Registration of ownership of an apartment after repayment of the mortgage?

General action plan

In general, the further actions of the homeowner after paying off the entire mortgage amount are as follows:

1. Submit an application to the bank to remove the encumbrance on the apartment.
2. The bank makes a note in the apartment mortgage that you have paid off the mortgage in full. The timing of this stage depends on the specific credit institution.
3. You receive a stamped mortgage note and other necessary documents from the bank.
4. Provide a package of documents to the local office of Rosreestr.
5. Rosreestr cancels the mortgage registration record and enters new information into the Unified State Register of Real Estate. This usually happens within three business days.
6. You receive an extract from the Unified State Register indicating the repayment of the mortgage registration record.

Sometimes banks can issue mortgages without a mortgage. In this case, the credit institution and the property owner submit a joint application to Rosreestr to repay the mortgage record. If you have just such a loan, coordinate all your actions to re-register an apartment with your bank.

If there are several apartment owners (for example, a husband, wife and son), then everyone must submit applications. Or one person can take care of the issue, having received a notarized power of attorney from the other co-owners.

Please note that since mid-2020, certificates of ownership of apartments have not been issued in Russia. Now an extract from the Unified State Register, which is printed on a regular sheet of A4 paper, is enough.

The concept of encumbrance and the procedure for removing it from a mortgaged apartment

Encumbrance refers to the process of registering a mortgage on an apartment purchased on credit. This procedure is considered a guarantee of further payments from the borrower. Without it, obtaining a mortgage to purchase a home is impossible.

If the client maliciously evades payment of fees, the banking organization, on the basis of the mortgage, has the right to confiscate the mortgaged apartment and subsequently realize (remortgage, sell) it to pay off the debt.

Having fulfilled the payment obligations, the owner should begin to remove the burden from the apartment. The procedure boils down to the following steps:

1. Receive the original mortgage note from bank employees. The document must contain information:

• on the client’s fulfillment of all obligations to the creditor;
• about the absence of claims against the borrower (a note is made on the back of the mortgage document);
• about the date of the last payment.

The mortgage note is certified by the signature of an authorized bank employee.

1. Contact the local branch of Rosreestr or MFC. All apartment owners must contact the authority, having previously collected a package of necessary papers.

Required Documentation

To contact the registration authority, apartment owners must collect the following documents:

• mortgage (original) – issued in one copy to all owners;
• written confirmation of the closure of the mortgage - the document is drawn up on the letterhead of the banking organization with details, seals and signature of authorized employees;
• personal documents (passports) of all owners (for minors under 14 years of age - birth certificates);
• power of attorney (if he is not present) from the bank employee who executed the mortgage document;
• agreement on the acquisition (purchase and sale) of an apartment;
• requirement to remove the encumbrance;
• loan agreement – ​​there is no need for a document if a bank employee accompanies clients during the procedure;
• check for payment of the duty - the duty is 200 rubles (paid when ordering a new extract from the Unified State Register of Real Estate, in which there are no records of the burden).

The registration service will remove the restriction from the apartment within 3-5 days. All data on a specific loan case can be found on the Rosreestr website.

How to contact Rosreestr

You can submit documents to Rosreestr as follows:

• personally contact the offices of the Federal Cadastral Chamber (FKP Rosreestr);
• personally contact the multifunctional center (MFC);
• through the electronic service on the Rosreestr website.

At FKP Rosreestr branches, people often face the need to wait in queues for a long time. If an electronic queue is provided, then the problem becomes the queue for the coupon. Often people arrive early and then have to wait for their time.

It is possible to make an appointment at FKP Rosreestr in advance. To do this, you need to register on the State Services portal, and with the same password and login log into your personal account on the Rosreestr website. In the menu, find “Make an appointment” and select the desired department and available time.

As a rule, submitting and receiving documents through the MFC is easier and more convenient. But you will have to wait a couple of days longer for ready-made documents.

If the mortgage was with maternity capital

According to Federal Law 256 “On additional measures of state support for families with children,” families with two or more children can use the certificate to repay any part of the mortgage or pay an advance payment.

Purchasing an apartment with the participation of maternity capital involves registering ownership rights for all children and parents within the limits of each share.

If more children are born in the future, the property is redistributed in shares. The law does not regulate the size of the share - you need to focus on living space standards (12 sq. m per person).

The law requires that shares be allocated to each child within 6 months after the mortgage is completely closed. This can be done by agreement of the parties or by drawing up a gift agreement. If the issue of allocation of shares is controversial, the problem is resolved in court. All documents are subject to mandatory notarization.

The issue of shared ownership can also be resolved in Rosreestr. After allocating a share for the children, each family member receives a certificate for their share.

Remote application submission

Now let’s learn more about how to re-register an apartment remotely. To use this service, you must have an electronic digital signature (EDS). This is an analogue of a regular handwritten signature, which is used for electronic document management.

You can purchase an electronic signature certificate from a special organization - a certification center. Thus, such a center operates under the jurisdiction of Rosreestr FKP. You must also have special software installed on your computer.

If you have an electronic signature, then you can use your personal account on the Rosreestr website to submit an application to remove the encumbrance from the apartment. Or on this site, select from the menu: “State - “Registration of termination of rights, restrictions (encumbrances) of rights” - “Repayment of the mortgage registration record.”

Next, carefully fill out all the required fields:

• Enter personal information: full name, passport details, SNILS, address, phone number, contact details;
• Provide information about the apartment: type of object, cadastral number, address, date and state registration number of the mortgage;
• Upload the required documents in electronic format;
• Confirm your actions with an electronic signature.

If everything is in order with the application and documents, an extract from the Unified State Register will be sent to you by email in a few days.

Contacts:

• 8-800-100-19-00
• 8-800-770-99-99

• +7 (495) 500-5-550
• 8-800-555-55-50
• 900

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Lawyers' answers (1)

Once the mortgage is paid off, the encumbrance is not automatically removed. In order to remove all restrictions from housing, the borrower will need to independently agree on all issues with the bank and then the state registrar. Before you make your final loan payment, you should request a loan statement from your lender. This is necessary in order to pay off the entire amount of debt without a balance. It often happens that the balance amount announced by the bank manager is incomplete (does not include any mandatory payments or commission). During repayment, the borrower, as a rule, is not informed about the account balance, and may even be issued a certificate of closure of the debt. However, after some time it turns out that the client owed several tens of rubles, for which a fine and penalty were then charged. Thus, a new amount of debt is formed, which can be quite noticeable after a long time. A statement of your credit account will protect you from such troubles, since you will be able to repay exactly the amount that you owe, taking into account all possible payments. After you close the loan, you will need to receive a letter from the bank stating that all obligations on the loan have been repaid and the bank no longer has any claims against you. In addition to the letter, it makes sense to re-order an account statement so that there is evidence of debt closure if any controversial issues arise. You will need a letter to officially remove the encumbrance on your home in the state register. Each region has its own Rosreestr Office, where state registration is carried out and, accordingly, the removal of encumbrances from real estate. The borrower will need to independently provide a number of documents to acquire full ownership of the home.

Documents after repayment of the mortgage In accordance with Art. 17. Federal Law “On Mortgages”, after paying the entire amount of the debt on the loan, the bank is obliged to issue the mortgage to the borrower with a note stating that the obligations on it have been fulfilled in full. To remove the encumbrance from real estate, the following documents will need to be submitted to the regional office of Rosreestr: an application in the established form on behalf of the borrower with a request to remove the encumbrance; notarized copies of the lender's statutory documents; a document confirming the borrower's ownership of housing; a mortgage note from a bank with a note indicating the repayment of obligations; a letter from the bank confirming repayment of the entire debt amount. If a mortgage was not issued when receiving a loan, instead of a letter from the bank and a mortgage note with a note, a joint application of the borrower and the lender is submitted to Rosreestr, on the basis of which the encumbrance will be lifted.

Encumbrance on an apartment

In most cases, title passes to the new owner when the purchase agreement is signed. But an encumbrance was placed on the mortgaged apartment, since it acted as collateral for the loan. After paying the debt, it is necessary to remove the restrictions on the rights to this property.

In 2020, amendments were made to the legislation of the Russian Federation, according to which the encumbrance on the mortgaged property is automatically removed after full payment of the debt. The innovations came into force in 2020. In this case, there is no need to prepare any documents; all changes are registered in the database of the Federal State Registration Service and displayed on their official portal.

To remove the encumbrance, Sberbank independently transmits the necessary information to Rosreestr. In large credit institutions, interaction with the Federal State Registration Service is structured in such a way that the procedure occurs without the intervention of the owner. The bank starts the process and notifies the client about it. And in 2-4 weeks the changes will be made to the Rosreestr database.

The owner can independently check whether the restrictions have been lifted:

• on the State website;
• on the Rosreestr portal in the section “Reference information about real estate objects”.

How to register ownership of an apartment after paying off the mortgage

Registration of ownership of the apartment after repayment of the mortgage is mandatory, as it will allow full disposal of the purchased housing.

When a family purchases a home through a mortgage, paying the last payment becomes an event. But in reality, it doesn't end there. An important procedure after paying off a mortgage loan is to remove the restriction on the purchased home.

What is an encumbrance and why remove it

Encumbrance is the procedure by which a pledge is created. A housing loan is not issued without this part, since it is a guarantee that the client will pay the mortgage. Otherwise, the real estate or other valuable property is confiscated by the bank.

Therefore, after the mortgage has been fully repaid, it is mandatory to remove the encumbrance.

This procedure occurs when the following steps are performed:

• pick up a document that confirms the fact of the pledge;
• come to Rosreestr.

The first stage implies the presence in the client’s hands of a document, not a copy, but an original, on which there will be notes stating that there are no more obligations or claims between the bank and the borrower. The date of the last mortgage payment made must also be present here. To confirm the authenticity of the document, there must be a signature of a bank employee. Since the original is sent to Rosreestr, just in case, it’s worth making copies of this document for yourself.

ATTENTION . When contacting Rossreestr, in addition to the original mortgage note, the client must have additional documents on hand that confirm the identity and the disbursed loan for the purchased property. If the purchased apartment has several owners, then they must all be present and have identical packages of documents with them.

After a successful procedure, the process of removing the burden occurs within 2-5 days.

Carrying out this stage is no less important than paying off the mortgage. An encumbrance restricts a citizen in his actions: he cannot fully dispose of the property, even if he has fully paid off the mortgage loan and has documents for it. Before the encumbrance is lifted, the bank can fully dispose of the citizen’s property, but this is only if the party does not comply with the terms of the agreement. Removing the encumbrance allows the borrower to sell the home, rent it out or give it away, as well as carry out other actions.

Mortgage repayment

Payment of the mortgage loan occurs strictly according to schedule. But the borrower also has the opportunity to repay the borrowed funds ahead of schedule. In order to make an early repayment, you must inform the bank of your intention through a written statement.

But before making a payment, it is worth finding out the final amount that is needed to repay the loan debt. To do this, you need to go to the bank and request a statement. You can also do this without leaving your home by calling the financial institution where the mortgage was taken out.

When the last payment has been made, the client needs to take a certificate that will confirm the absence of debt. This document is not mandatory, so not everyone takes it. But there are times when such a certificate may be needed, so it’s better to be safe. Depending on the bank, they may issue it for a fee or for free.

But in any case, the document provided must contain the following information:

• Full name of the client who took out the loan;
• contract data, as well as the final date for repayment of the mortgage loan;
• personal details;
• status of the bank employee who issued the document;
• confirmation that the institution has no claims against the client.

IMPORTANT . Do not forget that not all banking institutions automatically close the loan account. This is also worth taking care of so that there are no additional claims and debt growth in the future.

Re-registration of ownership

The main document that confirms ownership is an extract from the Unified State Register of Real Estate. Formally, a person is not obliged to order and receive it. You just need to make changes to the registry. But since the bank needs this paper, and it will be more comfortable for a person to have confirmation that the housing is really his, when submitting an application to Rosreestr, you must definitely request such an extract.

Procedure

1. Find suitable accommodation.
2. Negotiate with the seller about the potential purchase of an apartment.
3. Choose a bank.
4. Contact a financial institution to obtain a mortgage loan.
5. Get the bank's decision.
6. Conclude pledge and mortgage agreements.
7. Make a down payment (if required).
8. Contact Rosreestr with the purchase and sale agreement, mortgage and pledge.
9. Write an application to Rosreestr for re-registration of property rights.
10. Receive an extract from the Unified State Register of Real Estate with information about the new owner.
11. Provide this statement to the bank.

Direct registration of ownership of the apartment is carried out in paragraphs 8-10 of the instructions presented above. The rest is the preparatory stage and a logical consequence of obtaining a loan. In order to register property rights in Rosreestr, you need to prepare the following documents:

• Passport of the loan recipient.
• Purchase and sale agreement (and preliminary purchase and sale agreement, if one was concluded).
• Pledge agreement.
• Mortgage agreement.
• Documents for the apartment (registration certificate, etc.).
• Receipt for payment of state duty.
• Application for re-registration of property rights.
• Certificate of persons registered in the apartment.
• Certificate of absence of debt for utilities.
• Permission to register when purchasing an apartment from the guardianship authorities (relevant for situations where the seller or buyer has minor children).
• Consent of the spouse to complete the transaction (for the seller).
• Power of attorney and passport of the authorized person (if required).

If we consider the moment of registration of property rights, then the only obligatory type of cost will be the state duty: 2000 rubles per person.

The period for registration of ownership can vary from 3 to 14 days, depending on the workload of the Rosreestr branch. In practice, most often the extract is ready in about 5-7 days. In this case, you need to take into account the deadline for submitting all necessary documents to the bank. It is better to start registering immediately after signing the contracts.