Hello! I plan to take out a loan for an apartment from Sberbank. I would like to familiarize myself with all the documents and conditions in advance. I am especially interested in the mortgage agreement (completed sample) and the sample preliminary agreement for the purchase and sale of an apartment under a mortgage. Thanks in advance. Vyacheslav Yurievich.
Good afternoon, Vyacheslav Yurievich!
Your desire to study the clauses of the agreement in advance is very commendable; it is rare that a person even pays attention to the Sberbank loan agreement - an example of a situation in which the absence of important information provokes unpleasant consequences.
And here you can download the preliminary purchase and sale agreement.
Mortgages from Sberbank in 2020 are provided on very favorable terms from 10.75%. You should hurry to get a loan at such a low rate.
This is what a Sberbank mortgage loan agreement looks like (sample):
It is prohibited to publish agreements filled with customer data, so you are unlikely to find such a document in the public domain.
Welcome! In this post you will have access to a sample mortgage agreement in Sberbank for 2020. We will also tell you about the Sberbank mortgage agreement and what to pay attention to. In addition, we will tell you about the prenuptial agreement for a mortgage.
general information
When applying for a mortgage at Sberbank, each borrower must study all the accompanying documents in detail and in as much detail as possible before signing them. It is the loan agreement and the mortgage agreement that are the key documents when purchasing real estate using borrowed funds. Read more about the main terms of the mortgage agreement and what features you should pay attention to.
A mortgage agreement is a fundamental document regulating the relationship between the parties involved when purchasing real estate with the help of a loan - Sberbank of Russia, the borrower and the seller.
The main conditions for mortgage lending at Sberbank are as follows:
- age limit for clients is from 21 to 75 years;
- The minimum acceptable work experience at the current place is at least six months;
- the object of the mortgage can be houses, apartments, land plots, apartments intended exclusively for consumer/personal use;
- the loan amount is transferred to the seller after registration of the transaction in Rosreestr (imposition of an encumbrance in favor of the bank);
- the client will be required to make his own funds as a down payment (from 15% of the market value of the property);
- the interest rate, the maximum loan amount and the loan term depend on many factors, including the client’s creditworthiness, classification into a certain category of borrowers and the quality of the credit history;
- The residential property pledged to the bank must meet established requirements regarding the year of construction, distance from the city, presence and condition of communications, etc.
The agreement specifies in detail all the parameters of the loan being issued: the size of the annual rate, the name of the mortgage program, the method of calculating interest and the value of the effective interest rate, as well as the rights and obligations of the parties, penalties.
The mortgage agreement has a standard structure, but in individual cases the bank can prescribe specific features or nuances of the transaction at the request of the borrower. Let us consider further the terms of such an agreement.
Types and conditions of Sberbank mortgage in 2020
The agreement is drawn up in writing with the obligatory indication of all essential conditions (loan amount, purpose of financing, loan terms).
The most important thing is that such an opportunity is provided to the client and does not require the payment of additional commissions and fines. Sberbank does not have them, and a person can make an early payment in full or in part at any time without restrictions on amounts.
By the way, the procedure for calculating loan commissions is also very important. Also, the agreement often contains loan security, such as a pledge or surety. However, in this case they are issued separately.
Education: higher legal (Russian law). Profile: main – criminal law, additional – civil law. She completed training at Consultant Plus LLC. Consulting citizens in divorce proceedings, on alimony issues, and criminal law.
Basic terms of a standard contract
The standard mortgage agreement is a template for the main agreement that will be concluded later. Its form includes all the main points and sections of the mortgage agreement, but without specifying specific data regarding the property (cost of the property, location, data from title documents) and the borrower (passport, contact information).
Its main goal is to familiarize each party with the terms of obtaining a mortgage loan in advance and to save time allocated for signing the main document. Simply put, this is the preparation of participants directly for the transaction.
The legality of the mortgage agreement is established by the relevant regulatory legal acts of the Russian Federation:
- housing code of the Russian Federation;
- Federal Law “On Mortgage”;
- Civil Code of the Russian Federation;
- Federal Law “On state registration of real estate and transactions with it.”
Documents required for obtaining a mortgage at Sberbank
A prenuptial agreement at Sberbank must be drawn up before submitting an application for a mortgage, which differs negatively from the conditions of other banks. After all, you may receive a refusal on your application, and the costs of drawing up this agreement will not be returned to you. Its main goal is to familiarize each party with the terms of obtaining a mortgage loan in advance and to save time allocated for signing the main document. Simply put, this is the preparation of participants directly for the transaction.
To calculate payments, two methods are used: annuity and differentiated. With the annuity method, payments are provided in equal installments throughout the entire period of the contract; with a differentiated method, their amount is constantly reduced and, accordingly, the debt changes.
The agreement is drawn up on the basis of the General Conditions for the provision, servicing and repayment of loans prepared by the bank back in 2013.
What to pay special attention to
It is recommended that each client pay special attention to the following conditions:
- possibility of early repayment of debt (no moratorium or fines);
- penalties (the bank does not have the right to levy fines from the borrower for actions that were not specified in the concluded agreement - for example, an illegal requirement to pay a fine if money is not written off to the loan account through no fault of the client);
- the opportunity to refuse to purchase an insurance policy (we are talking about comprehensive insurance, including insurance of property, health and life of the borrower).
Carefully studying the contract and timely pointing out any errors or gaps in the future will only benefit the borrower and avoid unnecessary financial losses.
Important! When you open a mortgage loan agreement with Sberbank, be sure to pay attention to the information about the full cost of the loan. Sberbank draws borrowers' attention to real mortgage costs on the first page of the agreement in a special area in the upper right corner.
Sberbank standard mortgage agreement for 2020
Reading time: 5 min.
For many Russians, a mortgage is becoming an excellent opportunity to acquire their own home. However, such a transaction cannot be carried out in a hurry - everything needs to be carefully considered, study the terms of the loan, choose a property and only then sign the documents. Today we’ll talk about the standard Sberbank mortgage agreement 2020.
- Why is it needed?
- What conditions are stated in the contract?
- Essential conditions
- What conditions must be studied?
carefully and without haste to study all the terms of the loan;
Special attention
In anticipation of receiving a new living space, many people, without hesitation, sign a loan agreement without really going into details. As a result, after some time, due to misunderstanding of certain points, borrowers have some questions. Now we will discuss what things are worth focusing on.
Be sure to familiarize yourself with the conditions for imposing penalties and fines. In the interests of the client, it should be stated that if the delay did not arise through the fault of the borrower, then no penalty will be charged.
If you pay attention to these things in time (when reading the contract, at the signing stage), in the future you won’t have to worry about excess costs.
Additional conditions that many often do not pay attention to when signing contracts, but this paragraph provides such important information as the procedure for collecting overdue debt and future actions on the property in case of violation of the terms of the mortgage.
Basic terms of the mortgage loan agreement
The contract must include the following information:
- real estate that is purchased on credit, as well as its value according to the decision of the appraisal company;
- the loan agreement also specifies information such as the size of the loan provided by the financial company, the interest on the loan, the payment schedule and the size of the one-time payment;
- in addition, the agreement stipulates the procedure for repaying the debt, and if at least one point remains inconsistent between the parties, then the agreement is considered invalid;
- the contract specifies the name of the body that registers the document and documentary evidence of the mortgagor’s right to housing.
The following information must be indicated on the paper:
- name of the dwelling - is it an apartment or a house;
- the exact address;
- description of the housing - for example, what is its area and how many rooms are there.
It is important that if a house is purchased with a mortgage, the land on which it is located is also pledged.
Therefore, in addition to information about the house, the contract also contains information about the plot
– area, cadastral number, and so on.
What is important here is the fact that property that belongs to the state or municipality, as well as housing that is not subject to privatization, cannot act as collateral.
If a loan is issued for housing under construction, then unfinished construction, as well as construction materials and equipment that belong to the bank client, are used as collateral.
The contract must include the following information.
Content
At the very top are the date of conclusion and the contract number. The place of his imprisonment is also written. Next, the parties are specified, taking into account the co-borrower and guarantors.
The first clause of the mortgage agreement is the subject of the agreement. It describes in detail what real estate is purchased and by whom, for what amount, and the share of own funds is registered. This paragraph should include the area of the housing, the basis on which it belongs to the borrower, the inventory value of the property and its total cost.
What is needed to prepare a contract
There are some nuances in the process of drawing up and preparing a mortgage agreement, namely:
- all documents required by the bank must be current and genuine (the accuracy of any information can be easily checked online);
- the collection of documents is carried out in accordance with the form established by law and the rules of the bank;
- the agreement is drawn up by Sberbank employees (credit and legal departments);
- The moment of conclusion of the contract is the moment of its signing by all parties involved.
The conclusion of a mortgage agreement is preceded by a search for the property being purchased, its assessment (if necessary), the signing of a preliminary purchase and sale agreement and the collection of a full package of documents. After this, a loan agreement between Sberbank and the borrower is drawn up. You can find out more about what documents are needed for a mortgage at Sberbank in a separate post.
Marriage contract
A mortgage is usually issued for a long time, and there is no guarantee that the family will not break up during this time. For people who are officially married, it may be relevant to conclude a prenuptial agreement, which will help resolve issues of fulfillment of obligations and division of property rights in the event of a divorce, when marital relations are complicated by the presence of an existing mortgage loan.
Contents of the loan agreement
The mortgage agreement specifies the following main points:
- Date and place of signing;
- Details of the parties;
- Document Number;
- Full cost of the loan;
- Name of the loan program;
- Amount of credit;
- Validity period of the mortgage agreement with Sberbank;
- Loan currency and rate calculation procedure;
- Payment schedule;
- Parameters of the collateral apartment;
- The procedure for granting a loan and early repayment of a mortgage;
- Purpose of the loan;
- Algorithm for calculating penalty interest;
- Consent to the processing of personal data.
The agreement may indicate the need to sign other documents related to the mortgage transaction. The document also contains a clause giving Sberbank the right to assign the debt to third parties. If the transaction involves the registration of a mortgage, then this fact is fixed in the contract without fail.
The mortgage agreement at Sberbank is drawn up in several copies that have the same legal force. Any changes to the terms of the contract must be recorded in writing. Revision of the document is carried out on a paid basis.
Sample Sberbank mortgage agreement sample
They act as an additional guarantee, provided that the borrower’s income is not enough to receive the requested amount.
Even if the borrower meets the basic requirements, the bank has the right to refuse a loan due to the inadequacy of the property.
A mortgage lending agreement at Sberbank is a banking document that defines in writing the legal and financial relationship between the borrower and Sberbank. It is the basis for the acquisition of real estate.
Because in this concept the emphasis is on the word “mortgage”, the whole essence of such an agreement depends on it.
Documents to ensure the fulfillment of the applicant’s loan obligations. Information disclosure Career Customer support center Procurement Sales of property Accreditation of appraisal performers.
Question. A Sberbank collateral with Spanish is purchased. credit funds from Sberbank, while shares for two minor children are immediately acquired under the DCT... Do I understand correctly that from August 2020 both the DCT and the mortgage agreement must be notarized?
Annuity - when interest is calculated immediately for the entire period of using the loan and payments are divided so that they are the same throughout the entire period of loan repayment. This is less profitable than differentiated payments, since at first the borrower pays small parts of the principal debt, so the amount of interest for the entire period of using the loan is greater.
Payments of the Borrower/Co-borrowers, the amount and/or terms of payment of which depend on the decision of the Borrower/Co-borrowers and/or the variant of his/her behavior (Penalty), are not included in the calculation of the Total cost of the loan in percentage per annum and in monetary terms.
The ownership of the Residential Building passes from the Seller to the Buyer-Pledgor from the moment of state registration of the transfer of ownership to the Buyer-Pledgor.
A mortgage loan designed for the purchase or construction of a summer house (garden house) and other buildings for consumer purposes. Issued with a down payment of 25% for a period of no more than 30 years. The interest rate is fixed, but may change due to surcharges:
- +0.3% if the borrower’s official salary is transferred to Sberbank;
- +1% until the mortgage is registered;
- +1% upon termination of the insurance contract.
The amount of the monthly Annuity payment is calculated with an accuracy of two decimal places. The Borrower/Co-borrowers have the right to receive a Loan/the first part of the Loan within 90 (ninety) calendar days from the date of conclusion of the Agreement (not including this date).
Before executing a mortgage agreement, the borrower must know what specific property he will be purchasing. A special commission of the bank evaluates this property and draws up a package of documents for the property. Based on the data provided by the commission, a decision is made to issue credit funds, after which the property is assessed, a purchase and sale and insurance agreement is drawn up.
The inventory value of the residential building (subject of mortgage) specified in clause 1.2 is __________________________________________ ________________________ (_________________) rubles, which is confirmed by certificate No. ________ dated __.__.__, issued on ______________________.
The borrower does not have the right to rent out, sell or give an apartment without his consent, since this will first require repaying the loan and removing the encumbrance.
The payment date for the final payment corresponds to the day of actual disbursement of the Loan/first part of the Loan and is not subject to change if the Payment Date is adjusted during the validity period of the Agreement.
The borrower does not have the right to rent out, sell or give an apartment without his consent, since this will first require repaying the loan and removing the encumbrance.
The date of actual provision of the Loan is the date the Loan/first part of the Loan is credited to the Loan Account.
The agreement may indicate the need to sign other documents related to the mortgage transaction. The paper also contains a clause giving the bank the right to assign the debt to third parties. If the transaction involves the registration of a mortgage, then this fact is recorded in the document without fail.
Rights and obligations of the parties to the contract
According to the terms of the mortgage agreement with Sberbank, the lender is obliged to:
- Transfer the loan amount to the client’s account;
- Consider an application for debt restructuring (if any);
- Issue a certificate of no debt to Sberbank (the document is drawn up at the request of the counterparty);
- Notify the borrower about the transactions performed with the mortgage (if it was issued);
- Direct maternity capital funds and other subsidies to repay the loan amount and accrued interest (relevant for borrowers eligible to receive budget funds).
Digital mortgage
The level of development of modern information technologies allows you to apply for a mortgage remotely. To receive a loan, the counterparty must fill out a special form located on the Sberbank website.
The registration form contains the following fields:
- FULL NAME;
- Contact information (phone, e-mail);
- Date of Birth.
After submitting your data, you should scan the required documents and send them by email. The decision to grant a loan will be made on the day the applicant applies. If the application is approved, the bank representative will begin checking the collateral for compliance with the requirements of the credit institution. After this, the applicant will be invited to the Sberbank office to sign a mortgage agreement.
In 2020, Russian deputies adopted a law on undocumented mortgages. This security certifies the owner’s rights to repay obligations secured by a mortgage. The document is activated using an electronic digital signature and registered in Rosreestr. After this, the mortgage is deposited in the depository. Information about the digital document is recorded in the registration record.
The mortgage contains the following information:
- Full name and passport details of the mortgagee and the borrower (if the party to the transaction is a legal entity, then the name and location of the company is indicated);
- Details of a mortgage agreement with Sberbank or another document that is the basis for the emergence of financial obligations;
- Description and address of the collateral apartment;
- The market price of the collateral, confirmed by an accredited organization;
- Data on state registration of encumbrance;
- Deposit account details;
- Name and contact details of the depository.
In the coming years, mortgage agreements will be completely transferred to a non-documentary format. All transactions will be confirmed using an electronic signature. The client will no longer have to visit bank branches and stand in line. The use of artificial intelligence systems and blockchain technologies will reduce the time of document verification to several minutes. Geographical boundaries will no longer prevent contracts from being concluded. The borrower will be able to purchase housing with a mortgage located anywhere in the world.
