Registering children in a mortgaged apartment in 2020

Legal aspects of registration in mortgage housing

When concluding a mortgage agreement, the borrower becomes the owner of the property, not the bank. Purchasing housing with loaned funds provides the buyer with similar rights as when purchasing housing with their own money.

But still, the credit institution acts as the holder of the collateral property, which is provided for in

There is no need to doubt whether you can register in an apartment taken on a mortgage. There is no direct prohibition in regulatory legal acts. However, this question arises very often, since at the federal level the nuances of registration in such real estate are not covered. Banks sometimes rely on this, unjustifiably increasing registration requirements.

The legislation provides for the possibility to challenge in court the terms of mortgage agreements that limit the right of registration.

However, when a borrower wants to register in an apartment if it is mortgaged, disputes may arise between him and the lender. Such situations often occur in practice, since there is no uniform regulation that governs registration in such conditions.

Re-registration

How to register a minor child in another apartment?

If it is necessary to discharge and register a child in another apartment, then you should strictly follow the instructions:

Contact the department of guardianship and trusteeship authorities for permission to discharge the baby. It will be received only if a new place of registration is available.
Collect the documents required in a standard case.
Appear at any registration authority.
Write an application for discharge and subsequent registration, and submit the prepared package.
Receive a receipt from the accepting employee stating that the application has been accepted along with the original papers.
Wait until the result is ready and show up with a receipt to receive it.

In some cases, obtaining permission from the guardianship and trusteeship authorities is not required. However, it is better to clarify this point in each specific case.

Restriction by the bank of the rights of the owner of the mortgaged property

Due to the absence of a law describing in detail the registration of a mortgaged apartment, banks independently develop regulations that affect registration issues. You need to carefully read the agreement concluded with a financial institution.

The agreement usually mentions whether relatives can be registered in the mortgaged apartment, what restrictions are imposed on the borrower and other nuances affecting the interests of the new owner.

Every bank is interested in safe and stable operation. An attempt to limit the rights of the owner is a way to minimize risks in case the borrower stops fulfilling loan obligations.

Registration in a mortgaged apartment

When concluding a loan agreement, most borrowers are interested in the question of when they can register in a mortgaged apartment. This can be done immediately after signing the document establishing ownership of the property.

The registration of other persons must be agreed upon with the bank so that disagreements and claims do not arise if these nuances are specified in the agreement.

An application is submitted to the financial institution to approve the registration of specific people, indicating their personal data, as well as the degree of relationship (or lack thereof) with the applicant.

The bank clarifies who can be registered in the mortgaged apartment in order to protect against the risks associated with non-repayment of the debt. A striking example: the Sberbank mortgage agreement.

It contains a prohibition on any encumbrance of the pledged property with the rights of third parties without the prior written consent of the creditor.

Usually you can register close relatives and children without any problems. More difficulties arise when registering other citizens. You almost always need to get the lender's permission. If the borrower decides to register third parties in the mortgaged apartment, circumventing the terms of the agreement, the financial institution may demand early repayment of the loan.

When to register in a mortgaged apartment

Based on practice in the matter of registration of premises purchased on credit, we can conclude that the borrower is allowed to begin this procedure immediately after completing the documents for mortgage and ownership.

To register relatives and strangers, you must first obtain the consent of the creditor.

Restrictions on registration in mortgage real estate

Whether registration in an apartment purchased with a mortgage is possible is discussed in the agreement concluded with the borrower. As mentioned above, sometimes the condition is simply notifying the bank of the intention to register children, other relatives and third parties. The following restrictions also apply:

The requirement to obtain the consent of a financial institution to register persons in an apartment that serves as collateral for mortgage lending.
Registration of a child in a mortgaged apartment is accompanied by a written obligation from the owner (parent) to remove him from registration if the borrower does not fulfill his obligations to pay the debt and penalties are imposed on the home.

Failure to comply with the terms of the agreement allows the bank to unilaterally terminate it, so all questions about registration should be resolved directly before signing the document. If any terms are in doubt, you may need to contact another financial institution.

Registration of children

Registering children in a mortgaged apartment is a common procedure. According to the law, the child is registered at the place of registration of the parents. This is a guarantee of the implementation of the owner’s rights to own and operate the living space. You can register a child on the basis of Art. 20 Civil Code of the Russian Federation.

If a baby was born after purchasing a home with an encumbrance in the form of a mortgage, he is automatically registered at the place of residence of the parents.

Still, it is better to provide for the child’s registration in the mortgage agreement in advance. If there is no such record, you should contact your financial institution for permission.

Please note once again: when answering the question of whether it is possible to register children in a mortgaged apartment, bank employees often mention the need to sign a written undertaking. The essence of the document is this: if monthly payments stop and the procedure for repossession of real estate begins, the owner voluntarily discharges the child.

Registration of co-borrowers

The co-borrower has equal rights and obligations with the borrower, therefore he is jointly and severally liable to the bank for repaying the loan (Article 323 of the Civil Code of the Russian Federation). The financial institution also takes into account its income when considering a loan application.

A co-borrower is attracted by the bank for a long-term loan and for a large amount, when the borrower does not have enough income. When purchasing a mortgaged apartment, such a person becomes a co-owner of the property. This is another good reason to register a person if the apartment has a mortgage.

The borrower and co-borrowers are considered the owners of the apartment, therefore their right to register in the mortgaged property cannot be limited.

Who will be the co-borrowers and how many of them there will be is determined by the bank. Typically, these include relatives of the main debtor: spouse, parents, brothers, sisters, and so on.

Features of temporary registration

Temporary registration in a mortgaged apartment is possible if the lender provides for this in the agreement. Most often, in the agreement, the bank discusses this procedure in relation to strangers.

The law requires temporary registration to be issued to people who change their place of residence for a period exceeding 90 days ( ). The maximum period for temporary registration is 5 years.

Consequences of failure to notify a financial institution

To ensure that registration when purchasing an apartment with a mortgage does not come into conflict with the bank, it is recommended to study in detail the registration provisions that the organization offers. If any of the points confuse you, you should look for an institution with more favorable lending conditions.

After signing the documents, the borrower can only adhere to the established requirements.

If the agreement specifies the obligation to notify the lender of the intention to register parents or someone else in the mortgaged apartment, these conditions must be observed, otherwise litigation may begin.

As a rule, if the borrower violates the terms of the agreement, the bank initiates unilateral termination of the agreement. In practice, there are situations when in this case the owner of a mortgaged apartment is required to repay the debt early.

Features and nuances

Obtaining registration for a child has some peculiarities that arise when registering premises of various forms of ownership. In addition, the age of the child is also important.

How to register a child in a secured apartment? If the property is pledged or mortgaged, you can still register a child in it. The consent of the bank or mortgagor is not required for this.

Can I register a child in an apartment without the consent of the tenant?

A child can be registered in municipal housing provided under a social tenancy agreement without the consent of the tenant or landlord and without taking into account the living space standards for one person.

We suggest you read: Do you need your spouse’s consent to buy an apartment?

This is the main feature, since in all other cases, someone can be registered only taking into account the standards established by law for living space. Other features and difficulties

Difficulties may arise in the absence of the consent of the owner or tenant for the registration of a minor. This is not an obstacle, but it can cause some complications in personal relationships.

How to register a child in another apartment after discharge?

How is registration in a mortgage apartment carried out?

The lender's representative (bank employee) usually explains how to register in a mortgaged apartment to the owner. The property owner, on his own behalf, fills out an application for registration. The rest of the family fills out a similar document on their own behalf. Parents do this for minor children.

Everyone who registers must attend in person. Family members can issue a power of attorney for the owner.

The Migration Service is ready to register the applicant without deregistration at his previous place of residence. To do this, during registration you need to submit 2 applications: for registration and for departure. It is also customary to contact housing offices, multifunctional centers and passport offices on this issue.

You can register in an apartment after purchasing it with a mortgage through. You need to register, gain access to your Personal Account, send an application and copies of documents remotely. After checking them, the borrower will receive a notification indicating where and when to appear to complete the procedure.

When applying in person, a citizen will have to visit the government structure three times:

Check the list of documents and make an appointment.
Submit papers for registration.
Pick up your passport or certificate.

As practice shows, in order to register in an apartment purchased with a mortgage, you often need to present to the registration authority employee a mortgage agreement containing a list of persons approved by the bank.

Stages of registration

The registration process for a mortgage apartment consists of several stages:

Notification by the borrower to the bank.
Review of information by financial institution.
The borrower contacts the passport office.
Filling out a tear-off coupon for simultaneous discharge and registration.

When registering as a non-owner, you must provide permission from the owner of the apartment.

Package of documents

Registration and mortgage are interrelated concepts when it comes to residential real estate. For the registration process to be legal, you will need a certain package of papers:

Application on form No. 6.
Passports of all adults and children over 14 years of age.
Military ID - for those liable for military service.
Certificate of departure from previous place of residence.
Marriage certificate (for registration of a family member).
Birth certificate of children (for minors).
A copy of the certificate of ownership of the apartment.

Additionally, you may need a copy of the page of the mortgage agreement, which mentions the possibility of registering third parties in the mortgaged housing. It is also worth attaching written permission from the bank.

How long does the procedure take?

The registration procedure for a mortgaged apartment usually takes no more than three working days. In difficult situations, the process may take a little longer, but it should not exceed 10 days.

Features of child registration

According to the legislation of the Russian Federation, minor children are registered with their parents. This also applies to how to register a child in an apartment taken on a mortgage. In this case, the consent of the owner, co-owners and even the bank is not required. The FMS may only require the mother's written consent, certified by a notary, if the child is registered in the father's living space.

By law, all children are discharged from one residential area to another only with the permission of the board of trustees.

Knowing the intricacies of the process of registration/discharge of children, the bank will include in the terms of the contract the obligation of the owner to independently register the child if a penalty is imposed on the housing.

A newborn is always registered for the first time at the place of residence of the parents. But registering a minor child in a mortgaged apartment is somewhat more difficult due to the intervention of the guardianship and trusteeship authorities in the process.

Child's share

There are several ways to allocate a share in a mortgaged apartment to a child:

by agreement of the parents;
under a gift agreement;
judicially.

It is worth mentioning the use of maternity capital - a certificate for the issuance of cash for the birth of a second or third child in the family. In 2020, its size is just over 453,000 rubles.

While the apartment is pledged to the bank, the recipient of the certificate or both spouses must issue a long-term commitment to allocate a share to the children after repaying the debt. However, the guardianship authorities require that children's parts be allocated even before the sale and purchase transaction is completed.

Not all banks agree with this requirement, because if payments are late, the financial institution takes away the mortgaged apartment, and the share allocated to children will interfere with its implementation.

To facilitate cooperation with banks, let us remind you which of them are ready to provide mortgages against capital. The most reliable lenders:

Sberbank. The average interest rate is from 11.10%.
DeltaCredit Bank (from 9.5%).
VTB (from 10.10%).
Bank of Moscow. You can use matkapital to pay off the principal debt.

The rates in Nomos Bank and UniCredit Bank are slightly higher - 11-14%.

Documents for child registration

Sometimes registering a child causes more difficulties than registering close relatives in a mortgaged apartment. The composition of the package of documents depends on many factors.

If the baby is not yet a month old, you must provide the mother’s application for registration of the child and his birth certificate.

The list of documents for registration of a minor child is compiled taking into account whether the parents are married and where they live:

application for registration at the child’s place of residence (form No. 6). The form can be obtained from the passport service;
birth certificate, marriage certificate;
parents' passports;
certificate of personal account;
a certificate from the place of registration of the mother (father) stating that the child is not registered with her (him).
consent of the father (mother);
certificate of divorce, establishing paternity.

The last two documents are not always required. In addition, there is no need to provide information that is already in the database, for example, an extract from the house register.

Refusal to register a child in a mortgaged apartment

As a general rule, the child must live at the place of registration of the parents. In most cases, registration of children goes without problems.

If the registration address changes, the guardianship authorities, under certain circumstances, may refuse to register the child in the mortgaged apartment. This is usually justified by the fact that the new housing is smaller in area than where the person lived before.

Registering a child without the consent of the creditor

Registration of third parties in a mortgaged apartment without notifying the bank threatens the borrower with negative consequences, but children can be registered legally and without the consent of the financial institution. To do this you should:

Submit a package of documents to the passport office at your place of residence, fill out an application and an arrival slip.
If a passport service employee requires permission from the bank, remind him of the provisions of Art. 20 Civil Code of the Russian Federation and
If registration is refused, write a complaint to a higher division of the Main Department of Migration Affairs of the Ministry of Internal Affairs and send it by registered mail with acknowledgment of receipt.
If the answer is negative, file a claim in court, attaching a copy of the refusal.

It is possible that after registering a child at the place of residence, the bank may impose a fine on the parents. It can also be challenged by filing a lawsuit in court.

Timing, cost and result

The wait for the final document to be ready can range from 3 to 9 days. The minimum period will pass when submitting an application to the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation. This period is 3 days. In other cases it will be about 5-7 days. However, when submitting an application online, the wait may last up to 9 days.

Obtaining a residence permit for a minor is not subject to any duties, taxes or other mandatory payments. This is a completely free procedure.

What documents are ultimately issued?

The result of obtaining a residence permit will be the receipt of a Certificate in the form prescribed by law.

It contains information about the child and his place of registration.

If the minor has reached the age of 14 and has already received a passport, then as a result of registration, a stamp will be affixed to this document.

For information on how to obtain a certificate of your child’s place of registration using Form No. 9, read our article.

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