Registration of ownership of real estate in the MFC

1. How can you contact the MFC at a location other than your place of registration?
2. What services can be obtained at any MFC
3. Territorial and extraterritorial principle of applying to the MFC
4. Terms and costs for extraterritorial circulation

We order an extract from the Unified State Register at the MFC

Land surveying through the MFC: implementation principle and features

Sometimes it becomes necessary to contact Multifunctional Centers (MFCs) other than your place of registration, so it is better to clarify in advance what you can do in this case. Since January 2020, the list of services provided to the population through the MFC has expanded significantly.

However, the adopted Federal Law is being implemented gradually according to the approved schedule, so in each region it is necessary to clarify what services are available regardless of the citizen’s registration at the place of residence. Find your nearest center in our directory.

General information

Mortgage lending is one of the most popular ways to purchase a home today. The bank offers the most affordable mortgage conditions. The main requirements are a stable income, a suitable age, a good credit history and the presence of guarantors. Once the borrower executes a mortgage agreement and purchases a home, he has the right to register the title.

But in this case there are certain restrictions. Until the owner buys the apartment from the bank, he will not be able to dispose of it at his own discretion. An encumbrance is placed on the property, which can only be removed after the mortgage is paid off. Until then, the buyer has the right to carry out all legal actions with real estate only with the permission of the mortgage bank.

Procedure

To register ownership, the buyer of housing must go through all the stages:

1. Collection of documents. You will need not only title papers, but also documents from the bank, because the apartment is pledged.
2. Payment of state duty. Its size is 2 thousand rubles. Based on some innovations, it is now possible not to provide a payment receipt. But in practice, this rule is not used so often, so it is better to confirm payment when contacting the registration authority.
3. Send to the multifunctional center and submit papers.
4. Obtain documents confirming the registration of property rights.

If there are any problems with the documents (for example, errors or missing required papers), the applicant will be informed about this. The procedure will be suspended until the violations are corrected.

Then, when a mortgage has been issued for an apartment in a new building, the developer has certain obligations. Therefore, it will not be possible to register ownership until:

• issue a technical certificate for the building;
• draw up a transfer and acceptance certificate for the new building;
• obtain permission to operate the building;
• carry out the registration procedure;
• receive and assign a postal address to the house.

As soon as the developer carries out these actions, the procedure for registering ownership can begin.

Features of the procedure

The phrase “state registration of an apartment” means a legal act that recognizes and confirms the emergence of ownership rights and its termination. For example, its transfer from one person to another through inheritance or redemption from the state during privatization.

Terms and requirements

Any action of the owner aimed at making any transactions with real estate owned by him is subject to recording in a government agency. It must be carried out on the day of any type of transaction. Its participants must contact the registrar, who issues a corresponding receipt indicating their list of documents.

It indicates the date of issue of the certificate of ownership issued to the buyer. If it arises by force of law, then its registration is carried out without notifying the copyright holder or acquirer.

In accordance with the instructions of Federal Law No. 218-FZ, registration of ownership of an apartment in the MFC mortgage documents involves securing the collateral. This is the apartment purchased with credit funds. It will be at the disposal of the bank until the debt is fully repaid.

The borrower is granted only the right of ownership and use, while being deprived of the opportunity to enter into any transactions with it.

List of required papers

A certificate of ownership is issued on the basis of a number of documents, the list of which is established by the legislator.

These include:

• general passports of adult family members;
• birth certificates of children under age;
• technical and cadastral passports of the apartment;
• a power of attorney executed by a notary, if the procedure will be carried out by a third party;
• receipt for payment of state duty.

The list of documents varies depending on the order of the procedure. When performing initial registration, the above are presented. As for the secondary one, in addition, documents are submitted that substantiate its occurrence. For example, a purchase and sale agreement.

Submission deadlines

The legislator has provided specific deadlines for apartment registration. In accordance with the instructions of Federal Law No. 2318-FZ, the owner is given 10 calendar days to register his ownership. The period is counted from the date of its occurrence. In some regions, this period has been reduced to one working week.

Payment of state duty

The obligation to pay state duty on Russian citizens is imposed by the standards of Federal Law No. 210-FZ. It emphasizes that it is paid for the performance by state or municipal bodies of legally significant actions in favor of citizens.

Payment is made in the amount for:

The norm was established by the provisions of Chapter No. 25 of the Tax Code of the Russian Federation, which regulates the procedure for collecting mandatory payments and fees from citizens.

Documentation

You can find out what documents are needed for registration at the multifunctional center. The list includes the following papers:

1. Identity document of the owner. If it is assumed that there will be several owners, their passports will also be required.
2. Contract of sale.
3. Statement.
4. Cadastral and technical passports. To prepare these documents, you should contact the BTI at the location of the property. If the apartment was registered earlier, and all technical information is in the registry, then you do not need to provide these papers.
5. Certificate of payment of state duty. The fee is paid immediately before submitting the papers.
6. Certificate of family composition. It can be easily registered with the management company or housing office.
7. Mortgage on an apartment. It is issued by the bank and is confirmation that the property was purchased with a mortgage.
8. Bank consent to registration.

If a representative is submitting documents, a notarized power of attorney will be required. All title papers must be provided in 3 copies (originals). As for the remaining documents for registering ownership of an apartment, you will need not only originals, but also copies.

Documents must be completed properly. Abbreviations of names, titles or addresses are not allowed. All information must be provided clearly and legibly. The applicant will not accept papers containing:

• corrections;
• erasures or additions;
• strikethroughs;
• notes made in pencil.

All documents must be in good condition, that is, without damage that prevents the information from being read.

Features of registration of property rights

Depending on how the applicant received this property, the registration methods differ somewhat, as does the package of documents that must be provided.

Donation

If the apartment was donated to the applicant, it will be necessary to additionally provide:

• deed of gift (original);
• a certificate of citizens registered in this living space;
• passport of the donor of the property and the recipient;
• certificate of ownership of the donor;
• registration certificate;
• notarized consent of other homeowners (only necessary if the donor is not the only owner, but, for example, owns the apartment in equal shares with his brother).

If the donee is a minor or has been declared incompetent, he will additionally need to provide written consent from the guardianship authorities and a certificate of ownership of the donor.

Inheritance

If the apartment was received by the applicant as an inheritance, then a certificate of inheritance issued by a notary and a cadastral passport must be added to the standard package of documents.

To obtain a certificate from a notary, a citizen will need to first contact a notary office, attaching:

• death certificate of the testator;
• certificate of the testator's place of residence;
• certificate of ownership;
• certificate from the BTI;
• cadastral passport of the object (this document can be issued by the MFC, Rosreestr or the Cadastral Chamber);
• extract from the Unified State Register.

Notary services for issuing this document are paid - the cost of services can be paid at the bank, having previously taken the details, or directly at the office.

Mortgage

Without this document, as well as without the bank’s permission, it will not be possible to register ownership of a mortgaged apartment. A mortgage is not only a confirmation of the fact that real estate is pledged, but also a guarantee of the bank to receive funds from the borrower. Or, as a last resort, to benefit from the sale of property if the borrower cannot repay the loan.

Each credit institution has its own forms of mortgage. But, in essence, their content remains standard and includes the following points:

1. Information about the borrower. Passport details, contact numbers, etc.
2. Information about the mortgage bank. Full details are also included, including license details, location and name.
3. Description of the property. Not only technical information is written here, but also details of the title document (purchase and sale agreement) and the presence of encumbrances from third parties.
4. The cost of the property. The same currency is used in which the loan for its purchase was issued.
5. Information about the person who carried out the appraisal examination.
6. The conditions under which the borrower entered into a mortgage agreement.
7. Date and number.

If the mortgage on an apartment is lost, the owner must contact a bank employee and issue a duplicate. If a credit institution for some reason refuses to issue a document or demands additional payment for registration, you must go to court.

Submission via MFC

To register an apartment with a mortgage in your name, you must submit papers to the registration authority. This procedure is carried out in the Registration Chamber. You can deliver the papers in person, but for convenience it is better to use the multifunctional center. There are a lot of such institutions in Russia, so there shouldn’t be any problems with applying.

In fact, the MFC is an intermediary between citizens and government bodies. All applications and documents submitted to the center are forwarded to their destination. In order to get an appointment with a center employee to register property rights, you can register on the State Services website or receive a coupon when you personally contact an MFC employee.

Help: if necessary, a specialist from the multifunctional center can provide advice on issues related to the registration of rights to real estate.

But the center staff does not provide the following services:

• registration of property rights;
• document analysis;
• drafting legal documents;
• payment of state duty;
• registration of receipts;
• retention of funds, provision of safe deposit boxes, etc.

During state registration of property rights, an MFC employee performs the following functions:

• accepts documents from the applicant;
• checks their number and presence of obvious errors;
• submits it to the Registration Chamber for consideration.

Registration of property rights through the MFC

Currently, multifunctional services provide the following state and municipal services: obtaining a driver's license, obtaining a criminal record certificate, issuing a certificate for maternity capital, replacing SNILS, ordering an extract from the Unified State Register of Individual Entrepreneurs, replacing and obtaining a passport of a citizen of the Russian Federation, replacing a foreign passport, obtaining a permanent residence permit, issuing child care benefits, etc.

Registration of property rights in the MFC is one of the most popular. For a complete list and procedure for obtaining services provided by your multifunctional service center, please check the official website or call the hotline.

User instructions

The property registration procedure has its own nuances. The citizen must complete the following actions:

• Make an appointment with a multifunctional center employee. This can be done by phone or on the official website of the organization. Another option is to visit the MFC in person.
• Prepare the necessary documents.
• At the appointed time, go to the MFC registrar and, with his help, fill out an application for registering the apartment with the cadastral register.
• Pay the state fee at the nearest terminal.
• Receive a receipt for documents acceptance. You can use its number to check whether the certificate is ready.

It is worth mentioning separately some of the nuances of the multifunctional center. The state fee can be paid directly at the MFC office. In addition, if necessary, employees can additionally advise the client on issues of interest.

Multifunctional center employees do not provide receipt forms for receipt of funds by the seller. The user can visit the official website of the organization. Also, the MFC does not provide contract drafting services. If there is no need for its mandatory written confirmation, it comes into force after both parties have signed the transaction and agreed to its terms.

Removal of encumbrance

Even if the owner pays off the mortgage, this does not mean that the encumbrance on the apartment will be automatically removed. Until the borrower himself completes all the documents, the property will be listed as bank collateral. To carry out the procedure, the following documents will be required:

• statement;
• mortgage agreement;
• certificate from the bank confirming the closure of the loan;
• mortgage;
• personal documents.

The papers are submitted through the MFC, after which Rosreestr removes the encumbrance. As confirmation, the applicant receives a new extract from the Unified State Register.

Results

When purchasing real estate, it is important to remember the following:

1. It is necessary to register ownership.
2. While the apartment is pledged to the bank, the owner does not have the right to sell it, donate it, etc.
3. The registration procedure will be carried out no later than one month after submitting the documents.
4. The applicant will need to pay the state fee and provide a receipt.
5. When submitting papers, MFC employees serve each applicant for no more than 10–15 minutes.

Registration of ownership of an apartment with a mortgage at the MFC is feasible if all the documents are available. Otherwise, the owner will subsequently have to collect all other papers during registration, which will greatly increase the duration of the procedure. The main thing in this case is the mortgage and the consent of the bank. Many credit institutions help clients prepare documents, fill out the necessary applications, etc. Therefore, problems should not arise.

Nowadays, apartments are increasingly purchased through a mortgage. The last stage of such a transaction is registration. According to the law, all real estate transactions must be registered in the state Unified Register. When it comes to a mortgage, it means registering not only the agreement, but also the mortgage. Nowadays, this document is practically not required at the bank to apply for a mortgage loan. But who knows what changes will be in the future, so it is important to know how the registration of a mortgage in the MFC is carried out.

Registration of ownership of an apartment through the MFC

The right to own property arises for citizens after this information is displayed in title documents, which are: contracts, certificates, decisions of various executive bodies. However, in order to be able to dispose of property, the legislation establishes the obligation to carry out state registration of the right to real estate (Article 131 of the Civil Code of the Russian Federation).

An apartment can be purchased for several reasons, namely:

• under a contract of sale, exchange, gift or other agreement, from which the alienation of property to a third party follows;
• by way of inheritance;
• after privatization;
• after payment of share contributions when participating in housing cooperatives.

In all these cases, to register a transaction, citizens can contact any branch of the MFC. Moreover, regardless of the location of the property or registration, you can register an apartment in any region .

Registration of ownership of an apartment in a new building with a mortgage

Through the MFC, you can register an agreement on shared participation in construction if a citizen has purchased housing in a house under construction. The peculiarity of this agreement is that upon registration, ownership does not pass to the buyer. This agreement is preliminary, while the main one can be concluded only after completion of construction and registration of the house by the developer with cadastral registration.

If the new building was purchased with a mortgage, then the loan agreement must also be registered in the prescribed manner. After completion of construction, ownership passes to the purchaser of the apartment, however, the extract from the Unified State Register of Real Estate will contain a note indicating the presence of an encumbrance on the housing . This property can be disposed of only with the consent of the bank or after full payment of the loan agreement.

You can remove the encumbrance after a mortgage through the MFC

To remove the encumbrance, you must contact the bank and fill out an application for a mortgage and a certificate of debt repayment . After the bank issues these documents, you will need to contact the MFC. After carrying out this procedure, the registering authority will issue a new extract from the Unified State Register indicating the absence of encumbrances.

Application for registration of a deed of gift at the MFC

One of the grounds for registering real estate as a property is a gift agreement . The peculiarity of this transaction is that it is free of charge , i.e. property must be transferred free of charge.

The donation agreement, like any other document of title to real estate, must be made in writing. In this case a notarial form is not required , except in cases where property is alienated from the right of common shared ownership.

Otherwise, the submission of documents to the MFC for donation is carried out according to the general rules for registering transactions. MFC services do not include the ability to draw up contracts , so it is necessary to prepare it in advance. Moreover, if errors are made in the agreement, the registration process will be suspended until the parties to the transaction eliminate the violations.

Registration of an apartment as property by inheritance

An apartment can be registered if it has passed to citizens by inheritance . Depending on the circumstances of the call to inheritance, the procedure for conducting the transaction will vary. However, in any case, the title document for registration will be a certificate of inheritance .

In order to receive it, you must first contact a notary with an application for inheritance . Citizens may have this right for the following reasons:

• By will - any citizen can be an heir under a will. However, the legislation establishes a list of persons (disabled members of the testator's family) who have a mandatory share in the inheritance, regardless of the terms of the will.
• According to the law, these persons include relatives of the testator. The right to property arises for these citizens depending on their belonging to one or another line of heirs established by Chapter. 63 Civil Code of the Russian Federation.

To register an apartment, it is necessary to include it in the inheritance estate . To do this, the notary must provide documents confirming that the property belongs to the testator. If such papers are not available, you can contact the MFC with an application to obtain them.

Additional Information

If the location of the apartment is unknown, then through the MFC you can search for real estate by region, but for this you need to document the status of the heir.

After the period for entering into inheritance has passed, i.e. 6 months , a certificate will be issued indicating the property and the size of the share in ownership for each heir.

Registration of a mortgage after the delivery of the property

In our legislation, a mortgage is a paper that serves as collateral for the purchased housing. The bank that provides funds for the purchase of an apartment has the right to transfer it to another financial institution as a guarantee of monetary resources.

Registration of a mortgage and mortgage agreement requires knowledge of all the intricacies of this issue. Each financial institution establishes its own form of mortgage, but, as a rule, the content is standard and includes the following items:

• Borrower details.
• Information about the bank: indicate the full address of the location, information about the license, name.
• Description of the property being purchased. This refers to both technical documentation and detailed data of the purchase and sale agreement, the presence of encumbrances.
• Documents confirming the cost of the apartment, the data is indicated in the currency in which the loan was issued.
• Information about the person who assessed the property.
• Terms of the contract.
• Date, month and year, as well as signature.

To draw up a mortgage, you need to enter into an agreement with the developer company for shared participation in the construction, then collect the necessary documents and go to the bank for a loan. In order to issue money for the purchase of housing, a financial institution will require an appraisal, which will need to be done after the house is delivered.

There are also some conditions for issuing a mortgage:

• The title of the document is mentioned only in the title.
• When compiling for an individual, it is enough to indicate his full name and surname.
• The name of the mortgagee is written in full.
• The mortgage note states the main clauses of the mortgage agreement.
• After registering a document, it is strictly forbidden to change anything in it.
• The mortgage note specifies how the loan will be repaid.

With the help of a mortgage, the bank takes care of its security in case the borrower is unable to repay the funds. The paper is confirmation of the right to real estate.

Documents at the MFC for registering ownership of an apartment

Depending on the method of purchasing an apartment, the package of title documents will vary. The required list in each specific case should be clarified at the MFC . However, the main list, which is provided regardless of the method of acquiring property, includes:

1. Passport or other document replacing it.
2. Application for state registration.
3. Extract of title of the former owner.
4. Receipt for payment of state duty.

You can submit documents for registration in several ways:

• upon personal contact at the MFC branch;
• through a notarized authorized representative;
• by mail, after preliminary certification of documents by a notary;
• through the State Services portal, but for this you must have an electronic signature;
• through a notary.

Application for registration of ownership

fill out an application for registration with an MFC specialist on site when contacting the department. You can also use a ready-made form and fill it out in advance, however, if errors are found, it may not be accepted or the transfer of rights may subsequently be suspended.

However, the process of filling out an application has some features :

• The application has a unified form and is used to register real estate: for cadastral registration, upon the emergence and termination of ownership. In all cases, it is filled out the same way, however, when registering an apartment in section No. 6, you must select the “transfer of rights” item.
• Section No. 2, which concerns the name of the MFC body accepting the application, as well as the data that must be entered into the accounting book, is filled out by the department employee.
• Section No. 10 - after registration, documents can only be received at the MFC at the place where they were provided, so in this section you must select the item “at the MFC at the place where the documents were provided.”

After submitting the application, the MFC specialist issues a receipt indicating the date of completion of registration and a list of the submitted documents . The section “documents attached to the application” may not be filled out if the citizen applies to the MFC branch in person, but you must make sure that all the papers were indicated by the employee in the receipt.

Application form for registration of property rights

Registration of a mortgage at the MFC

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.

Reception is by appointment; this can be done on the website of a specific multifunctional center or by telephone, contacting a specialist directly.

If required, an employee of the multifunctional center can always give competent advice on the issue of housing registration.

The work of the center’s specialists boils down to the following: receiving documents from the applicant, checking the papers for legal errors and compliance with the list, as well as sending the documentation to the registration chamber.

The registration procedure takes 5 days. If a property with a plot of land is purchased, the period increases to two weeks. Submission through the MFC allows you to increase the deadline by another 2-3 days, given that the documentation is sent through couriers.

Is it possible to draw up a contract for the sale and purchase of an apartment at the MFC without a notary?

You need to submit documents for registration after transferring the money to the seller. The apartment is transferred to the new owner after signing the transfer and acceptance certificate. Afterwards, the parties to the transaction must register the transfer of ownership.

As a result of the transfer of ownership to the new owner, a corresponding entry is made in the Unified State Register of Real Estate - a special information database of Rosreestr, which contains data on all real estate objects in the Russian Federation.

You can submit a purchase and sale agreement for registration through a notary (Article 15 of the Fundamentals of February 11, 1993 No. 4462-1), but only if he certified this transaction. If a notarized form of certification of a transaction is not required, you can submit documents to Rosreestr through the MFC .

Features of drawing up a purchase and sale agreement through the MFC:

• transaction registration lasts 2 days longer than when applying to Rosreestr;
• You can pay the state fee right on the spot - there are ATMs in every branch of the MFC;
• You can track the result of your request on the MFC website or by calling the hotline.

When is a notary needed?

To check the correctness of the agreement and make sure that their rights are not violated, the parties to the transaction, by mutual consent, can contact a notary.

A contract for the sale and purchase of real estate must be drawn up by a notary if:

1. A share or several different shares are sold under one transaction (Article 42 of the Federal Law of July 13, 2015 No. 218-FZ).
2. The apartment or part of it belongs to a minor child or an incapacitated person (clause 2 of article 52 of Federal Law No. 2018).

In all other cases, the parties can contact a notary if they wish . The parties to the transaction can draw up and sign the text of the agreement themselves or use the services of a lawyer.

List of required documents for registration of a mortgage

To issue a document you must provide the following documents:

• A passport that must contain registration at your current place of residence.
• Housing assessment document. It is advisable to ask the bank in advance which organizations they trust.
• Cadastral passport, as well as floor plan (copy).
• The act of acceptance and transfer of the apartment.
• Permission to put the house into operation (copy).
• If you have a second half, you will need a marriage certificate.

We must remember that the mortgage is issued in a single copy, so it would be safer to make a copy. If a loss suddenly occurs, it will be much easier to restore it.

The procedure for appraising an apartment for obtaining a mortgage

When registering a mortgage, the banking organization will require a document confirming the assessment of the property being purchased. It is carried out in the following order:

• On the bank's website you can find information about the appraisers it trusts.
• The borrower contacts an appraiser to assess the value of the home. An agreement for the provision of services is concluded and the experts will ask for documents for the apartment.
• Within 7 days, according to the law, a report on the results of the housing assessment is prepared.
• Take the assessment results to the bank.

Why does a bank need to know the market value of the property being purchased? Based on this data, a decision is made on the loan amount for the borrower. Each bank has its own rules, for example, in Sberbank the amount issued will not exceed 85% of the value according to the assessment.

After paying off the mortgage debt, the borrower has every right to contact the branch to get the mortgage back. Within a maximum of a month, the bank must respond to this and return the document. It is important to check it for a note that the bank has no claims and the entire debt has been repaid; the record is certified by the seal and signature of the head of the institution.

It is also important to know that it is allowed to sell mortgages on the territory of the Russian Federation. But there is no need to worry about this. The new owner of the document does not have the right to change the terms of the mortgage agreement. Simply changing the account to transfer the monthly loan amount.

If now banks do not always require a mortgage, it may happen that without this document it will not be possible to take out a mortgage loan, so it is better to know about the nuances of obtaining a mortgage.

Registration of a mortgage at the MFC

To register a mortgage with the MFC, documents must be sent to the Registration Chamber; this can be done either in person or by visiting the multifunctional center. Documents are submitted to the MFC, and then transferred to further necessary authorities.

Acceptance of papers for registering a mortgage at the Moscow MFC is carried out by appointment on the website of the required multifunctional center or by calling the MFC. If necessary, an MFC employee can always competently and clearly advise on the issue of housing registration.

In order to register a mortgage, only 5 days are given. If a house with a plot of land is purchased, the period may increase to 14 days. When registering a mortgage at the MFC, the deadlines can be extended by another two to three days, since the documentation is sent through couriers.

Procedure

To register a mortgage, you will need to follow a certain procedure. Namely:

1. Collect the necessary package of documents.
2. Next, choose a credit institution, as well as a mortgage lending program.
3. After choosing a specific bank, you will need to visit it and write a corresponding application, attaching the necessary documents to it.
4. The credit institution will review the submitted application for a certain time before issuing a decision.
5. If a positive decision is made, you can look for housing. But its cost must be agreed upon with the bank in advance.
6. When an apartment is selected, you will need to evaluate it. To do this, you can use the services of a specialist.
7. If the bank agrees, the borrower can proceed with the execution of the purchase and sale agreement with the home owner.
8. At the end, the transaction registration procedure is carried out. To do this, you must contact Rosreestr by submitting the appropriate application and the necessary package of documents.

Important! The borrower can insure the home both before and after the mortgage registration procedure.

You can contact Rosreestr to register a mortgage in several ways: through the official website (or State Services), personally visit the nearest branch, contact the MFC, or send a registered letter with notification. If the applicant sends a registered letter with a notification, then he must attach a copy of the passport of a citizen of the Russian Federation. The most convenient and popular way is to submit papers electronically. If you use the State Services portal, you can pay the minimum amount of state duty.

Important! If the loan is issued at Sberbank, then the bank offers a new way of submitting documents for registration to Rosreestr:

Required documents

What documents are required when registering a mortgage with Rosreestr? The main documentation package includes:

• a completed application for state registration;
• real estate pledge agreement;
• mortgage agreement;
• mortgage;
• passport of a citizen of the Russian Federation or any other document proving the identity of the applicant.

Mortgage registration cost

The cost of the fee for registering a mortgage agreement is 1000 rubles if the agreement was signed between individuals or between an individual and a legal entity. If the parties to the transaction are two legal entities, then the cost of the duty automatically increases and in this case will amount to 4,000 rubles.

I would like to note that the mortgage encumbrance can be removed before the loan is fully repaid. This procedure is possible by court decision or by mutual agreement between the borrower and the lender.

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.

Conclusion

The procedure for registering transactions for the purchase of real estate within the framework of mortgage lending is not complicated.

Deadlines for registering ownership of an apartment through the MFC

The deadline for registering the transfer of rights through the MFC begins to count from the moment the documents are submitted. According to Art. 16 Federal Law No. 218 dated July 13, 2015, the registration process lasts:

• 9 working days - when transferring ownership on the basis of bilateral agreements.
• 5 working days - if documents certified by a notary are provided: a certificate of inheritance, a certificate of ownership of a share in the common property of the spouses, and also if registration is carried out on the basis of a court decision.
• 1 business day - if the transaction was formalized by a notary.

The law also establishes the following deadlines for completing the actions necessary for registration:

• 7 working days - to register real estate in the cadastral register.
• 12 working days - if documents are accepted for simultaneous registration of ownership and registration of real estate in the cadastral register.
• 7 working days - when submitting documents for registration of a mortgage agreement or DDU.

Also, to be able to register, you must obtain real estate documents. If they are missing, in this case the period for producing an extract from the Unified State Register will be 5 working days . If it is necessary to find real estate that belonged to the testator, then the period for preparing an extract on the availability of property will be up to 30 days .

How to register a mortgage in the MFC

Registration of a mortgage at the MFC

Are a mortgage agreement and a mortgage note the same thing?

How to apply for a mortgage

Issuance and registration of a mortgage in Rosreestr

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

Are a mortgage agreement and a mortgage note the same thing?

Definitions of the concepts “mortgage agreement” and “mortgage” are given in the Law “On Mortgage...” dated July 16, 1998 No. 102-FZ (hereinafter referred to as Law No. 102-FZ):

A mortgage agreement is concluded between the mortgagor (debtor) and the mortgagee (creditor). Its object is to provide the creditor with a preemptive right to satisfy monetary interests in the event of the debtor's failure to fulfill his obligation.

Thus, the mortgage is a document derived from the mortgage agreement. It can be either formalized or not.

How to apply for a mortgage

There is no form of mortgage approved by the normative act; it is drawn up by the mortgagor (debtor) taking into account the requirements of Art. 14 of Law No. 102-

Federal Law. According to this norm, the mortgage must contain:

• the word "mortgage";
• information about the pledgor: full name and passport details of an individual or name and address of a legal entity;
• the same information about the first mortgage holder;
• information about the obligation: the basis for its occurrence, details of the contract;
• amount of debt with interest;
• description of the pledged property;
• information about state registration of mortgages, etc.

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.

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.

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.

The mortgage note is drawn up in a single copy, so holders need to take care of its safety.

Rosreestr for registration of a real estate purchase transaction with a mortgage.

If the borrower purchases a plot of land, then it is allowed to present forms for registration within fifteen days. For residential and non-residential premises of any size, an entry is allowed no later than five days from the date of registration of the mortgage.

The procedure for registering a mortgage with Rosreestr for real estate mortgages will take a similar period.

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

Submitting documents to the MFC

The standard scheme for state registration of real estate transactions is carried out by providing original documents to the territorial division of Rosreestr.

Federal Law must be mandatory. Otherwise, the mortgage will not be considered as such and will not be transferred to the mortgagee.

A mortgage as a security can change the owner, information about this is entered into it itself, the transfer of rights under an electronic mortgage occurs by making an entry in the securities account.

If there is not enough space on the document itself to make an entry, an additional sheet is attached to the mortgage (Clause 3, Article 14 of Law No. 102-FZ).

Issuance and registration of a mortgage in Rosreestr

So, the mortgage is made by the debtor. He submits this document to Rosreestr simultaneously with a joint application for mortgage registration (Clause 3, Article 20 of Law No. 102-FZ). An electronic mortgage is drawn up by filling out a special form on the Rosreestr website or on the government services portal, and is signed with an enhanced qualified electronic signature of the mortgagor and the mortgagee. Other documents are provided in the form of electronic documents

The lender receives the mortgage in hand immediately after making an entry about the mortgage in the Unified State Register of Real Estate, and the electronic mortgage is transferred for storage to the depository.

He has the right to request a mortgage later, until the debt is repaid. Then the mortgage is issued to the mortgagee within a day from the moment of application (clause 5 of article 13, clause 3 of article 13.3 of law No. 102-FZ).

Registration of a documentary mortgage in Rosreestr, or rather, entering information into the Unified State Register of Real Estate about its holder, is carried out at the request of the latter (clause 1 of Article 16 of Law No. 102-FZ).

The mortgagee must notify the debtor of the entry made in the Unified State Register of Real Estate, who continues to make payments until the debt is repaid in full or until he receives notice of the assignment of rights under the mortgage.

If the mortgage has a new owner, information about him is entered into the Unified State Register of Real Estate within 1 day from the date of the applicant’s application (clause 3 of Article 16 of Law No. 102-FZ).

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.

Pledge agreement through the MFC - what documents are needed, procedure

— Hello, dear site visitor, when drawing up a pledge agreement, you need a certificate of ownership of the pledged property and your passports.

Article 329 of the Civil Code of the Russian Federation. Ways to ensure fulfillment of obligations

1. Fulfillment of obligations may be ensured by a penalty, a pledge, retention of the debtor’s property, a surety, an independent guarantee, a deposit, a security deposit and other methods provided for by law or contract.

2. The invalidity of an agreement to ensure the fulfillment of an obligation does not entail the invalidity of the agreement from which the main obligation arose.

3. If the agreement from which the main obligation arose is invalid, the obligations associated with the consequences of such invalidity to return the property received under the main obligation are considered secured.

4. Termination of the main obligation entails the termination of the obligation securing it, unless otherwise provided by law or contract.

Article 334.1 of the Civil Code of the Russian Federation. Grounds for the emergence of a pledge

1. A pledge between the pledgor and the pledgee arises on the basis of an agreement.

In cases established by law, a pledge arises upon the occurrence of circumstances specified in the law (pledge based on the law).

2. The rules of this Code on pledge on the basis of an agreement are correspondingly applied to pledge arising on the basis of law, unless otherwise provided by law.

3. If a pledge arises on the basis of law, the pledgor and the pledgee have the right to enter into an agreement regulating their relations. The rules of this Code on the form of the pledge agreement apply to such an agreement.

Article 341 of the Civil Code of the Russian Federation. The emergence of collateral

1. The rights of the pledgee in relations with the pledgor arise from the moment the pledge agreement is concluded, unless otherwise established by the agreement, this Code and other laws.

Article 346 of the Civil Code of the Russian Federation Use and disposal of the subject of pledge

1. The pledgor, who retains the subject of the pledge, has the right to use, unless otherwise provided by the agreement and does not follow from the essence of the pledge, the subject of the pledge in accordance with its purpose, including extracting fruits and income from it.

2. The pledgor does not have the right to alienate the pledged item without the consent of the pledgee, unless otherwise provided by law or agreement and does not follow from the essence of the pledge.

Article 348 of the Civil Code of the Russian Federation. Grounds for foreclosure on mortgaged property

1. Foreclosure on the pledged property to satisfy the demands of the pledgee may be made in the event of non-fulfillment or improper fulfillment by the debtor of the obligation secured by the pledge.

2. Foreclosing on the pledged property is not permitted if the debtor’s violation of the obligation secured by the pledge is insignificant and the amount of the pledgee’s claims as a result is clearly disproportionate to the value of the pledged property. Unless proven otherwise, it is assumed that the violation of the obligation secured by the pledge is insignificant and the amount of the pledgee's claims is clearly disproportionate to the value of the pledged property, provided that the following conditions are simultaneously met:

1) the amount of the unfulfilled obligation is less than five percent of the value of the pledged property;

2) the period of delay in fulfilling the obligation secured by the pledge is less than three months.

Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

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. To complete a transaction for the purchase of housing with a mortgage, a fee of 200 rubles will be charged; for other real estate properties you will have to pay 0.3% of the value of the asset, but not more than 3,000 rubles.

Additional costs may include consultations with private law firms. Specialists charge for services according to the price list.

Submission through the MFC allows you to increase the deadline by another 2-3 days, given that the documentation is sent through couriers.

List of required documents for registration of a mortgage

To issue a document you must provide the following documents:

• A passport that must contain registration at your current place of residence.
• Housing assessment document. It is advisable to ask the bank in advance which organizations they trust.
• Cadastral passport, as well as floor plan (copy).
• The act of acceptance and transfer of the apartment.
• Permission to put the house into operation (copy).
• If you have a second half, you will need a marriage certificate.

We must remember that the mortgage is issued in a single copy, so it would be safer to make a copy. If a loss suddenly occurs, it will be much easier to restore it.

The procedure for appraising an apartment for obtaining a mortgage

When registering a mortgage, the banking organization will require a document confirming the assessment of the property being purchased. It is carried out in the following order:

• On the bank's website you can find information about the appraisers it trusts.
• The borrower contacts an appraiser to assess the value of the home. Is concluded

*The contracts or financial instruments proposed for conclusion are high-risk and may lead to the loss of the deposited funds in full. Before entering into transactions, you should be aware of the risks involved.

Registration of a mortgage at the MFC Link to the main publication