Registration of ownership of an apartment with a mortgage: what documents are needed, how is the procedure for registering rights in Rosreestr, and what is its procedure in the MFC?

Limitations of the borrower's rights

The mortgage loan payer has the right to live in the purchased apartment, repair it and use it for the needs of his family. However, there are a number of restrictions on some actions that the owner cannot perform without the permission of the mortgagee:

registration in the apartment of persons who are not co-borrowers or co-owners;
alienation of residential premises;
apartment redevelopment;
concluding a rental agreement;
assignment of rights under a mortgage agreement (Article 38 of Federal Law No. 102).

All these restrictions apply until the mortgage loan is fully repaid and the encumbrance on the pledged property is removed.

Where to go to register property rights?

The body that registers the transfer of ownership of real estate is Rosreestr. However, you can submit documents for registration in different ways:

You can register ownership of the purchased residential premises by contacting the Rosreestr branch. To avoid problems with queues and save your time, you can register on the State Services portal and select the date and time of your appointment in advance in your personal account on the Rosreestr website.
You can also submit registration documents through any MFC office. You will have to wait a few days longer for the documents to be processed. The exact time of receipt of completed documents can be found on the MFC website by the number of the issued receipt or by calling the regional MFC hotline.
If the purchase and sale agreement is subject to notarization by force of law, or the parties to the transaction have made such a decision, then after completing all the necessary actions, the notary himself can send the documents for registration to Rosreestr.

Required documents

To register ownership of an apartment purchased on the secondary housing market, the following documents will be required:

passports of participants in the purchase and sale transaction;
application for registration of property rights;
contract of sale;
title documents for the purchased housing;
extract from the Unified State Register of Real Estate;
technical certificate;
notarized consent of the spouse to complete the transaction;
preliminary permission from the guardianship and trusteeship authorities (if minors were among the owners of the apartment being sold);
mortgage agreement and pledge agreement;
receipt of payment of state duty.

To register ownership of an apartment in a new building after putting the house into operation you will need:

passports of participants in shared construction;
agreement of shared participation in construction;
deed of transfer;
technical and cadastral passport of the house;
permission to put the house into operation;
a document confirming the assignment of a zip code and postal address to the property.

If the developer violates the terms of the DDU (for example, evading the signing of an apartment acceptance certificate), ownership can be registered on the basis of an appropriate court decision confirming the fulfillment of obligations by the participant in shared construction and his actual right to the acquired property.

List of required documents for registering ownership of an apartment

In order to register ownership of an apartment purchased with a mortgage, you will need a package of documents, which includes:

Application to Rosreestr.
Contract of sale.
Signed mortgage agreement.
Certificate of title from the previous owner.
Documents for real estate, including a technical passport, an explication certificate, and other extracts.
Receipt confirming payment of the state duty.

If necessary, Rosreestr may request additional documents, for example, the consent of the guardianship authorities, the consent of the spouse (if it is necessary to dispose of real estate that is joint property), etc. The package of required certificates may vary in each specific case. If everything is in order with the documents and they do not contradict current legislation, a re-registration of ownership is carried out.

You should remember the reasons why Rosreestr may refuse to register ownership:

Lack of some necessary documents.
Incorrect documentation.
Prohibition on real estate transactions.
Suspicion of fraud on the part of the applicant.

Step-by-step algorithm of actions

When the purchase and sale agreement for an apartment has already been signed by the parties, a full package of documents has been prepared, the following actions must be taken:

Decide which method is more convenient to submit documents for registration.
Make an appointment and submit documents at the appointed time.
Receive a receipt for documents acceptance.
On the appointed day, receive a registered agreement and an extract from the Unified State Register of Real Estate.
Provide a bank statement to transfer funds to the seller.

The document confirming the transfer of ownership will be an extract from the Unified State Register of Real Estate. It indicates the new owner of the residential premises, as well as a mark on the encumbrance of the property.

After registering ownership of an apartment in a new building, the documents received from Rosreestr must be submitted by the participant in shared construction to the bank to register it as collateral. It will also be necessary to evaluate the apartment to determine the market value and insure the home in accordance with the requirements of the mortgage agreement.

Procedure and required documents

Before registering ownership of an apartment with a mortgage, you must first obtain it. It is established for the real estate by the buyer from the moment of signing the primary documents:

Purchase and sale agreements (for secondary housing).
Transfer acceptance certificate (with participation in shared construction).

After the title documents have been received, you need to contact the creditor bank and take out a mortgage on the apartment. This is necessary in order to put a mark on the encumbrance in the USRN record and receive funds for the mortgage loan.

Next, you need to prepare a package of documents. The detailed algorithm of actions and the list of required documents will depend on where and how you decide to register ownership of a mortgaged home.

In Rosreestr

In order to register ownership of an apartment through Rosreestr, you must prepare the following package of documents:

Passport.
Title documents (sale and purchase agreement, shared construction agreement).
Certificate of acceptance and transfer of premises.
Receipt for payment of duty.
Apartment plan.
Loan agreement with the bank.
Mortgage.

Through MFC

If ownership of mortgaged housing is registered at the MFC, you will need to provide the same documents as for Rosreestr. After receiving the package of documents, MFC employees are required to issue a slip - a receipt for the receipt of papers.

Note! MFC employees are not required to check whether all documents have been provided, and are also not required to check that they are filled out correctly. They are only intermediaries between Rosreestr and the property owner.

In addition to the main package of documents, you may also need additional certificates, certificates and extracts , this could be:

Notarised power of attorney.
Birth certificate of children (if the property is registered in their name).
Certificate from BTI.

Deadlines and costs

The timing of registration of an apartment directly depends on the chosen method of transferring documents for state registration:

Through the Rosreestr branch	7 days
- if there is a notarized agreement	3 days
- if there is a court decision	5 days
Through the MFC branch	9 days
- if there is a notarized agreement	5 days
Through a notary	3 days

Please note that deadlines are indicated in working days. The period for reviewing documents may be extended if additional documents are required.

The state fee for performing actions to register property rights is 2,000 rubles.

Actions after registration of ownership of the apartment

After registering an apartment in an unfinished building as a property, the new owner must contact the bank to confirm the fact of the imposition of an encumbrance. This is a mandatory requirement that is stated in the mortgage agreement.

Only after the borrower becomes the full owner of the property is an encumbrance placed on the apartment. To do this, documents are submitted to Rosreestr, where a note is entered into the database that the property is pledged. This applies to apartments purchased under DDU, when ownership rights cannot be issued immediately. If the house has already been delivered, then the encumbrance is imposed immediately, upon registration of ownership and after the provision of a mortgage. The borrower will only need to contact the bank to confirm the fact of encumbrance on the apartment.

The encumbrance is removed only after the debt is repaid. Until this moment, any legal manipulations with square meters are prohibited.

If this condition of the contract is not fulfilled, the bank may terminate the transaction in court and oblige the borrower to pay the entire amount of the debt.

How to remove the encumbrance after paying off the mortgage?

Once the mortgage loan is fully repaid, the encumbrance on the collateral property is not automatically removed. To do this, the owner of the residential premises must take the following actions:

obtain from the bank a certificate of payment of the mortgage loan and a mortgage note with the appropriate mark (download an application for the issuance of a mortgage loan);
submit to Rosreestr the documents received from the bank, the mortgage agreement and a joint application with the mortgagee bank for the removal of the encumbrance (download the application for the removal of the encumbrance);
after the encumbrance record is cleared, receive an extract from the Unified State Register of Real Estate.

Expert opinion

Smirnov Alexander Stanislavovich

Lawyer with 12 years of experience. Specialization: civil law. Member of the Bar Association.

The application must be written by all owners, or by one of them if there is a notarized power of attorney from the other owners. The procedure for removing the encumbrance takes on average up to 3 working days.

Features of registration of a mortgaged apartment in ownership

Registration of a mortgage in ownership of an apartment occurs according to general rules. If the house has already been put into operation, then registration is carried out immediately. If the apartment was purchased in an unfinished building, then first the future owner will have an equity participation agreement (DPA). But registration is carried out after the delivery of the house.

In 2020, the certificate of state registration of rights was cancelled. Now the owners are given an extract from the Unified State Register of Real Estate, which contains information about the current owner.

With a military mortgage

When removing the encumbrance from an apartment purchased with a military mortgage, it is necessary to take into account that its mortgagee is not only a credit institution, but also the state represented by the Ministry of Defense of the Russian Federation (Article 15 of Federal Law No. 117). Restrictions on the disposal of such property will be the same as with a regular mortgage.

The borrower acquires ownership rights at the time of registration of the transaction in Rosreestr. However, it can only be registered in the name of a borrower who is a participant in the savings mortgage system, since state funds are earmarked. The borrower's spouse will have no right to this property in the event of divorce.

The bank's encumbrance is removed after the mortgage loan is fully repaid. But if the borrower is dismissed from service early, then, depending on the circumstances of the dismissal, he has the opportunity to repay the mortgage with his own funds, while removing the encumbrance imposed by the state.

Technology for obtaining a mortgage for a new building

By and large, the procedure for obtaining a mortgage for a new building is practically no different from a regular mortgage, but there are still some peculiarities. Features of a mortgage for a new building include:

There is no certificate of ownership as the property is under construction.
The collateral is not the apartment, but the right to claim it.
Even at the very beginning of unfinished construction, there is an opportunity to buy an object.
While construction is not completed, one interest rate applies; after its completion, the rate changes.
A mortgage for a new building can be financed either in full or in part.

As for the requirements for the borrower when applying for a mortgage for a new building , they are the same as when applying for a regular mortgage, namely:

the borrower must be a citizen of the Russian Federation;
it is necessary to have a certificate confirming income and the client’s official place of work;
no overdue credit history.

At the same time, in order to collect the necessary documentation for the property, you will have to make some efforts, because the standard package of documents includes an equity participation agreement, as well as a package of documents for the developer.

To simplify the procedure for collecting the necessary documents for obtaining a mortgage for a new building , we recommend concluding an agreement with the Mortgage Broker "Finance". The company’s specialists will follow all bureaucratic procedures and select a reliable and trusted developer who will be accredited by the bank. If the borrower proposes a developer who is not accredited by the bank, the financial institution will carry out a full check of the developer. All documents will be checked, from constituent documentation to construction documents.

Lawyer's answers to frequently asked questions

Good afternoon I have fully paid off my mortgage loan. What should I do to become a full-fledged owner?

After the mortgage loan is fully repaid, you need to remove the encumbrance from the apartment. To do this, you need to obtain a mortgage note from the bank with a note indicating full repayment of the loan.

And also a letter from the bank about repayment of the entire amount of debt. The next step is to contact Rosreestr and provide the following documents there: a housing purchase and sale agreement, a mortgage and a letter from the bank and a joint application from the borrower and the lender to remove the encumbrance.

Once the encumbrance is lifted, you have the right to dispose of your property.

Hello! I am my husband's co-borrower on the mortgage. The mortgage agreement and the equity participation agreement are issued in the name of the husband. Can I register an apartment in my own name?

According to current legislation, all property acquired during marriage, including under a mortgage agreement, is considered the common property of the spouses. Even if it is registered to one of them.

If you still want to be among the owners or become the sole owner, by agreement with your husband, you can draw up a donation agreement for part or for the entire apartment.

A share participation agreement and a mortgage have been drawn up for me. The house has been put into operation, the transfer acceptance certificate has been signed. The mortgage has been paid off. My father and I want to register shared ownership of an apartment. How can I do that?

Since the house has already been commissioned and the developer has fulfilled his obligations, it will not be possible to assign part of the right of claim to the father under the share participation agreement. It will be possible to register ½ of the apartment in the name of the father by concluding a gift or sale agreement.

I purchased an apartment with a mortgage under the DDU. The house is rented. Ownership is confirmed by a court decision, but is not registered in Rosreestr. Mortgage debt is about 2 million. Can I register ownership of another person?

Expert opinion

Smirnov Alexander Stanislavovich

Lawyer with 12 years of experience. Specialization: civil law. Member of the Bar Association.

In order to re-register ownership of another person, first of all it must be registered in your name, based on an existing court decision. Only after this can you consider the possibility of selling the apartment.

But given that the mortgage loan has not yet been repaid, and the apartment is pledged to the bank, it can only be sold with the permission of the mortgagee and after the encumbrance is removed. To do this, the mortgage must be paid off with your funds or the buyer's funds.

It is impossible to register the ownership of real estate to another person without grounds for doing so.

I am a participant in shared construction (unfinished construction). The house was commissioned a year ago, but the developer avoids signing the transfer acceptance certificate. I don’t actually live in the apartment and I’m not registered. How can I register ownership of this apartment?

If the developer refuses to sign the transfer acceptance certificate, you will have to go to court. In court, you will need to prove that you have fulfilled your obligations under the DDU and that you have paid the cost of the apartment. Based on the court decision, you will be able to register ownership in Rosreestr.

Registration of a mortgaged apartment in the ownership of the borrower differs from a regular purchase and sale transaction, since the bank is present in it as a third interested party. Let's consider what features are present when registering rights to real estate acquired using borrowed funds.

Goals and deadlines for registering rights to mortgage housing

Ownership of a mortgaged apartment should be registered immediately after the transfer of ownership of the property has occurred (a purchase and sale agreement has been signed).

Without registering property rights and making an appropriate entry in the Unified State Register of Real Estate, the purchase and sale agreement will be considered invalid.

The procedure for registering an apartment registered through a mortgage differs from the standard procedure in that a note about the encumbrance of the property will be entered in the Unified State Register of Real Estate. And until this encumbrance is lifted (until the mortgage debt is paid off), the owner of the apartment will be limited in the right to make transactions with this property.

So why then should you take out a mortgage on your property? This is done so that the owner of the apartment has the right:

Participate in meetings of owners.
Register in the apartment.
Use maternity capital to pay off debt.
Get a tax deduction.
Protect your rights before the seller in case of disputes regarding the purchased apartment.

Simply put, a record of an encumbrance on an apartment is made so that the bank is sure that the owner of the apartment will not sell it and will not hide in order not to pay bills. And the registration of the right is completed so that the buyer of the property is sure that this is his apartment and not the property of the bank (until the mortgage debt is paid, the property is pledged to the lender).

If you are just planning to use mortgage lending to purchase a home, read our publications about the conditions for obtaining and the nuances of obtaining a mortgage for an apartment, a share in an apartment, a room, as well as for real estate in a new building and on the secondary market.

Procedure for registering ownership of an apartment with a mortgage

According to paragraph 1 of Art. 131 of the Civil Code of the Russian Federation, rights to real estate are subject to mandatory state registration, including if it was acquired using credit funds.

Documents for registering the borrower as an owner are submitted on the day the loan agreement is signed. The procedure should be as follows:

Signing a mortgage agreement with the bank.
Transferring the down payment to the seller and signing the purchase and sale agreement.
Submission of a package of documents by the seller and buyer for state registration.
Conducting a legal examination of documents submitted for state registration of rights and checking the legality of the transaction.
Entering information into the state real estate register.
Issuing documents to the seller and buyer confirming the registration of the new owner.

When does ownership of an apartment come into play when mortgaging an apartment?

As an exception, an option may be considered when a mortgage is issued for an apartment in a building with unfinished construction. In this case, the mortgage provides for the transfer of the apartment into the ownership of the borrower only at the time the construction of the house is completed and it is put into operation. Until this moment, the apartment does not act as collateral. It is this fact that provokes high bank rates on loan programs that provide mortgages for real estate under construction.