Registration of ownership of an apartment in the MFC

Mortgage loan registration

Mortgage is a special program for financing activities for the purchase of real estate and property. The lender is a financial organization, the recipients of funds are individuals and legal entities. The procedure for obtaining a mortgage is very complex and requires borrowers to be attentive, diligent, and knowledge of the basics of legislation. All purchases, sales, alienations and donations of real estate are subject to mandatory registration through the state register of rights.

In relation to the contract for targeted lending to citizens, there is also a requirement to maintain an account (clause 2 of article 20 of Federal Law No. 102). This decision is made by both the lender and the borrower. In practice, very often credit institutions require the recipient of funds to obtain a mortgage. This policy is based on the fact that the bank will receive an additional money-back guarantee.

A mortgage is a special form certifying the existence of an obligation from one party to another. In financial transactions, this security serves as a kind of guarantee of fulfillment of the terms of the mortgage loan by the debtor. The bank has the right to dispose of the mortgage at its discretion under the law, and may transfer the form for pledging obligations to another institution.

You should find out how to register a mortgage with Rosreestr. According to Art. 20 Federal Law No. 102 of July 16, 1998, state registration of a mortgage loan is carried out upon an application from the mortgagor and the mortgagee. If a notary is involved in the transaction, an additional written request from him will be required. By decision of the parties, a corresponding mortgage is drawn up. The document can be issued on paper or in electronic form with electronic signature certification.

The applicant has the right to submit the necessary documents to Rosreestr independently or through an authorized representative with a power of attorney. For example, when purchasing an apartment from a new building with a Gazprombank mortgage, the developer can register the transaction on behalf of the buyer.

When taking out a mortgage, it is often necessary to issue a mortgage note.
The fact of making an entry for a mortgage or mortgage note in the state register is confirmed by the signature of an official of the state office and a seal with the appropriate marks.
The client must check the availability of this data so that the transaction does not turn out to be incomplete.

Procedure

To register a mortgage with a government agency, the first step is to obtain it from a bank.

Why you need to implement certain stages of action:

Choose a bank that offers the most favorable mortgage loan conditions	The borrower chooses a bank based on his financial capabilities, as well as the bank’s requirements. For example, if a potential borrower expects to take out a mortgage loan without a down payment, then he should analyze only such programs. If you purchase housing from a developer, you should first of all choose the developer, and after that select a bank from among the developer’s partner banks.
Following this, you need to apply for a mortgage loan.	The bank considers the application for about 10 days. Then he makes a decision and notifies the client about it. If the application is approved, the applicant must collect all the required documents for obtaining a loan
After collecting the documents, they should be presented to a bank employee	These documents are checked at the bank for some time. If any inaccuracies are found, the borrower will need to provide additional separate documents. A detailed list of documents for collection can be obtained from the bank at the reception
While checking documents, the borrower should start looking for housing	Usually, at this stage, the bank client has already selected a suitable offer for him, for which a loan is issued
Next, you need to assess the market value of the purchased property	the borrower can seek the services of an independent appraisal company or use the services of an appraiser recommended by the bank. The appraiser's report will affect the size of the mortgage provided
After checking the property, the bank approves the transaction	buyer and seller sign sales contract
You will then need to register your mortgage.	At the Rosreestr branch at the location of the property being purchased. A record of the bank's pledge is made in the Unified State Register of Real Estate. You will need to collect a set of papers and pay a state fee
Insurance	The Federal Law “On Mortgage” talks about mandatory mortgage insurance in case of unforeseen circumstances. It is recommended to obtain insurance from an insurance company that cooperates with the bank. Such organizations have a large list of programs. The insurance policy must be renewed annually. The insurance contract is concluded either before the registration of the mortgage agreement, or after that.

Nuances of obtaining a mortgage

I would like to note this important fact that after paying off the mortgage loan, the borrower must contact the bank branch and demand the mortgage on the living space back. The maximum period for the bank to issue such a document is a month.

It is also necessary to make sure that the documentation contains information that the bank has no claims against the borrower and the debt has been repaid in full. This record is certified by the signature of the head of the department and a wet seal.

When registering a mortgage, the registration authority does not have the right to require any documents from the borrower other than the loan agreement. According to regulatory legal acts, there is no mandatory form of maintaining state register records. Each service agency uses its own form. We list the basic information that is reflected in the document:

Contact information about the recipient of the mortgage loan.
Full details of the credit institution (name, location, current license of the Central Bank of the Russian Federation).
A detailed description of the collateral (presence of other encumbrances, nuances of the purchase and sale contract, information from technical documentation).
The cost measurement of the transaction in the lending currency.
Information about the appraiser.
General information on the terms of a mortgage.
Date, signature of participants.

When registering a mortgage note, the following information must be indicated:

Full name of the owner of the collateral.
Lender's name.
Brief conditions for granting a mortgage, procedure for repaying the debt.
Signatures of the mortgagee, pledgor.

When applying for mortgage lending, financial institutions have specific requirements for borrowers. For example, Sberbank limits the age of the mortgage recipient: he must be between 21-55 years old. It is very difficult for pensioners to enter into such a contract, since the bank is afraid of the risk of insolvency of the recipient of the funds. The objects of the contract are buildings, houses, apartments, and land plots.

The document must contain all necessary data

A credit agreement or mortgage is concluded at the location of the bank's office, unless otherwise agreed by the parties. When considering a client’s application, the lending department will definitely request income certificates. The applicant's total earnings must substantially exceed the minimum payment, including interest.

Registration of a transaction

Information about the registration of property rights and existing encumbrances on real estate is stored in a special register.

The registry contains the following data:

Borrower information	Last name, first name, patronymic, place of residence, passport details.
Information about the lender-bank	Full name of the bank, telephone number, location.
Information about the subject of pledge	Full address, area, loan amount

In Rosreestr

The Rosreestr Service of the Russian Federation is a government body that carries out state registration of rights.

Information about the registration of a mortgage loan agreement is recorded in the Unified State Register of Real Estate (USRN).

The date of registration of the transaction is determined by the date the entry was made in the register, but not by the date when the applicant submitted the documents.

The period for state registration of rights to residential premises is determined to be five working days.

Registration of the pledge is carried out at the branch of the Rosreestr service at the location of the purchased object.

Payment of state duty

According to Article 24 of the Law “On Mortgage”, state registration is carried out with the mandatory payment of a state fee.

A document confirming payment of the fee must be attached to the application. The amount of the state duty is established in Article 333.33 of the Tax Code of the Russian Federation.

In accordance with this article, the amount of the fee varies for citizens and organizations.

Individuals pay a fee of 1 thousand rubles, and for legal entities - 4 thousand rubles.

The state duty is paid by the mortgagor (borrower). Currently, you can pay for it directly at the Rosreestr service branch using payment terminals, as well as through any bank.

However, the payment receipt should be attached to the application for state registration of the transaction.

Civil servants (teachers, military personnel) are exempt from paying state duty.

For military personnel

A mortgage loan agreement where the borrower is a military personnel goes through the same registration procedure as when registering with an ordinary citizen.

The same should be provided to the state. authority all the necessary documents. The list of such securities does not differ from standard registration.

However, the registration procedure is carried out with the participation of the Federal Administration of the Accumulation and Mortgage System of Housing for Military Personnel (Rovsvoenipoteka), an institution that is responsible for the process of acquiring real estate by military personnel through the “military mortgage” program.

Read here how to get a loan to build a house.

Registration deadlines

The deadlines for registration are regulated by Article 20 of the Federal Law “On Mortgage”.

What documents to have with you

It is better to go to a meeting with an MFC specialist fully armed, that is, with all the documents at once. But, even if you didn’t have everything with you at the first visit, don’t be upset - you can bring in the missing papers. As a rule, the first meeting with an MFC employee is a consultation one.

Registration period

Under the terms of Russian legislation, in 2020, strict time frames have been defined for submitting documents to Rosreestr for registering a real estate acquisition transaction with a mortgage. If the borrower purchases a plot of land, then it is allowed to present forms for registration within fifteen days.

If the mortgagor and the mortgagee come to the conclusion that it is necessary to draw up an additional agreement to the mortgage loan, then this document is also subject to state registration. The deadlines for submitting forms correspond to the main registration. To remove the encumbrance, Rosreestr is given two working days.

The maximum period for registering mortgage transactions cannot exceed one calendar month. If a specialist identifies errors when processing documents, or the possibility of forgery, the forms will be sent for legal examination. The total duration of processing should not exceed two months.

When specialists identify errors or shortcomings in the provided forms, they will return the kit to the applicant. No more than a month is given to eliminate the blemishes. If the buyer of real estate under a mortgage misses the established deadlines, Rosreestr will refuse to accept the documentation and may bring the violator to administrative liability.

When sending documents to the Registration Chamber through the MFC, the deadlines increase by two to three days. Such conditions are introduced because the forms are not transmitted remotely, but through a courier service. Therefore, there is a delay in delivery, and the processing speed decreases.

When registering a mortgage, you should remember the deadlines

How to pay the state fee

The state fee at the MFC for registering property rights depends on what kind of real estate is being transferred. For an apartment you will have to pay a commission of 2000 rubles, while for a garage - 500 rubles. And for shared land it’s even less—100 rubles.

If you start registering ownership of an apartment through the MFC upon inheritance, you will have to pay an additional 0.3% of the cadastral value of your future apartment, but not more than 100 thousand. If the heir is a third party, and not a close relative, then the commission percentage increases - 0.6%, but not more than one million rubles.

The state duty will cost tens of times more if the ownership is registered by a legal entity - 22,000 rubles for an apartment, and 15,000 rubles for land. A repeated extract from the Unified State Register for an individual will cost 350 rubles, and for an organization - 1,000 rubles.

The current MFC details for registering property rights can always be found on their official website or from an employee. You can pay the fee here, in the hall of the center, through a bank terminal.

Self-registration of a mortgage in Rosreestr is not difficult! Deadlines and required documents

If a mortgage is registered by force of law , which must be carried out simultaneously with the registration of property rights, then the general package of documents will also include the documents necessary for registering the property. Their specific list will depend on the characteristics of the property being purchased.

Five (5) working days from the date of acceptance of the application, if the documents are submitted directly to Rosreestr.
Seven (7) working days if documents were submitted through the MFC, since two days are added for delivery by courier.
Three days (3), if the transaction documents were executed through a notary. If such documents are submitted electronically, the registration period will be one day.
It will take three (3) business days to remove the mortgage.

What happens to the mortgage after the mortgage is paid off?

According to paragraph 2 of Art. 17 of Law No. 102-FZ, upon full repayment by the debtor of his debt, the mortgagee must immediately return the mortgage to him. In this case, the document must contain an inscription indicating the fulfillment of the obligation - full or partial.

The inscription contains (clause 2 of article 25 of law No. 102-FZ):

the words “fulfillment of an obligation”;
execution date;
owner's signature;
owner's stamp, if available.

If there is no such inscription on the mortgage and it is not returned to the mortgagor, it will be considered that the debt has not yet been repaid until proven otherwise (Clause 3 of Article 17 of Law No. 102-FZ).

A record of mortgage repayment is made in the Unified State Register of Real Estate within 3 days from the date of receipt of the application. Simultaneously with the repayment of the entry, the mortgage is canceled by affixing the stamp “REDEMPTED” (Clause 3, Article 25 of Law No. 102-FZ). When the mortgage record is redeemed, an application for cancellation of the electronic mortgage is not necessary (Clause 6, Article 13.4 of Law No. 102).

Thus, Rosreestr, leading the Unified State Register of Real Estate, registers the transfer of ownership of real estate and its encumbrance in the form of a mortgage.

However, the mortgagee may request to make a record of the existence of a mortgage in the Unified State Register of Real Estate. He can send such an application in any way convenient for him, including by submitting it to the MFC.

After the meeting has taken place and the employee has received all the necessary documents from you, he must check them again for correctness, errors, typos, or erasures. Checks all items for compliance with the law.

Then the most important stage begins - the stage of transferring the package of documents to Rosreestr, where they are subject to legal examination. If the examination is successful, the registrar will make a corresponding entry in the Unified State Register, and you will receive the desired ownership right.

The grounds for refusal to issue ownership rights may include: inconsistencies in documents, data falsification, deliberate misleading of registry employees, seizure of an apartment.

Country of Soviets

If Rosreestr fails to provide information requested in accordance with an interdepartmental request - up to 30 calendar days (previously not defined);
By decision of the state registrar (except for cases in respect of which a different period of suspension is established) - up to 90 calendar days (previously 30 calendar days);
At the request of the person in whose interests the registration actions are being carried out (possibly only once) - 180 calendar days (previously 90 calendar days);
Until the end of registration actions with the specified real estate, the registration documents for which were previously submitted to Rosreestr (previously not determined);
Before a court decision is made, if there is a dispute regarding the real estate that is the subject of a mortgage, as well as in the event of foreclosure on this property (previously not determined).

Please note => Categories of children who have benefits for visiting a doctor

To register a residential area, you must send all the necessary documents to the Registration Chamber. You can do this in person or visit the multifunctional center. This is a kind of intermediary institution between government agencies and citizens. Documents are submitted to the MFC, and then transferred to the appropriate authorities.

Financial costs

Many buyers of real estate do not understand what determines the cost of the procedure for registering a mortgage at the MFC. The most important point in registering a mortgage for a mortgage loan is paying the mandatory federal fee. Its size is determined according to the criteria prescribed in Art. 333.24 Tax Code of the Russian Federation.

You will have to pay a percentage upon registration

Additional costs may include consultations with private law firms. Specialists charge for services according to the price list. If it is necessary to notarize documents or issue a power of attorney for an authorized representative, the buyer will have to contact the office and pay the established fees.

How long does it take to register property rights?

In the MFC, the time frame for registering ownership of an apartment is quite expeditious and amounts to no more than 10 calendar days (public holidays do not count). In any case, when drawing up an extract, the MFC employee will additionally announce the deadlines for making a decision. By the way, you can track the status of your application using the statement number.

You can find out about the results by calling the application number via the Internet or by calling the hotline. And in some large cities, such as Moscow, St. Petersburg, the MFC notifies its clients via SMS.

The statement number is in the upper left corner. Copy it and paste it into the Readiness Check window. If the system redirects you to an offer to contact by phone number, this means that your MFC has not yet opened access to online checking of results.

As soon as the property title in your name is ready, all the same MFC employees will happily present you with an extract from Rosreestr, the so-called EGRN (Unified State Register of Real Estate). By the way, until 2020, a certificate of ownership was issued instead. The USRN, like the certificate, has the same legal force.

Extract from the Unified State Register of Property Rights

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A large number of transactions in Rosreestr involve registration of a mortgage agreement.

Since January 2020, the deadlines for registering contracts have changed.

Why you need to register a mortgage agreement and how to do it yourself - find out from the article.

Information sources

To register the procedure for purchasing residential, non-residential premises, land and other real estate objects with a mortgage, you must prepare a standard set of forms:

Mortgage lending contract with all appendices, additions, agreements.
Payment receipt for the transfer of state duty to the state treasury.
Application according to the Rosreestr form.

It is better for applicants to protect themselves and draw up an accompanying inventory of the documentation provided. Such actions will allow you to prove the completeness of the data, the list of forms submitted to the government agency. The letter is drawn up in two copies. One of them, marked by a civil service employee, is returned to the applicant.

If the registered object is owned by other persons, permissions from them may be required. Consent is drawn up on a notarized form. When a client buys a finished building, the registration center requests technical documentation; such requirements do not apply to new buildings.

A separate issue is the situation of submitting documents through a proxy. In this case, the representative must have a notarized power of attorney with him. Without it, the MFC and Rosreestr will not accept forms for processing.

When applying for a mortgage, you must provide identification

The mortgage note is drawn up in a single copy, so holders need to take care of its safety. The form is filled out based on the following documents:

The applicant's passport with a registration mark.
Real estate appraisal certificate (market price of the property).
Cadastral documentation for the property, including plans.
Written confirmation of the acceptance and transfer of the object from the seller to the buyer, the right of ownership.
Acts of state registration of marriage, if spouses are involved in the transaction.

For a specific situation, the list of documents can be generated individually. The registration authority will require additional certificates, forms, extracts, and acts. It is better to check with a specialist for a complete list of required forms.

What to do if you are a direct heir

Most often, heirs apply to the MFC to register ownership of an apartment after the death of relatives.

There are two types of heirs:

Those applying under a will.
By legislative order.

Whatever type you are, the first thing you have to do is to contact a lawyer no later than 6 months after the death of the testator to draw up a certificate of inheritance.

Documents that the notary will need:

death certificate issued at the registry office;
an extract from the house administration about the place of registration and personal account of the deceased;
will, if any. If not, then documents confirming the relationship;
ownership of the testator's apartment;
a certificate from the BTI about the market value of the apartment;
cadastral or technical passport. These are two different documents, but the description of housing in them is the same. Therefore, if you have only one of these passports on hand, you do not need to bring the second one;
extract from the Unified State Register.

Keep in mind that the notary will also have to pay the state fee and his services. Having studied the case and the documents provided in detail, the notary must make sure that there are no more applicants for the apartment. And only after that he will be able to issue a certificate. After inheriting the apartment, it is time to go to the MFC to register ownership of the new home.

Certificate of right to inheritance from a notary

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application of the required form;
heir's passport;
certificate obtained from a lawyer;
cadastral (technical) passport;
receipt of payment of state duty.

By the way, if you don’t have time to visit the MFC in person, you can entrust this to a third street. But this can only be done if you have a power of attorney notarized in accordance with all the requirements.