A step-by-step action plan for removing the encumbrance from an apartment after paying off the mortgage. What documents are needed to remove the encumbrance from an apartment?

When can you remove the mortgage from your apartment?

Encumbrances on mortgaged real estate can only be removed by the territorial department of state registration, cadastre and cartography. When the mortgage loan is fully repaid, the apartment owner can contact the MFC and send an application to Rosreestr to remove the encumbrance from the purchased property. The registration state agency must make a corresponding entry on this issue.

When removal of encumbrance is allowed:

All encumbrance restrictions on real estate are automatically lifted if the creditor provides Rosreestr with documents confirming the seizure of collateral real estate from the debtor.
The borrower and the lender provide the Companies House with a written mutual agreement to lift the restrictions.
If housing was purchased under the military mortgage lending program, then an application for withdrawal is submitted by the relevant government agency.
The banking organization sends documentation to Rosreestr confirming that the borrower has fulfilled its debt obligations in full.
The registration authority has been provided with written consent from the borrower and the lender, confirming that all terms of the loan agreement have been fulfilled.

All these situations make it possible to remove the lien from the purchased property. Removing restrictions will allow the owner to freely dispose of real estate, including donating, selling, exchanging, etc.

For Sberbank's mortgage clients, the system for removing encumbrances has been greatly simplified. When the borrower makes the last payment to the account, Sberbank independently launches the procedure for removing restrictions from the real estate.

Sequence of removal of mortgage encumbrance

You can obtain a record that the mortgage loan has been fully repaid and the property is not encumbered by other owners under the following circumstances:

The bank must send a letter to Rosreestr confirming full repayment of the mortgage loan
An application has been received for the removal of the encumbrance on the apartment by both parties. The application is checked, signed and certified by a bank employee
In the case of a military mortgage, Rosvoenipoteka must send a corresponding application.
If an application is submitted to the registration chamber from the institution that issued the loan and mortgage with a note indicating that the borrower has fulfilled all loan obligations in full
The encumbrance can be lifted automatically upon registration of the property if a person has filed a foreclosure based on the pledge.

What documents may be needed

To cancel the encumbrance, you will have to collect an impressive set of papers. Immediately after making the last payment on the mortgage loan, the client must contact the lender's organization to obtain a certificate confirming full repayment of the debt. Typically, at this stage, the bank employee additionally consults the person on the procedure for lifting restrictions.

When contacting the MFC, you need to make a request, where the citizen indicates his full name, passport and address information, necessary details and information on the property for which restrictions must be lifted. The advantage of contacting the MFC is the fact that local employees help to draw up an application. A package of papers is attached to the application.

To cancel encumbrances you will need:

a certificate confirming the absence of debt (production takes up to 30 days);
a bank letter indicating the repayment of all debt obligations under the mortgage loan is sent to the address of Rosreestr;
statement of credit account;
a joint application of the borrower and the lender to lift restrictions on the mortgage, certified by a banking specialist;
mortgage contract;
passports for all owners who are required to be present when submitting the application in full;
a certificate certifying ownership of the apartment;
a receipt confirming payment of the state fee for an extract from the Unified State Register of Real Estate on the removal of mortgage restrictions;
a court decision if the mortgage is terminated by court.

Not all papers listed above may be needed. A complete list of documentation should be found at the MFC. Sometimes additional certificates or extracts are required. If it is not the applicant who will submit the documents, then a notarized power of attorney will be required.

Grounds for canceling the mortgage on an apartment

The time when you can remove the encumbrance comes with making the last payment on the loan. Other situations for canceling an entry in the Unified State Register of Pledge:

the lender's application to Rosreestr with documents indicating the seizure of the mortgaged property;
a joint application of the lender and the citizen to the registration authority for termination of the loan agreement;
sending the bank to Rosreestr of paper on the client’s fulfillment of its obligations.

The borrower should not delay submitting an application to remove the restriction on rights to the apartment. If you do this later, there is a risk of complicating the collection of documents: the credit institution may cease to operate.

Withdrawal period

The encumbrance is removed within 3 days, as provided by law. However, the multifunctional center acts as an intermediary between applicants and government agencies, and therefore the time frame for providing services increases. The MFC needs time to send the documentation to Rosreestr.

On average, it takes about 5 days to send, process papers and remove the encumbrance through the MFC. If the owner orders a new title document, the period will increase to 10-14 days.

Mortgage encumbrance

Mortgage encumbrance is one of the most common types of restrictions. It occurs when purchasing an apartment using bank funds.

If there is this encumbrance, the debtor cannot perform any actions without the approval of the credit institution; sometimes difficulties arise when registering strangers in the apartment who have not been agreed upon with the financial institution; it is impossible to rent out the apartment if this clause is indicated in the mortgage agreement.

The mortgage encumbrance ends when the debt is repaid. Accordingly, the mortgage loan is terminated and the bank is no longer the mortgagee. But property encumbered with a mortgage is reflected in Rosreestr - EGRN (Unified State Register of Real Estate), blocking transactions with it.

The restrictions described above are not automatically lifted, and it is worth knowing this in order to avoid unforeseen difficulties. To do this, it is necessary to remove the encumbrance.

State duty amount

Removing the encumbrance for Russians is a free service; you will only have to pay for an extract from the Unified State Register, which will cost the applicant 400 rubles. If you order an electronic version of the document, the cost will drop to 250 rubles. A repeated certificate of state registration of property rights is not issued.

Each property owner will have to pay such a state fee.

There is no need to draw up a new document, since both in fact and in law, real estate, after the restrictions are lifted, acquires a status free from the rights of third parties. But in the old certificate of state registration of rights there will be an entry about the encumbrance.

If the owner wants to update the document itself so that it does not contain records of mortgage liens, then he needs to order a new certificate. For its production you will have to pay an additional state duty of 2 thousand rubles. About 10-14 days are allotted for the production of such documentation.

How to find out readiness

If the documentation was sent to Rosreestr through a multifunctional center, then you can check the status of the application using the receipt number received at the MFC when accepting the application. To check, you need to go to the center’s website, find the appropriate tab and enter the registration number in the field that opens. The system will display the readiness status result.

If the regional MFC does not have such an opportunity, then you can find out the status of the request by calling the hotline number. The operator needs to dictate the number indicated on the receipt, and he will provide the necessary information.

The most common reasons for refusal

In some situations, an applicant may be denied the removal of restrictions on a mortgaged property. Such situations include:

Providing an incomplete package of documentation. If the apartment has several owners, then everyone will have to write an application, as well as collect a package of papers.
If loan obligations are not fully repaid and the banking organization refuses to issue a mortgage. If funds are deposited into the loan account on time, the borrower should check the latest payments. A technical error cannot be ruled out due to which the payment is delayed.
If the application is submitted from a third party, and not from the owner of the apartment. If the owner cannot submit an application on his own, then he will have to issue a power of attorney for a loved one. Based on the document, the authorized person can submit an application without the owner.

If the bank that issued the mortgage loan is liquidated, then difficulties may also arise with the removal of the encumbrance. In such a situation, you need to find out which credit institution transferred the borrower’s debt, and apply for a mortgage and a certificate of repayment there.

Removing a mortgage encumbrance through the MFC is convenient because it saves a lot of time and simplifies writing an application. Registration takes a little longer, but not much, only 2-3 days difference. If deadlines are not important, then registration through the MFC is the best and most convenient option for removing mortgage restrictions from a purchased apartment.

How to remove mortgage encumbrances at the MFC: step-by-step instructions

When there are several months left before the full fulfillment of financial obligations to the lender, many Russians begin to be interested in the question of removing the mortgage encumbrance at the MFC. In fact, it is enough to follow a certain algorithm of actions:

Visit to the bank and submit an application for a mortgage with a note about the payment of the loan. An alternative option is a joint visit to the lender and mortgagor at the My Documents branch or Rosreestr;
Find the nearest MFC and make an appointment with a specialist, choosing a convenient date and time. If the pre-registration service is not available, visit the center and take an electronic queue coupon;
Wait until your number appears on the display and go to a specialist. Give him the mortgage note, allowing him to verify the presence of the necessary notes, and fill out the application form;
If there are no errors, receive a receipt containing a unique request number and the estimated date of service readiness;
Wait for the date specified in the receipt and make a second visit to the MFC to receive a new extract from Rosreestr.

After completing the procedure, the applicant becomes the full owner of the property and can dispose of it at his own discretion. In this case, we are talking about the possibility of making any transactions, including sale, exchange, rental and other actions.

What documents are needed

In order for the answer to the question of how to remove mortgage encumbrances at the MFC to be as complete as possible, it is necessary to separately dwell on the list of documents that the applicant will need. These include:

Statement of the established form;
Passport;
A mortgage in which marks will be placed on the fulfillment of financial obligations;
If a third party contacts the center, a power of attorney registered with a notary is attached to the package of documents.

Terms of provision of services at the MFC

Depending on the individual circumstances of the case, the period for getting rid of restrictions can be 3-5 days. When it comes to a standard or military mortgage, most often the paperwork takes 72 hours. Citizens who purchased housing under a shared participation agreement in construction will have to wait about 5 days. In some cases, the time frame may increase by a day or two, due to the sending of documentation.

If a credit institution offers you not to worry about removing the encumbrance, since the bank is ready to independently resolve all issues related to filing the relevant application, it is better to refuse. On the one hand, the borrower’s initiative will allow you not to think about a visit to the MFC and other organizations, but on the other hand, it can last a long time.

Amount of state duty in 2020

Citizens interested in the financial side of the issue will be pleased to know that removing a mortgage encumbrance at the MFC does not require payment of a state fee, so there is no need to worry about additional expenses.