Clients of banks know that with registrationmortgages, they become owners of their own living space, purchased for credit money, but the real estate is imposed encumbrance. The owner of the housing will be a borrower, but not all transactions with it can be carried out without a bank. After the payment of the debt, the burden on the mortgage is removed. Sberbank, like other institutions, proposes to conduct this procedure competently.
Paying for a mortgage is difficult. It is necessary to remember the date of payment, so as not to be listed in the list of delinquents. But after long payments, the day of the last installment is still coming. After that, it's too early to relax. To become a full owner of real estate, it is necessary to remove the burden on the mortgage. Sberbank under this procedure is not much different from other credit institutions.
The concept of
Encumbrance involves a set of conditions,limiting the actions of the owner of real estate. For example, you can not sell an apartment, make an exchange, redevelop, or register a relative. It will work out, but only with the written permission of the bank, which is considered a pledgee. What kind of transactions are prohibited, it is written in the contract.
Even making the last payment does not lead toautomatic removal of restrictions from the living area. Withdrawal of encumbrances from an apartment on a mortgage is not performed by Sberbank on its own. For this, the client must apply to the registration authority with a statement. What documents are required, should be specified in Rosreestr. If the encumbrance is not lifted in time, then this causes difficulties in the future. For example, when selling real estate, many may not agree to buy such a home.
The procedure for removing the encumbrances from the apartment bymortgage in the Savings Bank is carried out according to established rules. When making the last payment in the bank, one must take a certificate of absence of the debt. It is provided after 3 days and free of charge. This document is not obligatory, but it is better to have it. There are cases when with incorrect calculations in the account there are kopecks of debt. Then they are charged with fines, penalties, because of what the customer can become a delay.
Accepts documents for the removal of encumbrances on the mortgage Rosreestr. Sberbank will provide a certificate of absence of debt. It is necessary to collect the following documents:
- A letter from the bank confirming the absence of performance of obligations under the contract. Sometimes it is necessary to provide him with an extract about the loan account.
- Statement of the parties signed and certified by the bank's employees. His sample can be obtained at the bank or the Registration Chamber.
- Mortgage agreement with its copy.
- The original and a copy of the mortgage, which indicates the performance of obligations, as well as the maturity date.
- Passports of persons indicated in the certificate of ownership. They must be present at the time of application.
- Certificate of ownership.
- Confirmation of payment of state duty.
- The court decision, if the mortgage agreement ceased to operate on its basis.
You can find out the exact list of documents inthe registration authority at the place of residence. The requirements differ in each region. Carries out the removal of the encumbrance on the mortgage Rosreestr. Documents Sberbank offers to hand over immediately after paying the debt, so that the procedure was completed in time.
An important step is to write an application. It identifies such information as:
- personal information about the owner;
- name, details;
- credit data;
- information on the absence of mutual obligations;
- request for the removal of the encumbrance.
Make a statement on sheet A4.
Variants of submission of documents
Where is the removal of the burden on the mortgage? Sberbank offers customers to contact the Rosreestr. Only you can do it in several ways. A standard option is a personal appeal to the Federal Service for State Registration. In this case there are no intermediaries, the actions are carried out personally by the client or representatives of the bank.
Send documentation can be mail valuableletter. Signatures on applications are certified by a notary, but the letter itself is sent with a list of attachments and a notice of delivery. But this option will take a lot of time - a visit to the notary, sending the mail. But still receive new testimonies personally.
Can perform removal of the encumbrance on the mortgageSberbank in the MFC. Such organizations operate in many cities, carrying out various public services. First, the centers were created to simplify the procedure for filing various applications and shorten the execution time. But in practice, everything does not look exactly like that. The terms of execution were increased due to the fact that the courier is engaged in transportation of documents.
You can also in another way carry out the removal of the burden on the mortgage. Sberbank suggests using a convenient option - via the Internet. It is necessary to apply through the site of the State Service.
Still there is an opportunity to carry out the procedure with the help of realtors and agencies that perform such services. They will do all the work, only it will not be free.
Appeal to the court
Sometimes the removal of the encumbrance can not be performed with the consent of the pledgee, and therefore everything is carried out through the court. This will be the case if:
- the bank was closed;
- the occupant disappeared;
- the employer does not wish to relieve the burden voluntarily;
- the borrower passed away.
In these cases it is necessary to provide a contract to the court,checks, documents on inheritance. Then the procedure will last longer. This will go to file a lawsuit in court, and then a meeting will be scheduled. If the court makes a positive decision, you need to wait for its entry into force. Then an application is filed with the Registration Chamber for the removal of the encumbrance and the decision of the court.
Order of procedure
The procedure for removing the encumbrance of a mortgage in the Savings Bank is based on the following stages:
- Receipt of documents in the bank. You need to take the originals and make the necessary copies.
- Payment of state duty.
- Record in the electronic queue Rosreestra.
- Meeting with a bank employee, giving him an application for lifting the encumbrance.
- Receipt from the registrar of receipts regarding the receipt of documents.
- On the appointed date, you need to visit the Registration Chamber and receive documents on the removal of the encumbrance.
How long does it take to have anremoval of the burden on the mortgage in the Savings Bank? The testimonies indicate that it takes about a month, but it may take two. This procedure should be followed immediately after the repayment of the debt, because then in the future there will be no difficulties with real estate transactions. The procedure for removing the encumbrance on a mortgage in Sberbank is the same as in other organizations.
It is important to discharge the charge in a timely manneron a mortgage in the Savings Bank. The deadline is set for the compulsory passing of the procedure. It is advisable to contact the bank one month before the scheduled closing of the contract. This time is enough for recalculations, registration of the necessary package of documents and the rest of the work.
When the settlement took place and the paper was filed inRosreestr, then after that it is issued 3 days to make entries for mortgage payments. Therefore, there can not be delays. This applies to cases where the procedure is performed by the borrower independently. Notify us with a statement in the EGRP.
If you do not take any steps, but simplyto apply to the bank, you will have to wait 45 days until the encumbrance is withdrawn from the former borrower. In automatic order, it is withdrawn after the expiration of the mortgage, Rosreestor's agreements with the bank and making a decision.
This may take about 3 months. Therefore, if the application is not submitted by either the bank representative or the client himself, the automatic cancellation of the encumbrance takes place within 3 months.
For 3 years, former borrowers needkeep statements, receipts for payments and other documents related to the bank. This is the statute of limitations, which must be waited and not destroyed documentation on the mortgage. After the amendment by Rosreestr, the client can create in this body legal documents for the purchased housing, where there will be a bank mark. But this service is paid - you should pay the state fee.
Sale of property
It is important to know how to properly sell housing, ifit is still under the burden of the bank. This happens when the borrower does not have the funds or has difficulties with paying the mortgage, because of which the pledge becomes the property of the bank. To pay a loan, real estate must be sold, and the funds used to pay for debt. The client has some money left.
Independently carry out the sale of real estatewill be difficult, since the bank controls all transactions that the borrower is trying to fulfill with a pledge. In addition, it is important for the sale to ensure that the object is not under encumbrance. Therefore, the transaction can be executed with the permission of the bank itself.
The buyer must take a certificate from the EGRP onthe amount of mortgage debt. It is required in order to know how much is left to pay the loan. In practice, the removal of the encumbrance takes about 2 months. But banks can delay the time. The procedure itself is not complicated, you just have to go through it in a timely manner.
Usually it takes more to remove the burdentime, than on registration of the mortgage. The reason for this is a thorough check by credit officers whether everything was paid by borrowers. But this may be due to technical measures providing for monitoring and amending the Register of Rights.
Often there are such situations that after 2month after the contract is closed, an alert is received on the need to pay certain amounts. If this happens, you need to contact the bank with a certificate of payment of the debt. It can only be a technical error or human inattention.
There are also situations where the client does notmade a timely payment, and a penalty appeared, which was not paid. Such cases are often, so they need to be ready. If the bank legally charged the debt, it is best to pay it, closing the mortgage completely. There are customers who argue on such occasions, refusing to pay. Then the bank goes to court, which makes a decision in its favor. And the client only needs to pay the assigned amount.
When the encumbrance is lifted, the landlordbecomes its full owner. Therefore, he can make various transactions, for example, sale, exchange, leasing. And everything will be done legally.