Mortgage agreement: concept, features
A mortgage agreement is understood as an agreement that mediates the relationship between the lender and the borrower regarding the purchase of housing using the borrowed funds of the former, the further procedure for repaying the debt and the period of pledge of such property.
Features of the mortgage agreement:
- Must be in writing;
- Relationships are long-term (usually at least 10–15 years);
- It is necessary to obtain property insurance;
- The purchased property remains pledged to the bank;
- The borrower must meet strict requirements (work experience, age, income);
- In case of failure to fulfill obligations, the bank retains the right to sell the housing;
- The contract must necessarily have the following essential conditions:
- Information about the lender and borrower;
- Amount of borrowed funds;
- Loan period;
- Information about the item (apartment, house);
- Annual interest rate;
- The amount of payments and the frequency of their payment;
- Indication of the pledge of property;
- Conditions on compulsory insurance and its type (property, life and health, title).
Sample Sberbank mortgage agreement sample
Purchasing housing under constructionYou can get an apartment with a mortgage in a building under construction or in a new building from the developer. The minimum down payment is 15%.
Special conditions are available when applying for a mortgage under a preferential program.
For example, a young family under 30 years old can receive a subsidy from the state to pay off debt. Program
Bid | Allowances | |
Base rates | 10,5% | + 0.2% if the PV is within 15-20%; +1% upon termination of a life insurance contract; +0.3% - for borrowers without a Sberbank salary card; +0.1% - upon refusal of the “Electronic Registration Service” ;+ 1% when refusing insurance; +0.3% - for clients who have not confirmed their income when making a down payment of 50%. |
With subsidies up to 7 years | 8,5% | |
With subsidies from 7 years | 9% |
Construction of a residential building
You can get a mortgage for building a house at a rate of 11.6%. In this case, the minimum down payment is 25%.
- +0.3% - if the borrower is not a payroll client;
- +1% - until the mortgage is registered;
- +1% - upon termination of a life and health insurance contract.
Buying country property
A mortgage loan designed for the purchase or construction of a summer house (garden house) and other buildings for consumer purposes. Issued with a down payment of 25% for a period of no more than 30 years. The interest rate is fixed, but may change due to surcharges:
- +0.3% if the borrower’s official salary is transferred to Sberbank;
- +1% until the mortgage is registered;
- +1% upon termination of the insurance contract.
Construction of a garage
A mortgage program aimed at building or purchasing a garage was launched in 2020.
- PV from 25%;
- mortgage term – up to 30 years;
- loan amount, when issued without collateral under a guarantee - up to 1.5 million rubles.
Mortgage with maternity capital
Maternity certificate is another program to help mortgage borrowers. The received capital can be used as a down payment or in the future to pay off accrued interest.
The minimum mortgage amount is 300 thousand. A loan is issued at 10.2%, with possible extra charges:
- +1% - in case of termination of the insurance contract;
- +0.3% — for persons without a Sberbank salary card;
- +0.1% — when registering without an electronic registration service;
- +0.3% - for clients who have not confirmed their income when making a down payment of 50%.
Question to an expert: is it possible to use maternity capital to get a mortgage? Alexey Trubnikov, head of the secured lending development department at Sberbank, answers.
Sberbank mortgage agreement: basic conditions
The standard Sberbank mortgage agreement contains the following clauses:
- Subject of the agreement (indication of all individually defined characteristics of the living space):
- Type of object (apartment, private house);
- Square;
- Number of storeys;
- Address;
- Cadastral number;
- State;
- Type of construction material (brick, panels, timber);
- Information about the rights to the apartment on the part of the previous owner (seller):
- Guarantees that the seller disposes of the object under the right of ownership;
- The object is exempt from the rights of third parties;
- The object is not pledged or seized;
- Procedure for transfer of real estate:
- After transferring funds to the seller’s bank account;
- After putting the house into operation;
- After re-registration of title documents and signing of the transfer acceptance certificate;
- Conditions for a mortgage on real estate (a mortgage on an object, as a rule, is issued for the entire loan term);
- The procedure for settlements between the borrower and the bank:
- In what form are borrowed funds provided (in cash or non-cash form);
- Type of payments (annuity or differentiated);
- The date by which settlement or automatic write-off must be made;
- Conditions for early repayment;
- Rights and obligations of counterparties;
- Liability for violation or failure to fulfill the terms of the agreement;
- Loan term;
- Additional terms:
- Procedure for making changes;
- Conditions for changing the contract unilaterally;
- Force majeure situations;
- Information about the borrower and lender;
- Signature, date.
Download the standard Sberbank mortgage agreement
Standard mortgage agreement at Sberbank
The loan agreement reflects the essential terms of the upcoming transaction. This document specifies the general rights and obligations of the parties, as well as the individual parameters of a specific transaction. The mortgage loan agreement is drawn up by qualified lawyers who are well aware of the specifics of the banking business.
- Contents of the loan agreement
- Rights and obligations of the parties
- Digital mortgage
Parameters of the collateral apartment;.
Documents required for obtaining a mortgage at Sberbank
- Application form;
- Borrower's passport;
- Seller's passport;
- Certificate of employment about income;
- A certified copy of the work record book of the borrower and guarantor;
- Certificate from Rosreestr confirming the absence of other real estate ownership (if a subsidized mortgage is issued);
- Preliminary purchase and sale agreement for the property;
- Receipt for receipt of advance payment;
- Personal account for transferring the mortgage amount;
- Information about the ownership of the object (from the seller);
- Extract from the Unified State Register of Encumbrances/Arrest;
- Cadastral passport;
- Technical plan of the facility;
- Certificate from the management company confirming that there is no debt on utility bills;
- Act on the assessment of the object;
- Consent of the spouse to enter into mortgage obligations (certified by a notary);
- Documents confirming the solvency of the guarantor;
- Receipt for the transfer of the remaining amount of the redemption price (including that transferred in advance);
- Certificate of ownership transferred to the borrower;
- Insurance contract for the object, the borrower.
What to pay special attention to
Higher legal education (Russian law). Graduated from Moscow State University named after M.V. Lomonosov. Experience in the legal field – more than 5 years.
Despite the fact that Sberbank has standard criteria for selecting applicants, not everyone can get a loan.
A mortgage loan agreement with Sberbank is a very important document when applying for a loan to purchase real estate. Its conclusion and signing must be preceded by a comprehensive study of each clause and section, checking the key conditions and features of a particular transaction. This will avoid many misunderstandings and unpleasant moments in the future.
On the date the Buyer-Mortgageor acquires the right of ownership of the Residential Building (the subject of the mortgage), pay in full all utility bills, taxes and other expenses that are due from the owner of the residential building.
The pledgor has the right:
- Contact the creditor with an application for debt restructuring;
- Claim the mortgage after the mortgage loan has been repaid in full.
When applying for a mortgage at Sberbank, each borrower must study all the accompanying documents in detail and in as much detail as possible before signing them. It is the loan agreement and the mortgage agreement that are the key documents when purchasing real estate using borrowed funds.
Acquiring agreement in Sberbank - what is it?
The agreement allows you to install special devices in your retail outlets for paying for goods and services with bank cards.
The main feature of this document is its publicity, which consists in distributing the same type of rights to all clients. Any amendments are entered into the online agreement, so they are often not written down in the paper version of the document.
Each client who has entered into an acquiring agreement has the opportunity to view the changes made. Sberbank has been offering loyal conditions for acquiring service users for many years, so the company has developed a system of advantages:
- personal processing center;
- experienced and qualified employees of Sberbank;
- affordable price of service;
- increased confidentiality regarding the client’s personal data.
Tariffs under the acquiring agreement are calculated individually for each client (an example is given below in the article). The final price depends on various factors, the main one of which is the number of machines with which payments will be made by bank cards. Another parameter that affects the cost of the service is turnover, which is calculated on average per one business day of a retail outlet.
According to the terms of the acquiring agreement, a commission will be charged for each payment by card. It is noteworthy that the percentage for using the service will be charged not from the seller, but from the buyer at the time of payment with the card.
The calculation algorithm will look like this:
- the consumer pays for his purchase with a bank card;
- a commission is calculated from the total purchase amount, which is ultimately automatically redirected to Sberbank;
- the remaining amount of money goes to the seller’s balance.
Acquiring conveniences in Sberbank (video)
Concluding an acquiring agreement with Sberbank significantly speeds up customer service time. Since the seller does not need to leave banknotes at the cash register, it is possible to reduce collection costs.
Important points
It is also worth noting that Sberbank can unilaterally change the terms of the agreement, but in order for them to come into force, it must notify the client no later than 10 days before the moment when they should take effect.
To notify, the bank can use different communication channels: its website, the client’s email, letter, etc. If the client is not satisfied with the new terms of service, he can write a statement demanding to terminate the agreement.
The duration of the contract is not specified, that is, it is valid until one of the parties decides to terminate it. The agreement can be terminated early only if the client does not have valid products provided by this agreement and has no debt to the bank.
Description of the Sberbank deposit agreement
The deposit agreement and its sample can be studied in advance, before going to the bank. This will help you calmly understand its provisions and delve into the details. Those items that raise questions for you can be discussed more thoroughly with a bank employee when visiting a branch. What you should pay attention to when studying a sample of a standard Sberbank agreement.
Basic provisions
The Sberbank deposit agreement contains clauses that describe all the conditions of the deposit, namely:
- Timing;
- Possibility of extension;
- Rights and obligations of the parties;
- Force majeure;
- The procedure for placing funds;
- Conditions for termination at the end of the term and early;
- Interest rates: size, method of payment, frequency of accrual;
- Rates in effect upon early termination and their recalculation, if any.
The conditions for managing funds on a deposit account are also specified in the agreement. This reflects the possibility of partial withdrawal, replenishment, restrictions on these operations, and the impossibility of performing them for a specific deposit.
The agreement has an annex that the depositor fills out when withdrawing part of the savings before the expiration of the deposit
In addition to these points, the bank details and depositor data, and the responsibilities of the parties are indicated. The terms and conditions for placing a deposit can be found here Deposit Terms.
It is important to know that when making online deposits, the paper form of the agreement is not used. An additional visit to the bank to sign it is not required.
Sample document
A potential depositor has the opportunity to familiarize himself in advance with a standard version of a deposit agreement. This can be done in your Personal Account, where the online form is similar to that signed at the bank. Or see a sample Sberbank deposit agreement here Deposit Agreement.
If any points are unclear, you can consult a lawyer or bank employee. When registering a deposit, a potential investor will need to provide personal information and present an identification document (passport of a citizen of the Russian Federation).
How to change a mortgage agreement at Sberbank
A standard Sberbank mortgage agreement is an agreement between the parties to a credit transaction on how their future relationship will be structured. The contents of this document are based on the following regulations:
- Civil Code of the Russian Federation;
- Housing Code of the Russian Federation;
- Law on Mortgage (Federal Law No. 102);
- Law on registration of transactions with real estate (Federal Law No. 218).
Sber employees are involved in preparing an agreement for a specific transaction. But as a rule, this process consists of entering the borrower’s data into a ready-made form developed several years ago. That is why the client should study the sample mortgage agreement in more detail in advance, before signing it. If he is not satisfied with any of the points, this information should be conveyed to his credit manager, or better yet, to the legal department of Sberbank.
Important! Most often, lawyers and mortgage managers ignore client amendments to contracts. Therefore, if making changes is fundamentally important for the borrower, he should do this as early as possible, submit his proposals in writing and endorse their acceptance by specialists in writing.
Since the form of the mortgage agreement is strictly regulated by the legislative acts listed above, the borrower should understand which clauses of this document are mandatory and cannot be excluded.
- Details of the parties - the title borrower, as well as (if any) co-borrowers and guarantors on the one hand, and the creditor bank on the other. For individuals, please indicate your full name, address, tax identification number and contact information. For a bank - name, current details, number of the branch where the loan transaction takes place, as well as the full name of the specialist who conducts it.
- The subject of the agreement is a detailed description of the property purchased using loan funds. All characteristics of the apartment are indicated here (address, area, rooms, inventory value, etc.), as well as the purchase price and the share of the client’s own funds.
- Terms of the loan.
- Procedure for using credit funds. The procedure for repaying the loan, the rules for calculating the monthly payment, the timing of its payment, etc. are also indicated here.
- Guarantees - it must be indicated that the purchased property is pledged to Sberbank as security for the return of borrowed funds.
- Description of the procedure for transferring ownership rights (may vary depending on the nuances of the transaction).
- Possibility of alienation of an apartment in the event of failure by the borrower to fulfill its obligations. The procedure for alienation and possible reasons for this are prescribed.
- Progress of settlements between the parties. It indicates how and in what order the home seller will receive his money (the ratio of the advance and the main payment, the amount, the procedure for transferring funds - in cash or by bank transfer, etc.).