Deadlines for removing mortgage encumbrances in Rosreestr

Basic concepts about encumbrance

According to the Civil Code (Article 209), the owner of the property has the right:

• possessions. The owner has title documents for the living space, which prove that it belongs to him;
• use. Can use residential premises at his own discretion - live, rent out or derive other benefit;
• orders. Transfer ownership to another person - sell, donate, pledge, bequeath. And also carry out reconstruction, change the appearance, carry out redevelopment without prior approval.

An encumbrance is understood as a restriction of the rights to dispose of real estate. That is, you can own and use housing, but you cannot dispose of it at your own discretion.

The types of encumbrance are as follows.

• Mortgage. Housing purchased on credit is encumbered (secured) by the bank until all money is paid for it. It will be possible to dispose of the apartment only with the consent of the bank.
• Arrest. Imposed by the court in the case when the property becomes a disputed object or is a collateral property, and the owner cannot fulfill debt obligations. The housing will be under arrest until the legal proceedings are completed and the court makes a decision on the claimant's claim.
• Rent. The owner of the property enters into an agreement with a third party for lifelong maintenance with a dependent, and in return transfers the ownership of the property to the rent payer. As long as the agreement is in force, the owner has no right to dispose of his home - all restrictions will be lifted only after his death.
• Trust management. The property owner hires a property manager to use and maintain the property. For example, this is relevant if he goes abroad or to another city for a long time. At the same time, the manager does not have the right to dispose of the living space at his own discretion; he must act only in agreement with the owner.
• Rent. The landlord, that is, the owner of the property, does not have the right to evict the tenant before the end of the contract. An encumbrance is imposed only if a long-term lease agreement has been officially concluded and registered with Rosreestr.
• Guardianship. If minor children are full owners of housing (have a share), then it will be possible to sell the house or apartment only with the consent of the guardianship authorities.

The encumbrance can be imposed either by the homeowner himself, for example, to reduce the risks of fraudulent schemes in real estate transactions, or by various government or commercial structures.

State duty and methods of payment

The service of changing an entry in Rosreestr is paid:

• If you apply in person, pay 700 rubles.
• When applying electronically, the state fee is 300 rubles.

Replacing a certificate for an apartment with an encumbrance is also not free and will cost 2,000 rubles. If there is more than one owner, then each owner must receive a copy and pay state tax.

It is necessary to pay There are several options for paying state taxes, the most popular is through a bank branch. To do this, you need to obtain a receipt from Rosreestr and make the necessary payment.

Another way is to use a special payment terminal. To do this, you need to go to the section for paying taxes and transfers to the budget and select the appropriate item there. Next, all that remains is to indicate the required amount and insert the bills into the bill acceptor.

By the way, it happens that by mistake a citizen pays more than necessary, in which case the difference will be returned. To do this, you need to write an application, after its consideration the money will be sent to the specified details.

When can you remove the mortgage encumbrance?

Removal of the mortgage encumbrance on an apartment is possible immediately after the loan is repaid. Moreover, repayment can be either on schedule or ahead of schedule.

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It is possible to remove all restrictions from the apartment only if the bank has no financial claims against the borrower.

Step-by-step instructions after paying off your mortgage

How to remove the encumbrance from an apartment and what else needs to be done after the mortgage is repaid? Let’s analyze the borrower’s actions in as much detail as possible.

Obtaining a certificate of no debt

So, you have paid the last payment and fully settled with the bank. Hooray! Now the apartment is completely yours! But don’t rush to rejoice ahead of time, you need to run around the authorities a little more in order to completely remove all obligations from yourself and the encumbrance from your housing.

Before making your final payment, call the bank and find out the exact amount remaining to be paid. It will be a shame if a few rubles are not enough until the full payment is made. By the way, if you decide to pay off your mortgage early, do not forget to write a statement in advance, which will indicate the date of payment and the method - cash or by transfer.

And now the money for the mortgage has been paid. Immediately visit the bank, tell the good news to the manager and ask him for a certificate of no debt. You must have in your hands a document that you have fulfilled all your obligations to the bank - you have paid the principal amount of the loan, accrued interest, as well as fines, commissions and penalties, if they were imposed on you.

If you don’t take care of a certificate of absence in advance, then later some ruble you didn’t take into account will turn into a huge amount, and you will have to pay the debt.

Closing a mortgage account

In a number of banks, the procedure occurs automatically, but it is better to double-check everything ten times than to later receive an unpleasant surprise and considerable commission charges for servicing a zero account.

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Check with the manager whether you need to specifically close the account or whether this will happen automatically. If necessary, immediately write a corresponding application and request the following documents from the bank:

• certificate that the mortgage account is closed;
• statement confirming zero balance on the mortgage loan.

The help will display the following information:

• debt repayment date;
• borrower's passport details;
• no claims from the bank;
• date of issue of the certificate and signature of the official.

To receive an extract, you will most likely have to write a statement in which you will need to indicate that you want to receive information about the total amount that you have paid for the entire duration of the mortgage.

The period for receiving documents is up to ten days, but in practice it usually does not exceed three.

Return of the mortgage

A mortgage is a registered security that confirms the bank's right to own an apartment until the mortgage is paid in full by the borrower. It is drawn up immediately during the conclusion of the mortgage agreement and is a financial guarantee for the credit institution.

The bank has the right to seize an apartment from an unscrupulous borrower if he is unable to fulfill his financial obligations to pay the mortgage.

The mortgage is kept in the bank, and it can be returned only after the loan has been fully repaid. After the bank makes sure that the borrower is clean before it and does not bear any obligations on this mortgage loan, the mortgage paper is issued to the lucky recipient, after which it is necessary to contact Rosreestr or the MFC to remove the encumbrance.

To return the mortgage, you must write an application. The return period is 14 days, since all collateral documents are stored in the central branch of the bank. If it is located in another city, the waiting time can be increased to thirty days.

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Before handing over a security, a transfer and acceptance certificate is signed, and two marks are made on the mortgage itself:

• that the borrower has fulfilled all obligations;
• about the absence of claims from the bank.

Removal of encumbrance

To become the full owner of the apartment, it is necessary to remove all restrictions imposed by the bank from it. You already have some of the documents in your hands; all that remains is to write an application to remove the encumbrance from the property. The MFC or the Registration Chamber will help you with this, depending on where you decide to go for further paperwork.

If housing was purchased as shared ownership, then each shareholder must write an application.

List of required documents:

• ID card (passport);
• a statement indicating the requirement to remove the encumbrance from the apartment;
• mortgage;
• mortgage and sale agreements;
• a certificate issued by the bank confirming the repayment of the mortgage;
• statement from the mortgage account showing a zero balance.

A package of documents can be submitted to the MFC (recommended), the Registration Chamber, or use the State Services portal, but in the latter case, all documents must be notarized.

The deadline for removing the mortgage encumbrance in Rosreestr, according to Art. 25 Federal Law No. 264, should not exceed three working days, but if the documents were submitted to the MFC, the process may take another one or two days. If the property is registered as shared ownership, that is, it has several owners, for example, a husband and wife, then the waiting time can be five to seven days.

The procedure is absolutely free and does not require payment of state duty.

In some banks, for example, in Sberbank, the procedure for removing the encumbrance occurs automatically. After repaying the mortgage, the borrower does not need to write additional applications or take the package of documents anywhere. But in this case, the period for receiving an extract may take up to several weeks.

After the encumbrance is removed, the former borrower must have an extract from the Unified State Register of Real Estate, in which information about the mortgage of the apartment will not appear in the “Restrictions” column.

Obtaining new title documents for property

After all restrictions on the disposal of housing are lifted, new documents must be drawn up confirming sole ownership of the apartment. This can be done at the MFC or the Registration Chamber.

Registration of title documents takes from ten to fourteen days, that is, no later than two weeks after submitting the application, you will become the full owner of the previously taken out mortgage.

It will be necessary to pay a state fee of two thousand rubles for individuals and 22 thousand for legal entities.

Return of insurance

If the borrower pays off the mortgage early, he or she may receive the unused balance from the insurance company. To do this, he needs to contact directly the insurance company where the policy was concluded and write a corresponding application. As a rule, insurers do not refuse to pay the balance.

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If during the entire mortgage payment period the insured event does not occur (and thank God!), then you will not be able to get the money back for the insurance. Don’t forget that all this time you were insured and the insurance company was a guarantee that in case of possible troubles you would be protected, and your mortgage would be partially or even completely repaid.

Registration of shares

If public funds were involved in the mortgage, for example, maternity capital, then the borrower was required to write an obligation (notarized) that all members of his family would receive equal shares. Family members include spouse and children.

When completing the title documents, each of them will receive their own certificate of shared ownership.

Refusal to remove the encumbrance and nuances

Possible reasons for refusal are as follows.

• An incomplete package of documents was submitted. You need to be especially careful if the apartment has several shareholders. In this case, an application from all adult members, their passports and copies, as well as the children’s birth certificates are required. Also, before contacting the MFC, you need to obtain all the necessary papers from the bank.
• The application was not submitted by the owner. If the former borrower cannot handle the paperwork himself, then he should make a notarized power of attorney for another person who will represent his interests.

If the credit institution that issued the mortgage went bankrupt and was liquidated, it is recommended to contact Rosreestr with a corresponding application, adding to it an extract from the Unified State Register of Legal Entities on the liquidation of the bank or suspension of its activities. Once the new owner of the collateral documents and mortgages has been identified, the standard procedure for removing restrictions from the mortgaged apartment can begin.

You should not think that if a credit institution has been deprived of its license, then all obligations to it are canceled. All collateral agreements are transferred to another bank. If the mortgage is overdue, the debts may be collected through court or you will have to say goodbye to the apartment.

At the MFC

The package of necessary documents has already been described earlier, so let’s move straight to the algorithm of actions:

1. After repaying the debt, you must go to the bank and submit a request for an invoice; this will take a maximum of 3 days.
2. Next, you need to come to the MFC and, if possible, make an appointment.
3. An employee of the center will check all the prepared documents and the application, if something is wrong, will help you fill it out correctly.
4. If everything is fine, you will be given a receipt confirming the acceptance of documents.
5. At the end of the procedure, you will need to come to the MFC branch and obtain and receive an extract confirming that you are the owner of the apartment without any encumbrances.