How to check an apartment before buying?: Real Estate newspaper

How to find out the cadastral number

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To obtain information about an apartment, it is enough to know the address of the location of the object and the cadastral number. You can find out whether there is a mortgage on real estate on the electronic resource of Rosreestr or third-party sites. To obtain a cadastral record number, follow these steps:

The cadastral number reflects the characteristics of a particular property. It is an identifier of a specific apartment and distinguishes it from other buildings, residential premises, structures, etc.

An entry in the cadastre is assigned to housing once and is retained during the transfer of ownership of the object and during other disposal of property. The number changes when there is a significant change in the characteristics of the object, for example, dividing a residential building into two separate residential premises with separate entrances, which are listed as independent objects.

There are several ways to obtain a cadastral number:

through the MFC or at the cadastral chamber;
when producing a cadastral passport, information is entered into the document;
in the certificate of state registration of rights to the property, issued by departments of Rosreestr;
online.

The service is provided via the Internet through the Rosreestr website. in the section “Reference information on real estate objects”. To do this, you need to fill in the “Address” field, then the cadastral number of the housing will appear.

How to find out if an apartment is pledged upon purchase

An encumbrance on an apartment is usually registered:

when buying a home using credit funds;
when paying the cost of real estate in installments;
when seized by a court decision or order of bailiffs;
when making partial payments under an apartment alienation agreement.

Obtaining information about a property is available in two ways:

By issuing an extract from the Unified State Register. Any interested person can submit an application by writing an application in one of the Rosreestr branches at the address of the apartment. The document also reflects the full name of the owner and the basis for the emergence of ownership rights: a purchase and sale agreement, a court decision or an act of a state or municipal body, etc. The extract is provided either electronically - on the Unified State Register website or in paper form - issued in the Rosreestr department.

The service is paid at a rate of 100 rubles. for one statement. The payment is made in the region where the branch of the state institution is located in Sberbank or other financial organization that accepts such payment.

The period for issuing an extract is 1-2 days. The paper is certified at the department with the blue seal of the territorial department of Rosreestr and the signature of the employee who compiled the document, or with an electronic seal when requesting information online. The date of the report must be indicated.

Through third-party resources that have access to a single real estate database for a fee, for example, the Ktotam.pro resource.

The address in the USRN database must match the actual one entered in the search request, otherwise the information will be provided incorrectly.

This is what the restriction on the disposal of real estate in the database will look like:

The features of registering a person in a privatized apartment are discussed in the article: how to register a person in an apartment. About the release from the apartment through the State] is described here[/anchor].

How to check real estate for collateral

Financial structures, including banks, issue mortgage loans to a citizen’s apartment or land, while all property is pledged to the bank.

The Civil Code of the Russian Federation, in Article 131, provides for the mandatory condition of entering information about the pledge into the official Unified State Register of Real Estate, and through the Unified State Register of Real Estate extract you can find out how to check real estate for pledge .

In turn, the pledge procedure is one of the types of encumbrance or restriction of a citizen’s property rights until obstacles are removed.

You can order an extract from the Unified State Register of Real Estate on the availability of real estate as collateral here.

What does the institution of real estate collateral mean?

The legislator has given a clear definition of what a real estate pledge is, and what restrictions and obligations are imposed on the persons subject to the pledge. Most often, collateral refers to mortgage lending that applies to real estate.

The mortgage or home loan itself has the following characteristics:

The loan has a targeted use of funds exclusively for the purchase of housing.
For the entire period while the mortgage is in effect, or until the debt is fully repaid, the encumbrance applies (prohibition of the sale and transfer of property to other persons).
Mortgage lending, as an independent financial product for the purchase of housing, acts as collateral until all conditions are met in full by all parties.
It is prohibited to carry out any actions with real estate until the interested party, in this case the bank, participates.

If you nevertheless decide to sell property that is pledged to the bank, then you definitely need to visit your financial institution, which will develop a special sale program within the framework of the current mortgage legislation, including in compliance with the terms of the concluded loan servicing agreement.

Why is it necessary to order an extract from the Unified State Register of Real Estate?

In order for the purity of the transaction to be at a decent level, you will need to order an extract from the Unified State Register of Real Estate to make sure that the object of property rights is not listed as collateral. There are cases where some apartment owners sold housing with hidden restrictions that appeared after the transaction took place. Hidden restrictions include:

The presence of hidden owners of property rights who remain even after the transfer of housing to another owner.
The presence of citizens who were deregistered but retained the right to use, for example, convicted persons.
Restrictions on the privatization of an apartment, after which the owner retains the right to use the property.

By ordering an extract from the Unified State Register of Real Estate, you can obtain comprehensive information regarding the required object of law. Currently, the single registration authority that contains all information about the object of law is Rosreestr.

How to check real estate for collateral through the Unified State Register of Real Estate

On our website you can order an extract from the Unified State Register of Real Estate, which will help you answer the question of how to check real estate for collateral through the specified type of document.

Please note that information about the collateral is in section 2 of the statement in subparagraph 4.

Source: https://KadastrMap.ru/kadastr/kak-proverit-nedvizhimost-na-zalog/

Is it possible to do this online

Information uploaded via the Internet to the Rosreestr website is not always true, but any citizen or organization can check it. Despite the fact that information is uploaded periodically, technical problems may occur, which does not guarantee that real results will be uploaded.

In this regard, it is recommended to contact the departments of a government agency in person or by proxy on the basis of a certified power of attorney.

To make a request, you need to go to the Rosreestr website, cadastral number, enter the address of the apartment and click “Formulate a request.” As a result, the owner’s data, cadastral number and encumbrances on the housing will be displayed. This can be as a pledge from the bank, for example, under a mortgage agreement, arrest on the basis of an order from the Bailiff Service, etc.

If the apartment number is not reflected in the list that opens, then information about the property is not in the state register.

For information about encumbrances, click “Restrictions and Rights.” The section reflects information about pledges or arrests; information about the grounds for their imposition may be indicated, or the field will not be filled in.

The website displays information about updating the data; you can see it on the page with a record about a particular apartment.

If there are no encumbrances on the apartment, then the entry “Not registered” will be displayed in the corresponding line.

The filled field may contain information about the mortgagee, for example, a mortgage under an agreement with Sberbank of Russia.

When submitting a request, you must select the following characteristics of the issued document:

with/without electronic signature;
with the signature of an authorized person and the seal of Rosreestr in paper form.

The received act is sent to the applicant’s email address specified when filling out the request.

You can also get an extract through the website on the website whotam.pro. The document is sent in an electronic format, convenient for reading on any browsers and devices, html. The cost of processing one request is 250 rubles.

The time for sending information is reduced compared to the procedure on the Rosreestr portal, which is often overloaded, and ranges from 5 minutes to 24 hours. This way you can get information quickly without delays.

To send a request, you need to go to the website whotam.pro, indicate the exact address with the region, locality, then click the “Click” button.

As a result, a message may appear stating that the Unified State Register does not provide information on the specified object. This means that the information is not downloaded from the Rosreestr portal or an error was made when filling out the address. It is also possible that the transaction with the property was carried out before 2000, when the information was not yet entered into the unified real estate database for Russia.

Previously, registration took place through the services of the BTI and notaries, so the information may be lost and must be entered into the state register only when conducting transactions with an apartment during a one-time inventory of the property. Only the owner of the apartment or a representative by proxy has the right to make a request to the BTI.

To make payment, you need to check the characteristics of the object and click the “Next” button when ordering an extract from the Unified State Register.

Payment is made using a Visa or Mastercard bank card, as well as through Robokassa - online electronic payments. In the latter case, the money is debited from your WebMoney, Yandex.Money or Qiwi wallet. Payment is also possible through terminals or using a code in an SMS notification to a mobile phone.

If you plan to purchase real estate with a mortgage, it is not necessary for the purchaser of the apartment to receive a statement. When registering such transactions, restrictions on the disposal of the apartment are usually checked independently by the bank that issues the loan funds.

Checking an apartment before buying: who can help?

Document verification is carried out by realtors if the purchase goes through an agency. Also, similar operations are performed by notaries who register the transaction online, and by the bank if the apartment is purchased with a mortgage. The notary has access to a database, with the help of which he checks the presence of encumbrances, debts, arrests on housing, and he also conducts electronic registration (since 2020). Only the property owner has the same access. Therefore, it is clear that you cannot do without a notary - it is important to find an experienced specialist who will thoroughly check the history of the property.

Registration of real estate transactions with a notary: nuances and cost >>>

Restrictions recorded in the USRN extract

In addition to information about the owner of the apartment and the basis for his receipt of ownership rights, the extract records the restrictions that apply to the object:

about the claims of other persons to the apartment - the concluded mortgage agreement with the bank, alienation with citizens and organizations;
legal actions in relation to the object - arrest by order of the court or bailiffs;
the right to claim the apartment of third parties - to have it in lease under an agreement, or for other use under a transaction;
distribution of shared ownership of the object, its location in common ownership, for example, spouses, etc.

The document may also contain information:

about the legal capacity of the apartment owner, data about his mental state;
about the transfer of ownership - information is reflected in a limited manner;
about title documents - grounds for acquisition: purchase and sale agreements, exchange, privatization, court decision, etc.

When planning a transaction for the sale of an apartment, it is necessary to ensure the “legal purity” of the property in order to avoid problems with the claims of third parties, possible seizure or collateral for the fulfillment of loan obligations by banks, state and municipal structures.

To do this, the seller is requested to provide a fresh extract from the Unified State Register for the date of the transaction. If he refuses to provide the specified document, it can always be obtained from the Rosreestr unit at the location of the object or in a simplified online mode. The processing time for a document using various methods ranges from several hours to a maximum of 3 days.

The consequences of an apartment being pledged may be the following: the property will be described and seized for sale at auction to fulfill monetary obligations. This means that the current buyer will be deprived of the right to dispose of the purchased property.

The only way for him to return the money spent would be to go to court to terminate the purchase and sale agreement or other paid transaction with a demand for the return of the money spent on the purchase of the apartment.

This is a standard legal mechanism for presenting claims, however, today the option of registering the transfer of rights with an encumbrance is possible only if the buyer agrees with the risk of purchasing real estate as collateral. This action is controlled by Rosreestr employees and checked for compliance with the law in order to avoid recognizing the transaction as void.

For details about the privatization of an apartment in 2020, read the article: what is needed to privatize an apartment in 2020. Is tax paid when donating an apartment to a relative? Find the answer on this page.

How to find out whether land surveying has been carried out, find out here.

Checking the apartment for arrest or bail

Any real estate transaction is accompanied by a comprehensive verification of the data provided by the seller. One of the important stages that every buyer must go through is checking the apartment for a deposit upon purchase .

To do this, an extract from the Unified State Register is requested. The document reflects the owner’s data, the grounds for obtaining housing rights and other information, incl. bail .

is checked for collateral online or when a citizen contacts Rosreestr in person.

Why is a collateral check necessary?

The seller of the property may actually be the owner, but have restrictions on use due to the fact that a mortgage . Thanks to an extract from the Unified State Register, any person can identify such restrictions. An apartment is checked for collateral in the following cases:

If a pledge , then the apartment is owned by the bank until the loan is fully repaid. Real estate can be sold legally, but the credit institution must give its consent to the sale in writing. Therefore, checking the apartment for collateral with the bank is one of the mandatory points when concluding a mortgage agreement.
An apartment for which a mortgage cannot become an object of encumbrance again.
Not only the mortgage , but also the right to lease the property can prevent its further use. The lease agreement allows the tenant to live in the apartment until its term expires.
A issued life annuity imposes on the owner the obligation to maintain the annuitant until his death.
Checking an apartment for arrest helps to identify real estate that has been seized. A transaction with such an object will not be registered in the future.
When transferring an apartment to trust management, a power of attorney is drawn up with a notary. If there is no power of attorney, then the property cannot be sold.

How the encumbrance is removed

The deposit is removed after the borrowed funds have been paid in full. After the loan has been fully repaid, the client must contact the bank, obtain a certificate and submit it to Rosreestr to change the information.
The trust management terminates upon the sale of the property. The manager's power of attorney expires after registration of the transaction.
In other cases, to remove the encumbrance, you must obtain a document confirming the fact of its termination - a certificate of debt payment, a court decision, etc. The document is submitted to Rosreestr for making changes to the Unified State Register.

The buyer must ensure that the lien is cleared before closing the real estate transaction.

An extract from the Unified State Register allows you to obtain accurate information.

How to order an extract from the Unified State Register of Real Estate

order an extract from the Unified State Register of Real Estate in order to check the property for collateral in several ways: at Rosreestr, through the MFC, on the Rosreestr website or online.

Methods that require personal visits to government agencies take a lot of time from the applicant. In addition, the extract is not issued immediately, but after 5-7 days.

If you submit an application through the Rosreestr website, it will take even more time.

Drawing up an extract from the Unified State Register of Real Estate online to check real estate for collateral is simple, convenient, accessible and fast.

The applicant receives the document electronically and it will only take a few hours. All information ( bail , arrest) is completely true.

The electronic extract from the Unified State Register for collateral has the same legal force as the paper version.

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How to order an extract online

order an extract for checking an apartment for a deposit on our website using a special form. You are required to provide minimum information about the property and submit your request. The response comes electronically to the specified email address.

The file can be opened on any device or printed. It must be remembered that the extract has a statute of limitations. It is usually valid for a month. If more time has passed, it is recommended to order another extract, because... Changes may have occurred during this time.

The deposit could be withdrawn or, on the contrary, issued. If you are planning a real estate transaction, you should order an extract a few days before it takes place.

Checking the apartment for collateral will allow you to protect yourself from the actions of scammers and buy an apartment without encumbrance.

Source: https://xn—-8sbhhxkndeik.xn--p1ai/proverka-kvartiry-na-arest-ili-zalog/