How to register a mortgage at the MFC when applying for a mortgage

The main purpose of the appeals is the need to register property rights or perform other legal actions.

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Therefore, you should understand in more detail the procedure for state registration of a mortgage under a loan agreement.

General information ↑

The legislator imposed the obligation to register rights and restrictions in relation to real estate on property owners (Article 5 of the Law).

For carrying out legally significant actions, a state duty is charged in accordance with the Tax Code of the Russian Federation (Article 11 of the Law). According to general tax rules, payment of a fee precedes the filing of an application with government authorities.

The amount of tax is determined based on exactly what action needs to be performed (Article 333.33 of the Tax Code of the Russian Federation). Registration of real estate occurs in the manner prescribed by law.

As a result, it is allowed to conclude a mortgage agreement between legal entities, as well as between citizens and an organization.

When concluding a mortgage agreement, the parties must adhere to the legal form of the agreement (Article 9 of the Law). Real estate accounting is carried out by Rosreestr.

The registration authority provides the following services:

1. Performs registration of property rights.
2. Provides cadastral registration.
3. Provides information from the Unified State Register.
4. Receives people on personal matters.
5. Keeps records of land management results.
6. Provides access to information from the real estate cadastre.

The following are subject to state registration:

• apartment mortgage agreement;
• agreement on assignment of claims;
• lease agreements;
• purchase and sale agreements;
• annuity agreement.

The obligation to register mortgage agreements arises on the basis of Article 20 of the Federal Law “On Mortgage”. By virtue of the law, you can submit documents to the registration chamber as follows:

• interested parties apply in person.
• documents are sent by post.
• applying for legal actions occurs via the Internet.

State registration of a mortgage is carried out upon a joint application of the parties (Article 29 of the Law).

A certain package of documents must be attached to the application, otherwise the registrar may suspend the registration of the mortgage agreement (see the subheading “Registration of the transaction”).

The registration period depends on what type of real estate is being registered:

Making a deal

The mortgage agreement is similar to the loan agreement. Situations often arise when an interested person wants to buy an apartment, but does not have a sufficient amount of money.

In this regard, you have to contact the bank for a loan. However, in order to obtain the required loan amount, the lender sets a condition according to which the acquired property will be pledged.

Thus, a mortgage agreement arises, which is actually collateral for the loan agreement. There may also be a situation where the borrower receives a loan secured by existing real estate.

The difference between these two events is that in the first case, the borrower will need to first register ownership of the property, and only then register the mortgage.

As a rule, a draft written agreement has already been developed, so all that remains is to enter the borrower’s information and sign the agreement.

For state registration of encumbrances on real estate, the parties to the transaction must submit the following documents:

• statement;
• contract of sale;
• title documents for the apartment;
• act of acceptance and transfer;
• loan agreement;
• mortgage agreement;
• mortgage;
• property valuation report;
• receipt of payment of the fee;
• certificate of state registration of the lender;
• constituent documents;
• certificate of assignment of TIN;
• letter from statistical authorities;
• extract from the Unified State Register of Legal Entities;
• protocol on the appointment of the head of the department;
• power of attorney to represent the interests of the bank (if necessary);
• passport of the mortgagor.

Payers

Payers of the state duty are persons who apply to public authorities to perform legally significant actions (Article 333.17 of the Tax Code of the Russian Federation).

These include:

• organizations;
• individuals.

These persons acquire the status of a state duty payer if they are guided by the provisions of Chapter 25.3 of the Tax Code of the Russian Federation.

According to the general rules of tax legislation, the burden of paying state duty falls on the applicant (letter of the Ministry of Finance dated 08.08.2007 No. 03-05-06-03/55).

However, in the case of registration of a mortgage agreement, the fee is paid proportionally by both parties to the transaction (Article 333.18 of the Tax Code of the Russian Federation).

Moreover, if an agreement is concluded between an individual and a legal entity, then the tax is paid at the rates established for citizens (letter of the Ministry of Finance dated January 16, 2014 N 03-05-06-03/1011).

For more information about tax rates, see the subheading “Amount of state duty...”. Payment of the state fee for registration of a mortgage agreement is made at the place where the legal actions were performed.

Pay for what

Payment of state fees is carried out for performing actions of a registration or procedural nature.

Also, a fee is withheld from taxpayers for providing the necessary statements from the state register or for making changes to the Unified State Register for each property (see the subheading “General Information”).

Mortgage refinancing

The increase in interest rates on most banking programs has caused borrowers to redouble their efforts to look for ways to pay as little as possible for a loan. The refinancing procedure is becoming increasingly popular.

But there is a risk here too - not all refinancing programs are profitable, as it might seem at first glance. Dear readers!

Our articles talk about typical ways to solve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below.

It's fast and free! To more accurately determine the risks associated with applying for refinancing, you should not only carefully review the terms of the programs, but also correctly assess your own financial situation. Refinancing an existing loan means taking out a new loan with more favorable conditions to repay it.

Amount of state duty for registration of a mortgage agreement ↑

The tax rate depends on the specific legally significant action (Article 333.16 of the Tax Code of the Russian Federation).

At the same time, enterprises pay state duty in a larger amount than individuals (Article 333.33 of the Tax Code of the Russian Federation). In accordance with the requirements of the Tax Code of the Russian Federation, taxpayers are required to pay.

Registration of rights to real estate:

Registration of land ownership:

Mortgage registration:

In this case, the state duty is not paid if the mortgage arose on the basis of the law, as well as when the registration record is canceled (Article 333.35 of the Tax Code of the Russian Federation).

For the cost of the state fee for registration at the place of residence, see the article: state fee for registration. How to pay the state fee through Sberbank online, read here.

If there is a need to make appropriate changes to the state register, the following tax rates apply.

Making changes to the Unified State Register entry:

Making changes to the mortgage record – 350 rubles.

Making changes to the Unified State Register entry by virtue of the agreement:

Registration:

Re-issuance of certificates confirming registration of rights:

To obtain statements from the Unified State Register, interested parties must follow the order of the Ministry of Economic Development dated December 16, 2010 No. 650. The relevant ministry has established the following tax rates.

Extract of rights to the property:

Information on the contents of the title document:

Extract on declaring the copyright holder incompetent:

State duty rates are given for paper documents. Information from the state register of rights is provided taking into account the requirements of Order of the Ministry of Economic Development dated May 14, 2010 N 180.

For registration of the contract

The mortgage agreement may provide that the termination or termination of contractual relations occurs by concluding a counter agreement.

On this basis, there is a need for further registration of such changes. If the parties terminate the contractual relationship, then the amount of the state duty for registering changes in the mortgage is established by Article 333.33 of the Tax Code of the Russian Federation.

When the mortgage registration record is redeemed, the parties are exempt from paying tax (Article 333.35 of the Tax Code of the Russian Federation).

Additional agreement

If necessary, the parties to the mortgage agreement can make changes to it. Usually in this case an additional agreement.

According to the law, changes come into force from the moment of state registration, in the manner established for the primary registration of real estate (see the subheading “General Information”).

In this case, the tax is paid in the amount provided for making changes to the Unified State Register entry (see the subheading “Amount of state duty ...”).

For registration of changes to the contract

As mentioned above, in order to register changes, the parties to the transaction need to draw up an additional agreement.

For changes to enter into legal force, interested parties must carry out their state registration. The amount of the fee is established by law (Article 333.33 of the Tax Code of the Russian Federation).

Registration of a mortgage at the MFC and procedure

According to the state program of providing the country's population with housing, it is very difficult, almost impossible to wait for your turn. Therefore, many citizens prefer to shoulder the debt bondage of a mortgage and become the owner of their own apartment.

Regardless of how housing was acquired, it is subject to state registration in a unified register. In addition, many banks require a mortgage.

In this regard, it is important to understand whether a mortgage is needed when registering ownership of mortgaged housing, where it can be quickly and cheaply issued.

Specifics of duty payment ↑

Next, we should consider the issue of paying a mandatory fee by the following subjects of civil legal relations:

• individuals;
• organizations;
• individual entrepreneurs.

For individuals

The peculiarities of registering a mortgage agreement arise from the collateral property. The issue of state registration of land plots, residential and non-residential premises has already been discussed previously (see the subheading “General Information”).

The list of required documents can be found in the subheading “Transaction Formalization”. Tax rates also depend on the specific action performed (see the subheading “Amount of state duty ...”).

It is worth adding that citizens can use the State Services portal when making payments. In addition, you can pay the fee on the Rosreestr website.

When using state information portals, taxpayers can apply a reducing tax coefficient of 0.7 (Article 333.35 of the Tax Code of the Russian Federation).

To take advantage of tax preferences, you must log in to the State Services portal.

Legal entities

Like citizens, legal entities are required to pay a mandatory fee when contacting government authorities, for example, regarding the registration of a mortgage agreement.

At the same time, the procedure for concluding contracts and the procedure for state registration of mortgages have already been discussed (see the subheading “General Information”).

The issue of tax rates for registering a mortgage agreement was also discussed (see the subheading “Amount of state duty...”).

As for the method of paying the fee, enterprises make payments by bank transfer. When filling out payment orders, organizations should adhere to Order of the Ministry of Finance dated November 12, 2013 N 107n.

This order contains rules for filling out financial documents. As for the costs incurred, they can be included in other expenses (Article 264 of the Tax Code of the Russian Federation).

For individual entrepreneurs (IP)

The general procedure for registering mortgage agreements, including the list of required documents, is established by law (see the subheading “Registration of the transaction”).

Individuals acquire the status of individual entrepreneur after they undergo state registration and receive the appropriate certificate.

Therefore, when registering an individual entrepreneur’s mortgage agreement, you must additionally submit a registration document and an extract from the Unified State Register of Individual Entrepreneurs.

For tax rates, see the subheading “Amount of state duty...”. Individual entrepreneurs are guided by the provisions for individuals.

Electronic transaction registration

Currently, this is one of the simplest registration options for the buyer, since it has become possible to conduct the transaction electronically by the bank itself.

Sberbank even provides a small discount on interest. It should be borne in mind that the buyer will not receive the usual documents with Rosreestr seals. You will simply receive the document in electronic form by email.

If you want to receive documents about your purchase in printed form, you can simply go and order an extract from Rosreestr itself or the MFC.

As practice shows, currently most transactions under DDU take place electronically through a bank. When registering mortgage transactions, most of the work, especially under equity participation agreements, is undertaken by banks.

Legislators, for their part, are trying to speed up and simplify the registration process as much as possible, as evidenced by the significant reduction in registration times. Thus, registering a mortgage when purchasing real estate is currently not particularly difficult for real estate market participants.

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According to the Federal Law “On Mortgage (Pledge of Real Estate)” dated July 16, 1998 No. 102-FZ, registration of a mortgage in Rosreestr is a procedure that must be completed without fail.

When registering a mortgage in Rosreestr, there are a number of subtleties and important nuances - we will talk about this in this article.

Payment of state duty ↑

Payment of the mandatory fee occurs at the place where legal actions are performed (Article 333.18 of the Tax Code of the Russian Federation).

If the payment is made via the Internet or MFC, then in this case the taxpayer must follow the instructions when filling out the appropriate form.

Required details

The payment document must contain the following data:

• recipient details;
• checking account;
• Bank's name;
• OKATO encoding;
• KBK;
• purpose of payment;
• payer information;
• amount of state duty.

Photo: receipt for payment of state duty when applying to the magistrate’s court

KBK

KBC for payment of state duty for registration of rights.

List of documents

What documents are required to register a mortgage agreement with the Rosreestr authorities? The following papers are required:

• Passports of all owners. If a purchase and sale agreement is registered, then passports of both the buyer and the seller are needed;
• Statement from the borrower and lender. It must be signed in the presence of a representative of the registration authority;
• An agreement under which a loan is provided for the purchase of real estate and an encumbrance on it is registered, along with a full list of attachments to it;
• Contract of sale;
• Documents for real estate confirming the seller’s right to it;
• Cadastral passport for housing;
• Real estate valuation document for a mortgage;
• An extract from the house register of registered housing and a certificate of absence of debt for housing and communal services;
• Mortgage note with attachments;
• If there are one or more minors among the owners, then a certificate from the guardianship authorities is required, in which they consent to the transaction;
• Notarized consent of the seller’s spouse to sell the home;
• Receipt for payment of state duty.

To register a mortgage, additional documents may be requested, depending on the specific situation.

For example, when registering an apartment in a new building, you will need documents that the company building the house must provide:

• Share participation agreement;
• Permission to put the house into operation from the municipality;
• Registration certificate of the house, issued by the BTI;
• The act of transferring the apartment to the owner, signed by a representative of the architecture;
• A protocol confirming the distribution of residential and commercial zones in the house itself and in the local area;
• A document indicating the address and zip code assigned to the house.

When registering a secondary home, documents may be required confirming the technical condition of the house and the absence of alterations in the apartment.

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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.

You will have to pay a percentage upon registration

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

How long does it take to register property rights?

In the MFC, the time frame for registering ownership of an apartment is quite expeditious and amounts to no more than 10 calendar days (public holidays do not count). In any case, when drawing up an extract, the MFC employee will additionally announce the deadlines for making a decision. By the way, you can track the status of your application using the statement number.

You can find out about the results by calling the application number via the Internet or by calling the hotline. And in some large cities, such as Moscow, St. Petersburg, the MFC notifies its clients via SMS.

The statement number is in the upper left corner. Copy it and paste it into the Readiness Check window. If the system redirects you to an offer to contact by phone number, this means that your MFC has not yet opened access to online checking of results.

As soon as the property title in your name is ready, all the same MFC employees will happily present you with an extract from Rosreestr, the so-called EGRN (Unified State Register of Real Estate). By the way, until 2020, a certificate of ownership was issued instead. The USRN, like the certificate, has the same legal force.

Extract from the Unified State Register of Property Rights