What documents remain with the notary?

What is an ID card

An identity card is a document that contains information about a person, recorded by official authorities. Such documents are classified into two types: universal and limited in scope .

Universal ones are those that are established at the federal and legislative level. And those with a limited scope of application are those that are established by local acts, instructions, and internal regulations.

Certificates from PND and ND

If the seller bought the apartment with a mortgage, ask if it has been repaid. If not, and you are ready to pay off the loan for the seller after purchasing the apartment, take out a mortgage from the same bank as him. It is almost impossible to do this in different banks.

Additionally, the seller can provide a clean certificate of registration of the right, a certificate from Rosreestr, or show an extract from the Unified State Register of Real Estate, which states that there are no encumbrances.

Certificate of absence of debt to the bank, that is, repayment of the mortgage
Certificate of absence of debt to the bank, that is, repayment of the mortgage

If after the transaction it turns out that the seller is incompetent, the contract is considered void.

Certificate from the IPACertificate from IPA
Lawyers say that IPA and ND certificates do not provide a 100% guarantee. But if there is a recent certificate, then the seller is more likely to be adequate. Therefore, it is necessary to obtain certificates.

In practice, these certificates are asked only from adult owners. They are issued personally to the citizen on the day of application.

If the seller is elderly

An elderly person can sell an apartment.
Be sure to ask such a seller for certificates from the IPA and ND. But if you still doubt his competence, invite a psychologist who is certified to participate in real estate transactions to the transaction. He will work with the seller before signing the contract and decide whether the seller can go ahead with the deal. This is difficult for the seller from a moral point of view, but it is safer for you. After the psychologist’s opinion, you will be sure that the transaction will not be challenged due to the seller’s incapacity.

We invite you to read: Guardianship authorities handed over the children to the father; can the mother return them through the court?

Practice with psychologists on transactions is most common in Moscow. It is easy to find such a specific specialist in the capital. In St. Petersburg and other cities it is much more difficult.

Form 9 confirms who is registered in the apartment. If you do not check this document and it turns out that the apartment is registered with a person who, for example, is in prison, then when he returns, you will have to share the apartment with him. Such situations are rarely resolved verbally; they almost always involve courts, money, nerves, time, and no guarantees that you will continue to live peacefully in your apartment.

Spouse's consent to purchase

Form 9 is issued in two types: regular and archival - complete. Check both: it's safer. The regular statement lists the people who are currently registered in the apartment. The archive lists everyone who was registered before. In the archived extract, you need to see if there are any minors or pensioners temporarily discharged from the apartment. If there is, ask where they are now, ask for supporting documents and go to a lawyer for advice.

The archive card needs to be taken once, and the regular card – several times per transaction. When they started checking the documents, ask for a fresh Form 9, when the owner checked out of the apartment - too. When the apartment is already yours, take Form 9 yourself and check that no one else is registered there.

Archive form 9Archival form 9
This property is held as bank collateral until the loan funds are fully repaid.

Once the debt is repaid, the encumbrance must be removed. They do this through Rosreestr, by submitting an application on their own behalf or on behalf of the bank. The owner needs to attach a loan agreement and a certificate of debt repayment to the standard package of documents.

After checking the documents, a mark indicating the removal of the encumbrance is placed on the Certificate.

The procedure for removing the encumbrance does not require payment of state duty and is carried out within three days. If you wish, you can reissue the Certificate, then you will need to pay a state fee.

If the mortgage loan is issued to one family member, and after paying it off you plan to make the apartment the property of several family members, you must transfer the housing into shared ownership.

Read about how the process of buying and selling a share in an apartment works in this article.

Buying or selling a home is a difficult and long-term process. Your further moral peace and material well-being depend on the correctness of your actions to complete it. Do not forget to take into account every little detail in the design so that the joy of the purchase is not overshadowed by any problems. So we looked at what needs to be done after purchasing an apartment, and what documents remain with the buyer after purchasing an apartment.

Identity documents

What document proves the identity of a citizen of the Russian Federation?

To avoid getting into an awkward, absurd situation when you are trying to buy an airline ticket using a student ID, you need to know the exact answer to this question.

So, let's consider what documents identify one as a citizen of Russia, a foreigner, a stateless person (stateless person) or confirm that a person belongs to a certain social group.

The main document that verifies a person’s identity in Russia is a passport of a citizen of the Russian Federation. This procedure is established by regulations, in particular, Presidential Decree No. 232, Resolution of the Cabinet of Ministers No. 828.

The passport contains a lot of personal data:

  1. Last name, first name, patronymic.
  2. Location.
  3. Marital status of the person.
  4. Military duty.
  5. Presence of children under 14 years of age.
  6. Data on previously issued passports.
  7. Information about the presence of a foreign passport.

There is a list of documents that can identify your identity instead of a passport:

  1. Temporary identity card of a citizen of the Russian Federation. It is issued when a Russian passport is lost or replaced and is considered a full, but temporary replacement.
  2. Serviceman's ID. Possible only for active officers.
  3. Military ID. A document that conscripts and reserve employees have. Also for the military - a military personnel identification card.
  4. Passport of a citizen of the USSR. Valid in cases where a replacement for a new internal passport has not yet been made.
  5. Seaman's identity card (seaman's passport). For those who work on a merchant or fishing vessel, to certify Navy employees.
  6. Child's birth certificate. The main document for children under 14 years of age who have not yet received a passport.
  7. Persons who have been released from prison confirm their identity with an appropriate certificate.

However, documents from this list replace a passport only for a limited time or only in specific, individual cases, but not on an ongoing basis. You can’t throw away your passport and leave only your sailor’s ID, for example.

In addition, the use of documents replacing a passport is not possible in all cases . In more serious situations, even a copy of a passport certified by a notary is not enough - this happens if you need to carry out a financial transaction or legal paperwork.

In Russia

Sometimes there is a need to confirm your belonging to a specific country.

Let's look at the documents that will confirm that you are a citizen of Russia:

  1. International passport.
  2. Diplomatic passport (for employees of the Ministry of Foreign Affairs).
  3. Service passport (for employees in government positions; military personnel, if they are on a long business trip outside of Russia).

There are cases when the opposite situation occurs, when a foreigner needs to confirm his identity in Russia.

Identity documents of a foreign citizen in the Russian Federation:

  1. Passport of a foreign citizen.
  2. Documents approved by an agreement between the Russian Federation and another country, for example, a migration patent (work patent), which can be obtained by citizens of Azerbaijan, Abkhazia, Tajikistan and some other countries.

There are persons who do not belong to any state and have no citizenship - stateless persons.

Documents confirming the identity of a stateless person:

  1. TRP (temporary residence permit).
  2. Resident card.
  3. Certificate of provision of temporary asylum.
  4. Refugee certificate. If it passes the registration stage, then a certificate of the submitted application is presented.

There are times when it is necessary to confirm your belonging to a certain social group or the presence of skills in a certain field of activity. These documents do not confirm your identity; they are used for convenience in local institutions that have introduced their own means of identification.

Here is their list:

  1. SNILS (individual personal account insurance number).
  2. Pension certificate (issued until 2020, now you can just get a certificate).
  3. Student ID (for example, will be required for admission to an educational institution).
  4. Social card.
  5. Certificate of a member of a professional or other society, for example, a lawyer, a disabled person.
  6. Driver license.

There are many myths and disputes about driver's licenses. The fact is that this issue has not been finally resolved at the state legislative level.

On the one hand , the Supreme Court recognized a driver’s license as a document that contains all the necessary data and details, but no specifics were given about what this information was.

On the other hand , not a single legal act includes a driver’s license among the list of documents proving a person’s identity.

In foreign countries

In a number of countries, the personal identification system is radically different from the Russian one.

Let's start with the USA. In this country, there is no obligation to have a citizen’s passport or other similar document; if you wish, you can purchase its equivalent in the form of a card with a chip or in regular paper form (familiar to citizens of the Russian Federation).

And the main documents that personally verify a person are a driver’s license and a card issued by the Social Security Administration.

Of course, this does not mean that in the USA they are forcing everyone to get a driver’s license, since this skill is required for everyone, it’s just that instead of them, the Department of Motor Vehicles issues an identification card , which does not give the right to drive vehicles, but still great acts as an identity document.

The identity verification system in Sweden is interesting and minimalistic. This country is a complete antipode to Russia in this direction, since the Swedes consider paper passports the most unreliable means, and they themselves prefer to use a number.

In many cases, it is enough to know only your number , but in more serious situations, for example, to take out a loan from a bank, you must have a plastic biometric ID card.

But this card can also be replaced with a driver’s license or taxpayer ID, which is enough to travel to neighboring Scandinavian countries. However, for flights to distant countries, a regular paper passport is still preferable.

The main trend in many countries is a move away from paper documents and a transition to plastic biometric cards, since the possibilities of fraudsters in this case are sharply reduced, and the tool itself is compact and easy to use.
Thus, modern methods of protecting personal information and means of identification are gradually being introduced, for example, scanning the retina, taking fingerprints and other information contained in the microchip of the card.

Spouse's consent

Also check whether the spouse had consent at the time of purchase of the apartment. It is impossible to verify 100% whether the seller was married or not. He might lie. Therefore, if the seller says that he was not married, ask him to write a notarized statement that at the time of purchasing the apartment he was not married.

The notarial consent may indicate a validity period; you need to check whether it has expired. Consent is usually issued for a specific apartment, so be sure to check its address and characteristics.

We suggest you read: Complaint against the actions of the seller

There are exceptions when consent does not need to be checked, for example, if you buy an apartment that was received as an inheritance or gift. But there are still risks, so it is better to have the documents reviewed by a competent lawyer.

As for you. If you are married, take your spouse's written consent to purchase. Otherwise, if the relationship with the spouse deteriorates, he may challenge the deal.

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