral part of the loan agreement No. dated "" year, according to which the Pledgee provided the Pledgor with a loan in the amount of rubles with a repayment period of up to "" year.

1.2. The Pledgor, to secure the obligation under the loan agreement specified in clause 1.1, transfers to the Pledgee as collateral his ownership of an apartment in a house under construction in accordance with clauses 1.3-1.5 of this agreement.

1.3. The debtor in relation to the Pledgor is , which, under agreement No. dated "" of the year, undertakes to transfer to the mortgagor, on account of equity participation in the construction of a residential building, in accordance with paragraph 5 of Article 5 of the Law "On Investment Activities" and Article 24 of the Housing Code of the Russian Federation in ownership an apartment located at the address: total area of ​​square meters, consisting of rooms of square meters of living space.

1.4. The mortgagor acquired ownership of the said apartment by registering an agreement dated "" year no.

1.5. Ownership of the specified apartment is confirmed by the Certificate of Housing Ownership No. dated "" year, certified by a notary office "" year according to register No.

1.6. The book value of apartments as of the year is rubles.

1.7. By agreement of the parties, ownership of the said apartment is valued at rubles.

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The pledgor is obliged

:

2.1. Perform actions necessary to ensure the validity of the pledged right.

2.2. Do not make an assignment of the pledged right.

2.3. Do not take actions that entail the termination of the pledged right or a decrease in its value.

2.4. Take measures necessary to protect the pledged right from infringement by third parties.

2.5. To promptly notify the Pledgee about changes that have occurred in the pledged right, about its violations by third parties and about their claims to this right.

2.6. In accordance with the requirements of Article 55 of the Law “On Pledge”, a written notice must be given before the Pledgor fulfills the obligation secured by the pledge.

2.7. Submit a deposit for registration to the territorial body of the Bureau of Technical Inventory (BTI).

2.8. Within one month after the occurrence of the pledge, make an entry in the Book of Pledges about the pledge of property rights.

2.9. The pledgor is obliged

:

2.10. Require the Mortgagee to issue documents confirming the full (partial) fulfillment of obligations under the loan agreement.

2.11. At any time before the implementation of the pledged right to stop foreclosure on it by fulfilling the obligation under the loan agreement.

2.12. Use the premises exclusively for its intended purpose specified in clause 1 of the agreement.

2.13. Maintain the rented premises in full working order and in exemplary sanitary condition before delivery to the Lessor.

2.14. Do not carry out any redevelopment or re-equipment of the rented premises, caused by the needs of the Tenant, without the written permission of the Department of Non-Residential Premises and the Interdepartmental Commission of the District Council.

2.15. Promptly carry out, at your own expense, routine repairs inside the rented non-residential premises, as well as major repairs of these premises related to the activities of the Tenant.

2.16. The necessary repairs of the premises, established at the conclusion of the contract, are carried out by the Tenant in the amount and time frame in accordance with the attached inventory "" of the year.

2.17. Notify in writing the Department of Non-Residential Premises and the Landlord no later than two weeks in advance about the upcoming vacation of the premises, both in connection with the expiration of the contract and in case of early vacation, and hand over the premises to the Landlord according to the act in good condition, taking into account standard wear and tear.

2.18. Do not sublease the rented premises, either in whole or in part, without the written permission of the Landlord.

2.19. If the Tenant leaves the premises before the expiration of the contract, he is obliged to pay the Lessor the amount of the cost of the capital repairs of the premises that are not his responsibility.

2.20. Upon expiration of the contract, as well as upon its early termination, transfer to the Lessor free of charge all reconstruction and alterations made in the rented premises, as well as improvements that constitute the property of the premises and cannot be separated without harm from the structures of the premises.

PAYMENTS

3.1. For the premises specified in clause 1 of the agreement, the Tenant pays rent to the Landlord at the established rates or by agreement of the parties. When signing the agreement, rubles are transferred, and then rubles for each quarter in advance with payment on the 1st day of the first month of each quarter.

3.2. The Tenant pays for operating costs, central heating and utilities provided to him according to a decrypted calculation agreed upon by the Lessor and the Tenant and attached to the agreement. The specified calculation is an integral part of the contract. Payment of operating costs and central heating is made by the Tenant in advance monthly on the 1st day of each month in solid form (1/12 of the annual amount) according to a payment order. Utilities are paid by the Tenant within ten days for the past month in a fixed amount according to a payment order. The final settlement of all payments is made by the parties after the end of the year, based on data on the actual expenses of the Lessor. The difference in recalculation is paid by the Lessee or withheld by him at the next payment installment.

3.3. If the Tenant fails to pay the rent on time, payments to cover operating costs, for central heating and utilities, the Landlord has the right to issue an invoice for collection - a demand with reference to the number and date of the agreement or to collect the debt from the Tenant in an indisputable manner by presenting a writ of execution from a notary's office.

PROPERTY RESPONSIBILITY OF THE PARTIES

4.1. If the Tenant fails to make payments within the terms established by this agreement, penalties will be charged in the amount of % per day on the overdue amount for each day of delay.

4.2. For failure to fulfill the obligations stipulated by this agreement, the Tenant shall pay the Lessor a penalty in the amount of % of the amount of the annual rent.

4.3. Payment of the sanctions established by this agreement or collection of debt from the Tenant in an indisputable manner is carried out by making a writ of execution from a notary's office.

EARLY TERMINATION OF THE AGREEMENT

5.1. The lease agreement is subject to termination, and the Tenant is subject to eviction:

• when using a building or premises (in whole or in part) not in accordance with the lease agreement;
• if the Tenant intentionally or negligently worsens the condition of the premises;
• if the Tenant has not paid rent within three months;
• if the Tenant does not carry out major repairs in cases where, according to the Law or agreement, major repairs are the responsibility of the Tenant;
• in case of state or public need for the rented premises (with the return to the Tenant of the rent paid by him and other payments for the unused lease period).

5.2. The lease agreement may be terminated at the request of the Tenant:

• if the Lessor does not carry out major repairs of the premises that are his responsibility;
• if the premises, due to circumstances for which the Tenant is not responsible, turn out to be unsuitable for use.

THE TENANT'S PREFERENCE RIGHT TO RENEW THE LEASE AGREEMENT

6.1. The tenant, who has duly fulfilled the obligations assumed under the lease agreement, upon expiration of the agreement, has a priority right over other persons to renew the agreement.

LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Mortgagee

• Legal address:
• Mailing address:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Pledgor

• Registration address:
• Mailing address:
• Phone fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

Registration procedure

Having agreed on the key terms of the transaction, the parties sign an agreement taking into account the agreements reached. The buyer pays a deposit in the agreed amount and receives a receipt that the seller has received the funds. A distinctive feature of this type of transaction when purchasing a home with a mortgage is the need to provide the bank with copies of the agreement and receipt. Funds can be transferred by bank transfer, in which case a payment order will be required from the bank. A sample receipt can be downloaded here.

Advantages, disadvantages and possible risks

Let's consider what the use of a deposit gives. For both parties, this is a certain guarantee that the deal will not fall through at the last moment due to the fact that one of the parties simply changed its mind about concluding it. This is especially important in the case of a mortgage, since this is sometimes a long and labor-intensive process of collecting documents. In turn, for the seller, failure of the transaction may be fraught with the loss of another potential buyer and a delay in the sale.

This is important to know: Buying an apartment in favor of a third party

For bona fide participants in the transaction, the risks are minimal. The main problem when buying an apartment with a mortgage is the bank’s refusal to issue a loan (more details: about popular reasons for refusal of a mortgage from Sberbank). Typically, housing is selected in parallel with the submission of an application, and you don’t want to miss out on a good property while the bank is considering it. The seller pays a deposit, and after that the bank refuses the loan. Refunds can be a problem if you don't plan for this situation in advance. Next, we will consider popular questions regarding the use of a deposit when purchasing a home with a mortgage.

If the bank refuses a mortgage

When purchasing a home with a mortgage, any actions must be taken taking into account the fact that the bank will refuse the application. This point is best discussed in advance with the seller and reflected in the agreement on the transfer of the deposit. There are two possible scenarios when a mortgage is rejected:

1. The agreement was signed before the bank made a decision to issue a mortgage loan. In this case, the seller may refuse to return the deposit, citing lost time and loss of other buyers. If this situation is not specified in the deposit agreement, the buyer will have to try to claim the money through the court.
2. The bank rejects the mortgage transaction if the seller has any problems with the documents for the apartment. In these circumstances, the buyer has the right to demand a double refund of the deposit. Read more: about which housing is suitable for a mortgage.

How to use a deposit as a down payment

The buyer can use the earnest money as a down payment. But in practice, the amount of the deposit is significantly less than the amount required by the bank. The credit institution must be notified of the settlements made and provide documents confirming the transfer of the deposit: a preliminary agreement and a receipt.

In this case, the purchase and sale agreement must specify in detail from what funds the buyer will pay the full cost of the apartment:

• own funds;
• deposit;
• mortgage loan.

Thus, the deposit can and should be taken into account when making payments to the bank.

Purchasing through a real estate agency

Registration of the transaction through a real estate agency does not fundamentally change the procedure for signing an agreement on the transfer of the deposit. The parties enter into an agreement in the presence of an agent, and the receipt is drawn up in the same way. By agreement of the parties, the deposit amount may remain for temporary storage at the real estate agency. In this case, the agency representative provides a receipt for accepting funds.

In the modern real estate market, both financial instruments appear - both an advance payment and a deposit. The choice of one or another prepayment method in most cases depends on the seller. At the same time, he does not always agree to accept the deposit - after all, the mortgage transaction is long-term, and a buyer with cash may appear at any moment. Therefore, in the case of a mortgage, the presence of a deposit is more beneficial to the party purchasing the apartment, especially if it is transferred after the bank has made a positive decision on the loan.

Loan secured by a single home

In January 2014, I had to take out a loan secured by my only home in the amount of 850,000 rubles. Money was needed to open a medical center, as the main founder had financial problems. Over the next two years, I, or rather the company, paid the creditor an amount of 620,000 rubles. Then, in October 2020, the company went bankrupt and I was unable to pay the remainder of the debt and the creditor filed a lawsuit against me demanding payment of 1,400,000 rubles on the loan and foreclosure on the mortgaged property. In September 2020, the district court fully satisfied the creditor's claim. The court ignored all my arguments, confirmed by judicial precedent, that my mortgaged housing is the only one and is not subject to collateral. The court rejected my petition to involve the city housing committee as a party in the case. The court ignored my arguments that the lender does not have a banking license, is not included in the register of microfinance organizations and, at the same time, is actually conducting illegal banking activities. In November 2020, the St. Petersburg City Court rejected my appeal. In April 2017, the cassation instance of the St. Petersburg City Court left my complaint without consideration. In July 2020, the Civil Collegium of the Supreme Court refused to consider my complaint. In November 2020, I filed a lawsuit against the creditor to declare the transaction invalid on the basis of Art. Art. 6 and 78 of the Law on Mortgages, where I indicated that the transaction of a secured loan of a single home should be declared invalid in terms of the mortgage. In May 2020, the district court rejected my claim, and in September 2020, the city court of St. Petersburg upheld the district court’s decision. In June 2020, I filed a complaint with the Petrograd District Prosecutor's Office in which I asked to check the legality of the actions of a lender who, without a license and not being in the register of microfinance organizations, issues loans secured by a single home using a conveyor belt method and then uses the judicial system to take people's homes away. My complaint was sent to the department for economic crimes of the Ministry of Internal Affairs of the Petrograd region. I don't know the results of the check yet.

In March, the creditor filed a writ of execution with the FSSP and initiated enforcement proceedings in order to sell my only home.

Thus, for my actual debt of 230,000 rubles, they are trying to take my only home away from me using the forces of the state. The question is - can anything else be done in this situation to protect your rights or is the only option left to file a complaint to the ECHR?

How to prepare a deposit when buying an apartment with a mortgage

When a deposit is paid when purchasing an apartment, the bank is notified about this. After this, the credit institution deducts its amount from the amount of the down payment. Transfer of funds is carried out either in cash or through a wire transfer.

A deposit for a mortgage is drawn up identically to a deposit without a mortgage:

1. The contract is signed in two copies, one of which is given to the seller and the other to the buyer.
2. A copy is made for submission to the bank.
3. The buyer transfers funds in the amount specified in the contract.
4. The seller writes an official receipt confirming the transfer.
5. A copy of the receipt from the seller is made for the bank, in which he confirms receipt of all funds provided for by the deposit.
6. The agreement comes into force.

From a legal point of view, the contract comes into force if it contains the following necessary information:

• the owners of the apartment that is for sale are indicated;
• buyers are indicated;
• information confirming the identities of the parties to the transaction is noted;
• the transaction value is indicated;
• the deposit must be written both in numbers and in words;
• information relating to the apartment is noted;
• responsibility for non-compliance with the contract is indicated.

In addition, experienced realtors advise that along with the contract, attach a certificate from a psychiatrist, which confirms that the transaction was completed by the participants in sound mind and memory. This allows, in the event of an unfavorable development of events, to avoid litigation on this issue.

Pledge arises

Advice from lawyers:

1. We need to sell a one-room apartment, purchased with maternity capital, which belongs to me, my husband and our two children by right of ownership in equal shares. (We want to buy a house) and took out a non-targeted mortgage loan from Sberbank secured by our three-room apartment, which my husband and I own in equal shares. (Also for buying a house). Now the question arises: how can children allocate shares in a three-room apartment if it is pledged to the bank?

1.1. Allocation of shares to children during the period of encumbrance is possible only with the written consent of the bank.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. Is it enough to submit for registration of a purchase and sale agreement for an apartment, secondary housing market, only an agreement, without an acceptance certificate, if the agreement is concluded between two individuals, the agreement states that the act will be signed only after receiving an extract from the Unified State Register of Real Estate for the new owner - the buyer, and the Seller does not have a right of pledge?

2.1. An acceptance certificate is not needed to register the transfer of ownership. Sign when required by the terms of the contract.

Did the answer help you?YesNo

2.2. That's enough. Even the absence of an Act will not indicate the illegality of the transaction.

Did the answer help you?YesNo

3. Rosreest suspended the purchase and sale transaction of an apartment due to the lack of reference to paragraph 5 of Article 488 of the Civil Code of the Russian Federation, which states that there is no mortgage on the sold apartment until full payment (through the locker) is made. How to eliminate this gap: revoke old contracts and submit new ones with this rule, or submit an additional agreement? A completely unclear situation. Documents were submitted on an extraterritorial basis in Moscow for the purchase of an apartment in another region. Tell me from knowledgeable people.

3.1. Refusal is illegal. If, when registering the transfer of ownership of real estate in the event of its purchase and sale, the state registration of a mortgage was not carried out by force of law, and the seller did not apply to the registration authority with such an application, then there is no legal basis to believe that the seller has arisen in relation to this real estate property rights of the mortgagee by force of law. To avoid appealing the suspension, submit additional agreements to the contract.

Did the answer help you?YesNo

4. I have 1/2 share of the apartment. I want to take out a secured loan. The question arises: is the consent of the second owner of the apartment necessary and what responsibility does he bear in case of non-repayment of the loan?

4.1. In this case, you do not need the consent of the second owner to take out a loan secured by the apartment. This is not provided for by law.

Did the answer help you?YesNo

4.2. Hello. Disposal of common property is possible with the consent of all co-owners - Art. 246-247 Civil Code of the Russian Federation. The second co-owner will not bear responsibility, but he can try to challenge the pledge. All the best to you and successful resolution of the problem. Thank you for choosing our site.

Did the answer help you?YesNo

4.3. No, you do not need the consent of the second owner to pledge your share. Your loan repayment obligations do not apply to the second one. If you stop paying, the bank will foreclose on your share.

Did the answer help you?YesNo

5. The buyer of the apartment is a legal entity. The seller is a physical person. According to the DCT, payment is planned after registration in the Russian Register. The buyer insists that no lien arises by operation of law. What does this mean for the seller?

5.1. Hello. On what basis does a mortgage arise on an apartment? If the apartment remains in collateral, then this fact must be registered.

Did the answer help you?YesNo

6. Please tell me what risks a lender faces when issuing a loan secured by a land plot. The land plot is owned by an individual living in another region of the Russian Federation. The land plot is located in a different region, the purpose of the plot is: industrial lands, energy, transport, communications..., space activities, defense lands, permitted use of industrial enterprises of hazard classes 1-4. Thank you.

6.1. Dear Irina. If you work in a credit institution, then I would like to know the point of view on this situation from your lawyers... What do they think about this?.. However, let me give you not entirely legal advice. I believe that issuing a loan against such collateral is risky. The reason is not the liquidity of the land plot offered as collateral. The most reliable collateral for land is when the land is classified as “land of settlements”. In your question you indicated a different category: lands of “industry, energy, transport, communications..., space activities, defense lands,” and the permitted use is “industrial enterprises of hazard classes 1-4.” Based on the meaning of this information, it is clear that if certain events occur, your credit institution will have problems with a possible foreclosure on the mortgaged property.

Did the answer help you?YesNo

7. We want to open a company to issue loans secured by PTS and cars. We want to issue PTS as collateral on the basis of a leaseback agreement, and in cases where the maximum possible amounts are issued, then the car will be parked on the basis of a “pledge ticket.” In this case, is one Lombard LLC enough for us? Or you need to have two, including LLC leasing. Or is there a simpler option so that everything is legal and there are no problems in cases of litigation?

7.1. Neither the Civil Code of the Russian Federation nor the Law on Financial Leases contain such a method of financial leasing as leaseback. I don’t know why you have to complicate everything so much. It is enough to issue a loan against collateral. The deposit may be firm.

Did the answer help you?YesNo

8. We buy an apartment. We would like to indicate in the agreement that payment under the agreement will be made within 1 day after the transfer of ownership of the apartment through a safe deposit box. Will there be a bail in this case by force of law? Is it possible to avoid this by indicating in the contract that, according to clause 5 of Article 488 of the Civil Code, the seller does not have a right of pledge on the apartment?

8.1. Hello. Yes, you can write it down in the contract: according to clause 5 of Article 488 of the Civil Code, the seller does not have a right of pledge on the apartment. All the best. Thank you for choosing our site.

Did the answer help you?YesNo

9. Explain what this information is about a pledge agreement, another transaction on the basis of which a pledge arises by force of law/information about the decision to issue bonds name: Vehicle pledge agreement date: 07/08/2011 agreement number: obligation fulfillment period: 06/21/2016 , we bought a car and it turned out to be pledged, what will happen when the pledge agreement expires?

9.1. What is the relationship between vehicle collateral and securities? Was the vehicle purchased in exchange for bonds? This means that the car is encumbered with collateral. You, Vita, have limited ownership rights to it. In case of failure to satisfy the creditors' claims, the pledgee of the car has a priority right to satisfaction of his claims from the sale of the pledged car. The term of the pledge agreement will expire after the debts are repaid.

Did the answer help you?YesNo

9.2. Most likely, the car is pledged under a loan agreement. The previous owner sold you a car without paying the bank in full. If the obligation is not fulfilled, the bank has the right to foreclose on the collateral. According to Art. 352 of the Civil Code of the Russian Federation, the pledge is terminated if the pledged property was acquired for compensation by a person who did not know and should not have known that this property was the subject of the pledge. You need to go to court to have the pledge terminated.

Did the answer help you?YesNo

10. What should I do? When purchasing an apartment in 2012, the justice placed an encumbrance on the apartment in favor of the seller, although the purchase and sale agreement contains a clause: “The seller does not have a right of pledge on the above-mentioned apartment.” We only learned about this encumbrance now, when we were about to make a deal to sell the apartment. We don't have time for lawsuits. The seller from whom we bought the apartment moved to another region, we have no contact with him. Thank you!

10.1. What is the encumbrance due to? Payment under the contract has not been made in full?

Did the answer help you?YesNo

11. I have 4 million rubles in cash. I want to buy a house, but I don’t have enough money. My daughter takes out a military mortgage - 2.3 million. In order for the bank to issue a mortgage, the house will have to be registered in my daughter’s name. I understand that until the mortgage is repaid, the house will be pledged to the bank. I have a question? The entire house or part of the house will be pledged for the amount of the mortgage provided and what risks arise.

11.1. The entire house will be mortgaged.

Did the answer help you?YesNo

11.2. Hello. The entire house will be pledged to the bank. In case of non-payment, the house will be seized and sold.

Did the answer help you?YesNo

11.3. A mortgage is a security against real estate. The entire house will be pledged. In case of non-payment of the debt, foreclosure on the collateral is carried out through sale at public auction. The proceeds are used to pay off loan debt, pay penalties, fines, and enforcement fees. The remaining funds after repayment of the debt are returned to the owner of the collateral.

Did the answer help you?YesNo

12. I am buying an apartment under an agreement on the assignment of the right of claim. Payment will be made after the state. registration. The seller added a clause - the parties agreed that a pledge arises by force of law. How to understand this?

12.1. Hello! This means that until you make payment under the assignment agreement, the future property will be pledged to the seller.

Did the answer help you?YesNo

12.2. That's right, an encumbrance has been placed on the apartment due to the provision of deferred payment. After submitting documents confirming full payment to Rosreestr, the encumbrance will be lifted.

Did the answer help you?YesNo

13. What regulates the buyer’s liability when purchasing an apartment with a mortgage, as well as the consequences of the buyer’s failure to pay the seller the cost of the apartment after such a transaction is completed? Since the ownership will already be registered in the buyer’s name, it turns out that it can be terminated through the court, the bank will be the mortgagee, the Seller of the apartment does not have the right of pledge under the contract, how to protect yourself in such a transaction? How to terminate it if the Buyer does not transfer the money after re-registration of the apartment? Thank you.

13.1. Hello! There are no grounds for terminating a purchase and sale agreement even if the seller does not receive funds under the agreement. The seller can only recover the unpaid amount.

Did the answer help you?YesNo

13.2. A mortgage agreement is a targeted loan, so money under the agreement can only be spent on an approved property. With a mortgage, the seller risks much less than when concluding a contract without mortgage funds. The bank will not transfer its money anywhere. If the mortgage is at a savings bank, then they practice putting the full amount of the loan in the cell, including mortgage funds, on the day the agreement is signed.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. Does the bank have rights to the mortgaged apartment if the mortgage is registered by force of law as an encumbrance of the right and the mortgage has not been drawn up?

14.1. Hello. Yes, they do arise.

Did the answer help you?YesNo

14.2. Hello. Taking into account the information in your question, violations were committed during the conclusion of the contract; a mortgage is usually drawn up, since it is essentially the main document. Resolving the issue involves litigation. Sincerely, Sergey tel. +79538786870

Did the answer help you?YesNo

15. In 2007, a loan agreement was drawn up with the bank, the loan was provided for the intended use: purchasing an apartment. The agreement says: loan security: residential mortgage arising on the date of its state. registration. The mortgage was not issued. Is the agreement considered a mortgage in this case, or is it still just a cash loan, and without a mortgage the apartment should not be considered collateral?

15.1. To answer your question you need to study the entire contract. And after that it will be possible to give a complete appropriate answer.

Did the answer help you?YesNo

15.2. A mortgage is when the apartment is in the use of the bank. Don't be confused! You have a mortgage agreement. You simply have an encumbrance in the form of collateral WITHOUT A MORTGAGE!

Did the answer help you?YesNo

16. In 2007, a loan agreement was drawn up with the bank, the loan was provided for the intended use: purchasing an apartment. The agreement says: loan security: residential mortgage arising on the date of its state. registration. The mortgage was not issued. Is the agreement considered a mortgage in this case, or is it still just a cash loan, and without a mortgage the apartment should not be considered collateral?

16.1. Hello! It's just a cash loan.

Did the answer help you?YesNo

16.2. Hello! The mortgage arose by operation of law. In this case, it does not matter whether the mortgage is registered with Rosreestr or not.

Did the answer help you?YesNo

17. I issue a short-term loan secured by a mink coat. Recently, an unpleasant incident happened to me. The fur coat that was offered to me as collateral turned out to be stolen, police officers came with a resolution and seized the fur coat, I wrote a counter statement against the client. And then the police officers began to threaten me that they would prosecute me for buying stolen goods. How should I act and what should I do to prevent this from happening to me at work? Thank you.

17.1. Hello, require documents for the pledged property, if the item is stolen, then there cannot be documents. Fur coats are very difficult, of course)

Did the answer help you?YesNo

17.2. - Hello, who are you? What do you give out loans for things? Best wishes.

Did the answer help you?YesNo

17.3. Hello. Yes, sue.

Did the answer help you?YesNo

18. I have the following question: I submitted an application for a mortgage to Sberbank, they approved it, but I didn’t submit or sign any more documents. I signed a preliminary purchase and sale agreement with the seller of the apartment and gave him a deposit for the apartment of 50,000 rubles against a receipt in the purchase and sale agreement it is stated that the right The seller does not have a mortgage on the apartment in accordance with Article 488 of the Civil Code of the Russian Federation, and it so happened that I inherited the property. Why should I take out a mortgage? Can I return the deposit?

18.1. If you haven’t signed contracts and accepted offers, then don’t do anything.

Did the answer help you?YesNo

19. We added a clause to the sale and purchase agreement: The parties agreed that, in accordance with clause 5 of Art. 488 of the Civil Code of the Russian Federation, the Seller does not have a right of pledge on the apartment. Since they wanted to divide the payment into two parts, one payment should be made on the day of filing the documents, and the other after registration of ownership. Then they decided that we would make the payment before signing the contract, but they forgot to remove this clause, whether it would be an obstacle to registering property rights.

19.1. If you provide the Rosreestr with supporting documents confirming payment in full, then of course it won’t.

Did the answer help you?YesNo

19.2. You wrote in the contract that the seller will not hold the apartment as collateral until full payment is made (no mortgage). There will be no obstacles to registration. Rosreestr is generally indifferent to settlements between the parties to the contract.

Did the answer help you?YesNo

20. The bank, without concluding a pledge agreement, issued a notice of pledge of movable property, in connection with which the notary entered the property into the register, on the basis of Art. 341 of the Civil Code of the Russian Federation, a pledge arises from the moment the contract is concluded. How to release collateral?

20.1. File a lawsuit to exclude the property from the collateral. GOOD LUCK TO YOU.

Did the answer help you?YesNo

I am the seller of an apartment, in the contract drawn up by the agency there is the following wording:

Allow for bankruptcy. There is a collateral that ensures the fulfillment of both competitive and current requirements.

What guarantee do I have for the sale of an apartment that is purchased from me by a buyer with money transferred to my account?

When buying a house using maternity capital, is it possible to indicate in the contract that the right of lien in favor of the seller does not arise?

The following situation has developed. The husband purchased a car, which, as it later turned out, was pledged to the bank.

Please tell me my dad is a capable person. But my grandmother once made documents indicating that there was a trial and my dad was declared incompetent.

Please, is the consent of the guardianship and trusteeship authorities necessary when purchasing real estate by parents with minor children in installments?

Property was purchased with payment in installments until February 2020. 3 payments out of 20 were made.

The purchase and sale agreement specifies the payment procedure: 10% - BEFORE signing the agreement and 90% - after its registration (through a letter of credit).

I want to conclude a contract for the purchase and sale of real estate with installment payment; by force of law, a pledge arises.

What mandatory collateral clauses arise when purchasing a room using maternity capital through a targeted loan?

Deposit agreement for the purchase of an apartment

The deposit agreement is a type of preliminary agreement. It separately contains information regarding the loss or return of deposits.

This is due to the fact that the deposit is a special instrument that ensures the full implementation of all preliminary agreements regarding the apartment. The party that violates them loses the deposit in full.

agreement on deposit (download in .doc format):

It is important to understand the meaning of the definition of “deposit”. When there is no Deposit Agreement, if events develop according to a bad scenario, the court will officially consider it an advance.

There is a recommendation regarding this issue. You need to prepare two documents at once:

• Preliminary purchase and sale agreement
• Agreement on deposit

Important! It is necessary to carefully draw up a receipt regarding the receipt of funds. Its absence is fraught with problems in a possible trial. A sample is presented below.

Sample receipt for receiving a deposit (download in .doc format):

Can the owner use and dispose of the mortgaged property?

A person who has taken out a loan secured by real estate has a rather interesting legal status.

On the one hand, he is the full owner of the residential premises, which means he is free to do whatever he wants with it. On the other hand, all actions of the credited person are monitored by the bank , whose opinion must be taken into account when performing certain actions with the collateral object.

The apartment owner has the right:

• live in an apartment independently;
• register your close relatives in the mortgaged property, if this is provided for in the mortgage agreement;
• rent out an apartment upon receipt of the bank’s consent;
• sell an apartment with the consent of the banking institution to the transaction;
• make changes to the layout of the apartment and register them with the cadastral authorities upon receipt of special permission from the bank.

It is worth noting that banks are very reluctant to give permission for the sale of apartments taken with a mortgage. This is primarily due to the fact that due to such transactions, banks lose a decent portion of their income.

The owner of a residential property purchased with a mortgage also has the right to bequeath the apartment by inheritance . However, if the testator dies before repaying the mortgage, the obligation to repay it will pass to the person to whom the apartment will be bequeathed.

Features of an advance agreement when purchasing an apartment with a mortgage

“Advance payment” refers to agreements that regulate advance payment issues. Such an agreement must contain the following information:

• the object of the contract, which means an apartment;
• the exact time and date when the funds were deposited;
• the amount of finance contributed.

This is important to know: Buying an apartment through assignment of a mortgage

In addition, situations are regulated in which the advance will not be returned.

Often, ordinary people consider the definitions of “deposit” and “advance” to be identical. However, there are certain differences between them. At the legislative level, the term “advance” is not mentioned. In practice, it is understood as an advance payment of a certain size. Its presence does not oblige you to fully comply with all the provisions outlined in the contract. Additions may be made to it. They must be agreed upon by all parties to the transaction.

If the contract is terminated, if it is an advance, financial liability is incurred in a partial amount of the total amount of funds contributed. When agreeing on a deposit, issues relating to its termination are regulated by law. In practice, an advance is more often used due to greater flexibility and fewer potential sanctions.

Sample receipt for advance payment:

Agreement conditions

Some of the mandatory terms of the mortgage agreement found in every agreement of this kind are:

• drafting a mortgage;
• an indication in the contract of the possibility of eviction of the borrower in case of failure to fulfill obligations;
• procedure for considering disputes in court.

A mortgage is a special document, the presentation of which gives the lender the right to receive his funds back. The mortgage is personal and it indicates the full name. the lender or the name of the organization that issued the loan.

To get your money back, the lender does not need to present anything other than this document.

Evicting a borrower and his family from an apartment or house in case of non-payment of debt is a difficult procedure for a bank.

According to current legislation, the lender does not have the right to evict the borrower from the apartment onto the street if the borrower has the only housing purchased with a mortgage. This cannot be done even if he does not repay the debt for several months or years.

If the bank is able to prove that the borrowed citizen has been evading his obligations for a long time, the bailiffs can evict this person and his family to a specially created maneuver fund .

According to the legislation of the Russian Federation, the creditor has the right to recover his money from the debtor only in court.

It is also worth taking into account that if the amount that remains to be paid to the debtor is insignificant and cannot be compared with the amount that has already been returned to the creditor, then the lender will not be able to get his money even through the court.

The process of obtaining an advance payment for a mortgage at Sberbank

Buying an apartment with a mortgage from Sberbank has some differences from other credit organizations. After receiving a loan decision, the bank gives a period of 4 months during which you need to find an apartment.

You should find a suitable living space, check all legal issues, collect the entire package of documents and sign a credit agreement.

Sberbank does not have strict restrictions regarding the building in which the apartment being purchased is located. The only prohibition concerns redevelopment. It must be legalized or the owner of the living space must confirm that he will return everything to its original form. In addition, Sberbank requires an officially executed preliminary agreement.

An advance or deposit agreement is signed, which describes the conditions in detail, as well as a preliminary agreement in the Sberbank form, which is a formal requirement.

The buyer must transfer the down payment to his own account with this credit institution. In the event that a certain amount has already been transferred to the seller, he provides a receipt. This protects against transactions of a dubious nature.

Transfer of collateral to the bank

Advice from lawyers:

1. The bank refuses to issue permission to transfer the collateral. Where can I go?

1.1. Unfortunately, nowhere. You are bound only by the bank.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. Exchanged my trading car for another with an additional payment. I borrowed money from the bank using this car as collateral. I drove for two days and the gearbox started acting up. I want to return my car so that this loan will be removed from me. Where to contact.

2.1. It is necessary to terminate the contract through a claim procedure.

Did the answer help you?YesNo

2.2. Hello! A car purchase and sale agreement and a loan agreement are two different legal relationships. First, contact the seller with a request to terminate the contract of purchase and sale of the car (obligatory within 14 days from the date of purchase). Most often, the seller refuses to voluntarily fulfill the buyer's request. Then, it is necessary to carry out an independent examination and file a claim in court. If possible, take the help of a qualified lawyer, since such a matter may seem simple at first glance.

Did the answer help you?YesNo

2.3. Hello. You need to terminate the purchase and sale agreement. As practice shows, for this you will have to go to court.

Did the answer help you?YesNo

2.4. It’s not a fact that you will succeed. We need to look at the terms of the contract, first...

Did the answer help you?YesNo

3. A municipal unitary enterprise, to which the administration of the city of Chelyabinsk transferred property for economic management, received a loan in the amount of 500 thousand rubles from Zenit Bank. secured by four trucks and two cars. The administration decided to seize two workshops and the above-mentioned cars from the municipal unitary enterprise and transfer them to another municipal unitary enterprise for economic management. Did the municipal unitary enterprise have the right to enter into an agreement on the pledge of property under its economic control?

3.1. Good afternoon The law allows you to enter into a collateral agreement, otherwise the bank would not issue a loan against collateral. In accordance with paragraph 2 of Art. 295 of the Civil Code of the Russian Federation An enterprise does not have the right to sell real estate owned by it under the right of economic management, rent it out, pledge it, make a contribution to the authorized (share) capital of business companies and partnerships, or otherwise dispose of this property without the consent of the owner. The rest of the property owned by the enterprise is disposed of by it independently, except for cases established by law or other legal acts. According to paragraph 3 of Art. 18 of the Federal Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 N 161-FZ A state or municipal enterprise disposes of movable and immovable property only to the extent that does not deprive it of the opportunity to carry out activities, goals, objects, the types of which are determined by the charter of such an enterprise. Transactions made by a state or municipal enterprise in violation of this requirement are void.

Did the answer help you?YesNo

4. What is the validity period of the spouse’s consent to purchase and pledge an apartment to the bank for a mortgage? We want to refinance, the agreement was on June 25, 2020, do we need to do it again?

4.1. Hello Nadezhda! The validity period of a notarized spouse's consent is not limited in time, since it depends on the timing of the transaction.

Did the answer help you?YesNo

5. I bought a car that is pledged to the bank, but for some time I needed money and I took out a loan secured by the vehicle title. The agreement is drawn up in such a way that the transaction is essentially a purchase and sale agreement with a deferred provision of the car. Regarding non-repayment of the debt, there is a clause where it says that if I avoid transferring the vehicle, then I am obliged to pay them interest and the amount of compensation. The question is whether they can take my car through the court or not.

5.1. Good day! If you actually bought a pledged car, then the bank will have the right to foreclose on it and sell it through auction. You have the right to demand that the seller terminate the purchase and sale transaction if the contract contains a condition that the car is not under arrest or encumbrance.

Did the answer help you?YesNo

6. Does Sberbank have the right to require a technical passport for a house when transferring this house to the bank as collateral? As far as I know those. passport cancelled. Is it possible? replace the passport with another document, which can be provided by a cadastral engineer or, for example, by a housing commission under the district administration.

6.1. Sberbank has its own rules for issuing a loan; this issue can only be resolved with the bank.

Did the answer help you?YesNo

6.2. Good afternoon Sberbank requires a technical passport issued by the Federal BTI for consideration of residential buildings. This is a requirement of the bank for consideration of the object; it cannot be replaced with another document.

Did the answer help you?YesNo

7. I bought a car on credit secured by this car. After 3 days I returned it to the salon due to a malfunction. Required replacement. The salon agreed, and the documents for a new car were drawn up. Including the transfer act. But they don’t give the car back, citing the fact that we have to wait 2 weeks for the bank to change the collateral.

7.1. Hello. This is possible, but you can clarify these conditions with the bank itself if you do not trust the car dealership.

Did the answer help you?YesNo

8. I plan to purchase a car from the bank under an agreement on the assignment of the right of claim (Assignment). In the documents on the transfer of the right of claim, it is not indicated anywhere that the car is collateral, and it is not in the public database of collateral. Can there be problems when registering a car?

8.1. Hello Dean! If there are no restrictions or prohibitions in the database, then you should not have any problems with registration.

Did the answer help you?YesNo

9. While married, I purchase an apartment with a mortgage, the down payment is from the sale of my property. Unfortunately, the marriage contract has not been drawn up. A notarized consent of my husband was drawn up for the bank for me to purchase and pledge the purchased apartment to the bank. Is it possible, after entering into a mortgage, to draw up a marriage contract that after the encumbrance is removed, the apartment becomes my property only?

9.1. Good afternoon Of course you can, contact your nearest notary to draw up the contract. RF IC Article 41. Conclusion of a marriage contract 1. A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage. A marriage contract concluded before the state registration of the marriage comes into force on the date of state registration of the marriage. 2. The marriage contract is concluded in writing and is subject to notarization.

Did the answer help you?YesNo

10. I took out a car loan, the car is pledged to the bank, I lost my job, I have a debt, I am currently ready to pay, but I have no funds to pay the debt. When submitting documents to court, will the car be confiscated immediately?

10.1. No, not immediately, only after the court decision to foreclose on the car comes into force and the bailiff initiates enforcement proceedings.

Did the answer help you?YesNo

11. • There is a clause in the ADU: Participants express their consent to the pledge of a land plot with a cadastral number to the Open Joint Stock Company Sberbank of Russia... It is clear that this means that the developer has a loan secured by the land. Please explain under what conditions the encumbrance is lifted if the developer is not in a hurry to repay his loan to the bank?

11.1. Good afternoon If the house is eventually put into operation and the investors of the apartments register ownership, within the framework of the law, it is the investors who become the owners who will ultimately become the owners of the land plot occupied by the residential building. RF IC Article 35. Transfer of the right to a land plot when transferring ownership of a building, structure 1. When transferring ownership of a building, structure located on someone else's land plot to another person, he acquires the right to use the corresponding part of the land plot occupied by the building , construction and necessary for their use, on the same terms and to the same extent as their previous owner.

Did the answer help you?YesNo

12. The car was re-registered to the new owner, the new owner only has a purchase and sale agreement. There are no supporting documents for the transfer of money to the seller. The traffic police checked the car. Is there any way to find out whether the river is secured by the bank or not?

12.1. You can, of course, find out in the register of pledges.

Did the answer help you?YesNo

13. When buying an apartment with a mortgage, it turned out that when the ownership of the apartment was transferred to the seller, privatization was not carried out in the name of his minor sister, the bank refuses to take the apartment as collateral, demands to pay for a detailed check by lawyers so that they write down recommendations that will allow you to purchase the apartment. Is it worth taking this step? Or is it better to refuse to buy such an apartment?

13.1. Good afternoon Of course, refuse, there may be legal disputes about the ownership of this apartment.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. I want to buy a car. It is pledged to the bank. The seller wants to repay the loan with my money. The title is in the hands of the seller. How to avoid trouble? What documents or receipts should I prepare before transferring money?

14.1. Hello. Well, you write down in the sales contract the seller’s obligation, for example, to repay the loan debt for the car within 3 days, but he won’t pay. Then you start to have hemorrhoids with blood vessels, do you need it? If you really want this particular car so badly, it’s easier to agree with him that on the day of purchase and sale you go with him to the bank and he pays off ahead of schedule in front of you (first, he must notify the bank about the early repayment, and you make sure that he repays exactly that car loan). Take a loan repayment certificate.

Did the answer help you?YesNo

15. Please tell me whether the purchase and sale agreement for a car can be terminated if the acceptance certificate for the transfer of the car contains the signature of the seller, which has no claims against the buyer? The amount was transferred in full, but as it turned out later, the car was pledged to the bank. Thank you.

15.1. Well, yes, this is a good reason, but recognizing a purchase and sale agreement is one thing, but what are the grounds for recognizing a transaction as invalid, misrepresentation, for example, deception.

Did the answer help you?YesNo

15.2. Yes, this is grounds for termination. Only if the pledge is not listed in the register.

Did the answer help you?YesNo

16. DU. The developer is acting lawfully, referring to Federal Law-214, having written in the contract: “the participant expresses his consent to the transfer as collateral (including subsequent) to credit organizations and banks the right to lease a land plot, real estate objects located and being built on it, including, not limited to shared-equity and unfinished construction projects (apartment building, apartment).”

16.1. What confuses you about this formulation?

Did the answer help you?YesNo

17. We bought a car in 2020 from the first owner, provided an acceptance certificate for the transfer of the title with the bank inspector that the loan was fully paid, and two days ago when I wanted to trade the car they said that it was pledged, they called the bank and they said that the loan was repaid in full and they cannot understand why she was not released from bail even though almost three years had passed.

17.1. Hello, Alexander! This happens: the loan was paid off, but the bank employees were too lazy to send information about the removal of the collateral to the REO.

Did the answer help you?YesNo

17.2. I recommend that you contact the bank or go to court.

Did the answer help you?YesNo

18. A preliminary agreement for the purchase of an apartment was concluded, a deposit was given, by November 29 inclusive the seller must prepare documents for transfer to the bank, the deadline is approaching, but there are no documents, it turns out that on November 30 the contract will be invalid and we will have to return the deposit?

18.1. Good evening, Valeria! Its validity remains in any case until the parties fulfill their obligations! You need to contact the seller to see if he intends to sell the property. If yes, and the circumstances for which the documents have not yet been prepared are resolved, you should just wait... In any case, the delay of the Seller through his fault plays in your favor, in the future, after registering the property in your name, you will also be able to charge the seller a penalty for untimely preparation of documents and violation of the terms of the preliminary agreement. If the seller tells you that the transaction will not take place, then he is obliged to return your deposit. Usually in preliminary agreements the amount of the deposit to be returned is doubled!

Did the answer help you?YesNo

19. The bank sent a notice of the transfer of collateral property under an assignment agreement to a third party. In this case, the debtor's salary is collected. They didn’t show me the assignment agreement, they didn’t tell me how much the collateral was sold for, I think that at the beginning they should have offered me to buy the collateral. Or I'm wrong? Thank you.

19.1. Hello. No one is obligated to show you the assignment agreement or other documents. You are only required to send a notification that the right of claim has been assigned to someone.

Did the answer help you?YesNo

20. I am a shareholder, the developer is asking for a notarized consent to transfer the land plot under the house as collateral to the bank for a loan to continue construction. What does this mean for me and how will it affect my further actions with the apartment (sale, etc.)

20.1. This means that the developer does not have money to continue construction. According to the contract, when is the completion date of the house? And at what stage is the construction now?

Did the answer help you?YesNo

We purchased non-residential premises from the buyer, who and the developer did not take part in shared construction; a purchase and sale agreement was concluded with a transfer acceptance certificate.

My husband and I are buying an apartment, not with a mortgage, we want to invest maternity capital in the purchase, but the child is not yet 3 years old.

The remaining balance on the loan is less than 50 million, and the collateral is much higher.

We are required by the bank to carry out identification for consent to purchase an apartment and transfer it as collateral to the bank. What does this mean and how is it formalized?

The couple took out a mortgage against the apartment. The text of the power of attorney from the spouse said this:

What documents must be submitted to the bank to pledge a newly built house?

I finance the purchase with my own funds + loan funds. The spouse does not contribute money to the purchase.

1.What are the risks in the case of a prenuptial agreement after acquiring property rights?

One apartment and a share in another apartment were transferred under a gift agreement from son to mother.

The LLC is the owner of two premises in one building (there are only two premises in the building).

I took out a car on credit, the car was pledged by the borrower's Bank. Due to the loss of my job, I can’t afford to repay the loan.

Deposit for the sale of real estate

The “deposit” refers to the portion of the total amount that will be withheld in the event of a violation of the terms of the transaction by the buyer. This is an additional guarantee that leads to the fulfillment of our obligations. It is very important to competently approach the issue of documenting the collateral. In today's unstable conditions, many different events can occur that could affect the transaction: the buyer will lose money, a financial crisis will break out, real estate prices will change, and as a result, one of the participants, the transaction will become unprofitable.

Return of the deposit if the bank refuses a mortgage

There is a serious risk that a banking organization will refuse to receive a loan. Based on this, the issue regarding the return of the deposit if the bank has not approved the apartment for a mortgage comes to the fore. There is no universal remedy for this. However, with the right approach, you can protect yourself.

As part of the mortgage transaction, you should carefully approach the issue of drawing up a preliminary agreement. It must indicate exactly the amount that will be paid for the apartment from your financial savings, and how much will be taken from the credit institution. All guarantees must be indicated, and if they are not met, the amount of compensation for losses incurred.

It is also noted that there is no legislatively uncoordinated redevelopment of residential space. Otherwise, the seller must independently resolve these issues and make the necessary changes to the documents when going to the BTI.

If he must provide the banking organization with documents confirming ownership of the residential premises, then an exact deadline should be indicated. If necessary, the consent of the spouse is indicated.

It is necessary to indicate that the deposit will be returned to the buyer if the bank refuses to issue a mortgage agreement.

Important! At the legislative level, according to the Civil Code of the Russian Federation, the deposit should be returned in full if the obligations under the contract were terminated before it actually began to be fulfilled. This may include the bank’s refusal to issue a loan for the purchase of an apartment with a mortgage.

Grounds and procedure for removing the encumbrance

Removal of collateral from a debtor may occur in the following cases:

• if the borrower pays the bank on time and in full;
• if the court has decided to evict the debtor’s family from the apartment and transfer the residential premises into the ownership of a banking institution.

In case of repayment of the debt, the procedure for removing the collateral encumbrance occurs as follows:

1. The mortgagor submits an application to the territorial branch of Rosreestr to remove the encumbrance of the pledge and attaches to it a mortgage note, which must bear a stamp indicating full repayment of the debt indicating the date of the last payment.
2. Within three working days, Unified State Register employees review the application and make appropriate changes in their database.
3. At the request of the lender, the mortgage can be returned.

If the borrower does not fulfill his obligations under the contract and must be evicted from the apartment by a court decision, the procedure for removing the lien encumbrance is slightly modified:

1. The bank submits an application to Rosreestr to remove the collateral encumbrance and attaches the original or a copy of the court decision to it.
2. Within three working days after filing the application, civil service employees make changes to the database and notify the court and the bank about this.
3. After receiving an extract from the Unified State Register, ownership of the residential premises passes to the bank.

Deposit

After the buyer has found a property, he must obtain mortgage approval from the bank. As a rule, all further actions on the transaction are agreed upon between the buyer and a specialist from the lending bank, on the one hand, and also the seller and his realtor (if any) on the other. The buyer negotiates with the seller the amount of the deposit.

Next, the buyer must notify the bank that he intends to make a deposit and name the exact amount. This is taken into account when forming a mortgage loan.

To formalize the deposit, an additional agreement is used between the buyer and the seller, and the money is transferred against receipt.

Article 381 of the Civil Code of the Russian Federation. Consequences of termination and failure to fulfill an obligation secured by a deposit

1. If the obligation is terminated before the start of its performance by agreement of the parties or due to the impossibility of performance, the deposit must be returned.
2. If the party who gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit.

This is important to know: Buying an apartment in shared ownership: registration procedure

In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract.

Agreement

It is not customary to have a deposit agreement certified by a notary, but this is not prohibited. The document must include :

• passport details of the parties;
• data on real estate parameters;
• deposit amount. Indicated in both numbers and words;
• full cost of the apartment;
• information that no one is registered or registered in the apartment. If the situation is the opposite, such information is also indicated;
• inventory value, which must correspond to the certificate issued by the BTI;
• section on the responsibilities of the parties;
• details and signatures of the parties with a transcript;
• date of the purchase and sale transaction;
• date of the agreement.

After signing, each party receives a copy. Money is transferred. The document comes into force.

Payment amount

When determining the amount, the parties are guided by conditional agreements :

1. A percentage of the total cost of the apartment, which is usually 5%.
2. A single amount agreed upon between the parties: 50 or 100 thousand rubles.

Receipt

Lawyers also advise the mortgage recipient to take a receipt from the seller for receipt of the deposit. It is drawn up on a blank piece of paper with a pen. It must reflect the circumstances of the transfer of money, personal data of the parties, data about the property, and the date.

As a down payment

The buyer has the right to use the deposit as a mandatory down payment . To do this, he must notify the bank of his intentions and stipulate the corresponding circumstance in the purchase and sale agreement.

The fact of transfer of the deposit on the day of signing the agreement at the bank is confirmed by relevant documents (preliminary agreement and receipt). Further, the purchase and sale agreement states:

• mortgage loan amount;
• own funds;
• deposit size.

Apartment pledge law

Advice from lawyers:

1. The defendant died. At the time of death he had alimony debt. I checked the apartment according to the state register, the phrase 77:03:0009001:3678-77/007/2020-3 dated 04/30/2020 was written (Pledge by force of law). What does it mean? Could they sell it with a debt and can this be challenged?

1.1. This apartment is pledged, most likely from the bank. It cannot be sold. Alimony debt obligations are transferred to heirs by force of law.

Did the answer help you?YesNo

1.2. Most likely, during the life of the debtor, the apartment was seized and put up for auction by the FSSP of Russia, or a ban on registration actions was imposed. In this case, it is better to contact the FSSP, they will give you accurate information. And advice on using websites less. The most reliable source to find out directly.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. We are buying an apartment, we decided to look at Rosreestr before checking the documents with lawyers, it says “pledge by force of law” since 2014. What does it mean? And is it dangerous for us to buy an apartment?

2.1. We need to figure it out. Find out from the owner.

Did the answer help you?YesNo

2.2. You need to look at the contract. Surely the seller bought this apartment, and the payment is indicated after registration of the right. It turns out that at the time of registration of the right, the contract had not been paid, the parties did not indicate that a mortgage does not arise by force of law, and the Rosregister automatically issued a mortgage. Rosreestr will not register your agreement until the seller provides evidence that he has previously paid for this apartment.

Did the answer help you?YesNo

2.3. This means that actions with the apartment are limited and it is the subject of collateral for some financial obligations. This should be indicated there in the statement. And you cannot buy it, since the Russian registry will not register the transaction.

Did the answer help you?YesNo

2.4. You simply cannot buy it without the consent of the mortgagee.

Did the answer help you?YesNo

2.5. Mortgage by law means the purchase of housing using a mortgage loan. Perhaps the main obligation has already been repaid, but the encumbrance has not been removed.

Did the answer help you?YesNo

3. I took out a cash loan from Vostochny Express Bank. The amount is 2,150,000-00 rubles secured by my apartment, which I personally bought for cash earlier. Was my loan issued as a mortgage? Did the bank break any laws? Why did they take out a mortgage?

3.1. There is no violation in the bank's actions. Mortgage is a type of pledge of real estate in which the property remains in the possession and use of the debtor, and the creditor, in the event of failure by the debtor to fulfill his obligation, acquires the right to receive satisfaction through the sale of this property. Like any other collateral, a mortgage is a way to ensure the fulfillment of obligations. It is necessary to distinguish between the concepts of “mortgage” and “mortgage lending”. In the second case, the loan is issued against real estate as collateral.

Did the answer help you?YesNo

4. We have a mortgage on a single home where a minor child is registered in a cooperative, they turned out to be Fraudsters are in prison for the driver, we are paying off the debt, there are 100 thousand rubles left, the bailiff calls me 3 times at 10 pm and says that in May the apartment is being prepared for auction, I tell her that according to the law, no one has the right to take it, but she threatens me, or that I think more, she wants money, tell me where to go so that they leave us alone and don’t touch the apartment.

4.1. In general, the bailiff is right; the only housing can be foreclosed on if it is pledged (mortgage). The question here is how legal it is to foreclose; you need to look at the value of the property relative to the debt.

Did the answer help you?YesNo

4.2. Complain to the prosecutor's office and the senior bailiff about the bailiff that he is bothering you at night. And I didn’t see in your question that a decision had already been made to foreclose on your apartment. If there is no such decision yet, then most likely it’s not even the bailiffs who are calling you, but the collectors. You can also file a complaint against them with the prosecutor's office and the police.

Did the answer help you?YesNo

5. In the documents from Rosreestr for the apartment I bought, there is an entry in the restrictions: pledge by force of law. Funds were not issued to the seller in full. The purchase and sale agreement contains a deadline for final payment. Is this related to e Tim and is it possible to remove this restriction and how.

5.1. Apparently, your purchase and sale agreement specifies these encumbrances and until you pay the full amount, the encumbrances will not be removed. The same encumbrances are imposed on an apartment purchased with a mortgage.

Did the answer help you?YesNo

6. Is it possible to conclude a loan agreement between individuals? persons (neither of the participants is an individual entrepreneur, and the purpose of the loan is also not related to this) secured by an apartment - are there any restrictions in connection with the amendments dated October 1, 2019 in Art. 6.1 Federal Law 353 "On consumer credit (collateral)

6.1. This agreement is possible, but it is subject to registration and must meet the requirements and otherwise will not pass.

Did the answer help you?YesNo

7. I am an individual entrepreneur, I work alone, my husband helps, if you need physical help, it turns out there is no other income. Currently in self-isolation, there are no orders. And I have a loan secured by an apartment, rent, tax for the 1st quarter of 2020, and so sales fell, but now they don’t exist at all. Are there any deferments or relaxations according to the law?

7.1. Hello. 1. The State Duma adopted a law on credit holidays in Russia. The borrower has the opportunity to contact the lender with a request to establish a credit holiday for up to 6 months if the income has decreased by more than 30% compared to the average monthly profit for the previous year. The opportunity to submit an appeal is valid until September 30, 2020. Credit organizations have the right to require a document confirming a decrease in income. The borrower is given up to 90 days to provide the document. 2. Contact the bank directly to provide a “credit holiday”.

Did the answer help you?YesNo

8. I bought an apartment. At the auction. It was pledged to the bank. The old owner does not pay Ipat 2020-02-09 15:48:47 Yak. Registered ownership in the MFC. The old owner does not want to move out of the apartment. What are my next steps to move into this apartment that are not contrary to the law?

8.1. File a lawsuit for eviction, and for forced entry into the apartment. Definitely both points.

Did the answer help you?YesNo

8.2. Hello, Guest, you can contact any lawyer on the site to provide you with services for drawing up a statement of claim to evict the former owner. First, you need to contact the owner with an official request to vacate the premises.

According to Part 1 of Art. 35 of the Housing Code of the Russian Federation, in the event of termination of a citizen’s right to use residential premises on the grounds provided for by the Housing Code of the Russian Federation, other federal laws, an agreement, or on the basis of a court decision, this citizen is obliged to vacate the corresponding residential premises (stop using it). Phone numbers are listed for all lawyers.

Did the answer help you?YesNo

9. The case concerns an inheritance share in an apartment. The owners are a son and daughter-in-law. My son died and my daughter-in-law wants to return the apartment to me, which I once formally transferred to them in order to obtain a mortgage (the apartment was pledged) to buy an apartment for myself. The mortgage has been paid off. And the inheritance also includes land and a broken car. The notary said that it was supposedly impossible to partially refuse the inheritance. Is the law really that stupid?

9.1. Yes, refusal of part of the inheritance is not allowed under Art. 1158 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

10. I’m going to buy a 2-room apartment from a woman I know. She inherited the apartment from her grandmother, and then only 1/2 of the apartment. The second part will be recognized by the court. I already gave her the deposit, and we signed an agreement. Can she sell me 1/2 of the apartment legally? And how soon can she do this after inheriting?

10.1. Hello! She can sell if she has registered ownership. If less than 3 years have passed since the death of the grandmother, the seller is obliged to pay tax.

Did the answer help you?YesNo

11. Is a loan secured by an apartment subject to Federal Law 353 On consumer credit (loan)?

11.1. Good afternoon, yes, it does.

Did the answer help you?YesNo

11.2. No. Federal Law 353 On consumer credit (loan) Article 1. Relations regulated by this Federal Law 2. This Federal Law, except for cases expressly provided for by it, does not apply to relations arising in connection with the provision of consumer credit (loan), the borrower’s obligations under which is secured by a mortgage.

Did the answer help you?YesNo

12. I wanted to rent an apartment, left 5 thousand rubles as a deposit to the Realtor, after 5 days I said that I couldn’t move, no contract was signed, he said that it was a deposit, not a deposit and that the deposit was bilateral, but now he says, that I left a deposit, which by law is not refundable, what should I do, is there a chance to get the money back?

12.1. Money can only be returned in court, Article 3 of the Code of Civil Procedure of the Russian Federation. You have a chance in court.

Did the answer help you?YesNo

12.2. Yes, there is a good chance of getting your money back. Submit a written complaint to the realtor. If it is not fulfilled, go to court.

Did the answer help you?YesNo

12.3. There is practically no chance, because there is NO piece of paper that you transferred the money. You can file a police report against the realtor alleging that he fraudulently misappropriated money. He will be called, he will give explanations with which you can confirm the transfer of money. And collect it in court.

Did the answer help you?YesNo

13. I want to buy a seized/mortgaged apartment at an auction by decision of a court of general jurisdiction as part of enforcement proceedings. The following encumbrances have been imposed on the apartment (arrest on the registry by a bailiff, arrest by the court, lien by virtue of a mortgage. In total there are 12 arrests in total). When purchasing this apartment, are all arrests and liens removed? Please provide a link to the law? What pitfalls may appear when lifting arrests?

13.1. Hello. As part of the procedure for the sale of pledged property, restrictions will be lifted, if, of course, all these restrictions are established within the framework of one consolidated enforcement proceeding. The pitfalls are always the same - the impossibility of lifting the arrest until all conditions are met. 12 is somehow too much for an unambiguous answer to your question. The procedure is not simple. Study the regulatory framework. Regulation: Chapter 9 (Article 90) of the Federal Law on Enforcement Proceedings, Federal Law of July 16, 1998 N 102-FZ (as amended on August 2, 2019) “On Mortgage (Pledge of Real Estate)”

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. I bought an apartment with a mortgage 7 years ago. Pay for another 3 years. Recently I decided to look at the Unified State Register extract. And I discovered that: Type of restriction: Mortgage by force of law. The person in whose favor the restriction of rights and encumbrance on the property is established: Former owner. Question: is the apartment pledged not to the bank, but to the former owner? And if so, why?

14.1. Good evening. It is necessary to review the purchase and sale agreement. It must indicate in whose favor the encumbrance is established. Of course, registration errors cannot be ruled out. If you have any questions, write, I will try to answer you.

Did the answer help you?YesNo

15. I currently want to take out a loan of 2,000,000 rubles. secured by an apartment with the help of brokers, I know that I will pay them a premium for their help in approving a loan from banks! No bank will give me a loan, because... I have a financial burden, the question is: Is it true that this transaction is on legal grounds, i.e. in law! Can I be scammed about my apartment?

15.1. Not only can they, but they will heat it up to the fullest extent. There are no official credit brokers. If banks don’t give you a loan, then who will give you a loan? At a minimum, they will do the purchase and sale of an apartment and you will still owe money.. I don’t advise you to get involved without a lawyer or advocate at all..

Did the answer help you?YesNo

16. An agreement was concluded between individuals. persons to rent an apartment. According to the agreement, if a resident lives for less than 3 months, the deposit for the apartment remains with the owner of the apartment. The tenant has lived for 1.5 months and wants to move out and wants to return the deposit for the apartment, citing Article 161 of the Civil Code of the Russian Federation, namely: 2) transactions between citizens for an amount exceeding ten thousand rubles, and in cases provided for by law - regardless of the amount of the transaction. Monthly rent for the apartment is 30 thousand rubles. Who is right?

16.1. Roman, to answer your question, you need to read the lease agreement, but you are both wrong, since the pledge is subject to state registration.

Did the answer help you?YesNo

16.2. Good afternoon The situation is unclear: Art. 161 of the Civil Code regulates the execution of transactions in simple written form. Haven't you got your lease in writing? If there is no written agreement, then the tenant will not be able to prove that he transferred the deposit to you. If there is a written agreement, and it states that the deposit remains with the landlord, then the tenant has no grounds for collecting the deposit. In any case, you are not required to return the deposit.

Did the answer help you?YesNo

17. If a loan secured by an apartment is repaid by a guarantor, then whose apartment will be legally owned?

17.1. The apartment will be the one in whose name it is registered, if the guarantor pays the loan, in the future he can, by way of recourse, recover from the debtor the amount that he will pay to the bank.

Did the answer help you?YesNo

17.2. The debtor's ownership will not change. But the guarantor has the right to recover from him all amounts paid to the bank.

Did the answer help you?YesNo

18. Should heirs pay the deceased’s loans before officially inheriting under a will? The bank (which has the deceased’s apartment as collateral) calls and threatens. I’m telling you that until I inherit, I’m not going to pay anything. Who is right? And what article of the law is provided for this?

18.1. Good evening, Karina! What you need to do is very simple: calculate what is more profitable. If you do not pay, there will be penalties and interest, which you will still have to pay when you inherit. And if you pay now, then after you inherit the inheritance you will not have to pay penalties and fines. Therefore, weigh everything calmly, without emotions.

Did the answer help you?YesNo

18.2. There is no need to pay anything until you inherit. The bank is simply intimidating. The accrual of penalties and fines is also unlawful; the contract must be suspended. If you do not inherit, the loan must be written off due to the death of the borrower. The pledge is realized by the bank through sale. The loan will also be covered by insurance, if any. - see art. 1152-1153 Civil Code of the Russian Federation.

Did the answer help you?YesNo

19. I sold the apartment, but the Buyers had to pay in installments—there was a lien on the property—a mortgage by force of law. The transfer took place from account to account. To remove the encumbrance, do they need to present receipts or is it enough to present a personal account statement? If the Seller does not have an obligation to remove the mortgage in the contract, can the Buyer apply any sanctions?

19.1. You can't understand anything. We bought an apartment with a mortgage.

Did the answer help you?YesNo

19.2. Alena, to remove the encumbrance from the apartment in your case, you need to write an application to the MFC for the removal of the encumbrance and attach documents confirming that the payment has been made in full. If the money was transferred in cash, provide a receipt; if it was transferred from account to account, provide a bank statement, according to which you can see the transfer and crediting of money. The MFC will accept any document, receipt or extract, the main thing is that it confirms the settlement under the contract in full. Both parties to the agreement must appear at the MFC. If the seller does not show up to submit the application, you can force him to take legal action.

Did the answer help you?YesNo

20. I bought an apartment with a mortgage from SB and it is pledged to the bank, I need a small loan amount, physical. the person will give only on the security of the apartment, does the law allow putting a 2nd security on the apartment.

20.1. No, there can only be one deposit.

Did the answer help you?YesNo

20.2. Yes, admission, but better notarized.

Did the answer help you?YesNo

20.3. A subsequent mortgage is permitted unless it is expressly prohibited in the previous mortgage agreement (therefore, read the mortgage agreement). In addition, you are required to notify the new mortgagee about the existing mortgage, as well as notify the previous one (the bank) about the subsequent mortgage. See Chapter 7 of the Federal Law “On Mortgage (Pledge of Real Estate)” dated July 16, 1998 N 102-FZ.

Did the answer help you?YesNo

A friend asks to borrow an amount of 200 thousand rubles. secured by an apartment. But I'm sure he won't be able to give everything on time.

What does a clause in a loan agreement secured by an apartment look like in the eyes of a lawyer:

I rented an apartment in Chelyabinsk for 20,000 rubles and paid a deposit of 20,000. Lease agreement for 11 months,

Do they have the right to foreclose on the only housing under a b agreement by virtue of the agreement (the consumer loan was taken out as collateral for the apartment)

If my husband took out the mortgage himself, I gave notarized consent to the transaction and consent to

If the USR certificate states “a pledge by force of law”, but the encumbrance period is not decree, the apartment was purchased using credit funds under a purchase and sale agreement.

According to the new law that Putin signed on deferring payments on a mortgage loan, I have a loan secured by an apartment (is this the same thing or..?

I'll start right away with the situation. A person I know asked for a million rubles as security for real estate (2-room apartment)

When removing the encumbrance from the apartment, we were told that there were two entries for repaying the mortgage and the pledge by force of law, what could the last entry mean? Thank you.

Such a circumstance. Family with 2 children. The youngest was born in 2020. There is a mortgage, but the apartment was purchased before birth and before the law.

When receiving a certificate of the right to inheritance, is the law required to provide a certificate stating that the property is not pledged?

Pledge

Pledge (Article 339, Chapter 23 of the Civil Code of the Russian Federation) is another form of additional guarantee for the fulfillment of undertaken obligations . The collateral is not cash, but property.

It is executed by a notary. The agreement specifies information about the pledgor and pledgee, information about the pledged property, risks and responsibilities of the parties, requirements and validity periods.

After the terms of the pledge agreement are met and its validity period expires, the property is returned to its owner.

Commentary to Art. 334 Civil Code of the Russian Federation

1. Among the most important features of collateral, inherent in most of its types, the following can be noted:

a) the rights of the pledgee (the right of pledge) are the rights to someone else’s property;

b) the right of pledge follows the thing (the transfer of ownership or the right of economic management from the pledgor to another person does not terminate the pledge relationship);

c) the pledge is derived from the main obligation. The derivativeness of a pledge from the obligation it secures is manifested in the fact that a pledge obligation arises insofar as the underlying obligation exists. A collateral relationship cannot arise if there is no underlying obligation;

d) the pledge is dependent on the main obligation: the fate of the rights of the pledgee depends on the fate of the obligation secured by the pledge.

2. Special rules are established in relation to the pledge of land plots, enterprises, buildings, structures, apartments and other real estate (Article 130 of the Civil Code of the Russian Federation). The pledge of the specified property is called a mortgage.

Special law.

Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)”.

The mortgage agreement is subject to registration in the manner established for registration of transactions with the relevant property.

Satisfaction of the mortgagee's claim at the expense of the subject of the mortgage is possible without going to court on the basis of a notarized agreement between the mortgagor and the mortgagee. The termination of the mortgage must be noted in the register in which the mortgage agreement is registered.

The rights of the mortgagee may be certified by a mortgage. A mortgage gives the right to receive performance under a monetary obligation secured by a mortgage of the property specified in the mortgage agreement, without providing other evidence of the existence of this obligation.

3. The basis for the emergence of the right of pledge is usually an agreement. It is relatively rare that a pledge arises on the basis of law. In this case, the relevant law must indicate: a) legal facts, in the presence of which the right of pledge automatically arises by force of law; b) subject of pledge; c) an obligation secured by a pledge. An example of a pledge by force of law may be the provision of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”: “To ensure the fulfillment of the obligations of the developer (mortgagor ) according to the agreement, from the moment of state registration of the agreement with the participants in shared construction (mortgagors), the land plot provided for the construction (creation) of an apartment building and (or) other real estate object, which will include objects of shared construction, is considered to be pledged, a land plot owned by the developer on ownership, or lease right to the specified land plot and an apartment building and (or) other real estate object being built (created) on this land plot.”

The science.

The right to foreclose (in case of default) on a thing determined in advance: 1) regardless of whether it continues to belong to the debtor or not, and 2) in preference to all other claims - is called a lien right. A lien is a type of right to someone else's property. The purpose of this right is to ensure the fulfillment of obligations.

I.B.Novitsky

Arbitrage practice.

Presentation of a bill of exchange transferred on the basis of a pledged endorsement for payment and receipt of funds for it was in this case one of the ways to exercise the rights of the pledgee of the pledged bill of exchange (information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 21, 2002 N 67).

Prepaid expense

Unlike a deposit, the concept of “advance” is absent in the legislation of the Russian Federation, being essentially just a term from accounting . There are also no legal consequences regarding the advance.

If we talk about the amount of the advance, then in each individual case it is negotiated specifically with the seller. Usually the amount is much higher than the deposit and is about 30-40% of the cost of the apartment.

If the deal fails or is terminated for any reason, the advance must be returned.

Attention: Advance agreements are characterized by greater flexibility and the possibility of making changes during negotiations. In the case of a pledge, the actions of the parties and possible consequences are prescribed in the legislation.

Peculiarities

An advance agreement presupposes the establishment of regulations for the handling of advance funds. The contract specifies:

• information about the property;
• date and time of money transfer;
• advance amount.

Since there is no term “advance” in the legislation, the advance payment is often recorded by the parties as a receipt.

Forms of pledge

According to the Federal Law “On Mortgages”, there are two types of mortgages in the Russian Federation:

1. Negotiable mortgage. It arises if the bank and the credited citizen agreed to draw up an agreement, formalized it and recorded the fact of its signing in government agencies. If the borrower ceases to fulfill its obligations under the agreement, the bank has a preferential right to receive the collateral.
2. Legal mortgage. For this to happen, you do not need to sign any special documents. It is automatically installed when conditions specified by law are met. For example, the basis for its occurrence is the purchase of an apartment or the construction of a house with the involvement of funds from credit institutions.

The second type of mortgage has become very popular in the Russian Federation, which is associated with the following advantages:

• you don’t need a large number of documents to complete it (the borrower’s passport and information about his income are enough);
• a legal mortgage is registered fairly quickly by government authorities (maximum 5 working days from the date of signing the agreement);
• the parties do not need to draw up a separate agreement and pay a state fee for its registration;
• Unlike the contractual form of a transaction, it can almost never be declared invalid, and banks are much more willing to issue loans under such agreements.

Agreement differences

Agreements on advance payment and deposit differ in that the first one is, for the most part, a joint creation of the seller and the buyer. The second is a strict, effective lever for returning funds in case of an emergency.

The concept and regulatory actions with a deposit are spelled out in Articles 380 and 381 of the Civil Code of the Russian Federation. In the case of an advance payment, the guarantee is not the law, but a personal agreement between the parties.

Also, the advance agreement may not specify the conditions for the return of money. These conditions are mandatory in the deposit agreement. However, the type of prepayment is usually determined by the seller. The buyer will have to agree one way or another if he is determined to buy this particular apartment.

Find out important details from the video:

What if the bank refused?

This circumstance is often not taken into account when drawing up preliminary agreements.

The seller, in case of refusal of a mortgage to the buyer, can always refer to the fact that he has lost clients and time. And the buyer will have to try to return the deposit through the court.

Important : if the contract does not stipulate the conditions for the return of money, the buyer may lose his funds.

Therefore, even at the stage of drawing up the preliminary contract, it is necessary to take into account and specify the terms of return. In particular, it should be a mandatory clause that if the credit institution refuses to carry out the transaction, the advance will be returned in full.