Thursday, November 10, 2011

How to buy an apartment from the owner fail to repay a mortgage loan

Currently, when the crisis has not allowed many buyers continue to pay off the apartment and a mortgage, a lot of practice have secured the deal to resell the apartments of some owners who purchased but did not repay the loan for this property, the new owners. Method number 1 - the most dangerous and just deal in the following order. The buyer pays the estate to the bank the remaining amount of the loan and receives a letter and a mortgage on the full repayment of the loan, together with the contract of sale are transferred to the registering authority - Rosreestr. Following the transfer of these documents to the registering authority after five days (accelerated option) or after two weeks (normal version) is removed from the encumbrance of the property as collateral and, secondly, by registration of the transfer of ownership from seller to buyer. The buyer obtains a new certificate on state registration of rights, free of encumbrances. How dangerous this way of making a deal? After repayment of the loan prior to the registration of transfer of ownership under a contract of sale will be right, at least 5 days. During this period, the seller can refuse the transaction and ownership of the facility will be sold by the seller. In this property will be released from the pledge. The buyer is, 'repayment of the seller, will be forced to go to court with the requirements of the recovery paid by the bank or the seller money in the repayment of the loan, and a considerable loss of time, money, and not a guaranteed outcome of the dispute. Method number 2 - A more expensive and reliable way a second, more expensive and a little longer, relative to the first, while fully insuring the risks of non-residential customer or an apartment building. According to this way of acquiring collateral apartments, first to the registering authority served a set of documents of purchase and sale of property, and then, after the registration of transfer of ownership rights under a contract of sale of the bank submitted a letter of full repayment of the loan and mortgage. Registration Service registers the first transfer of ownership from seller to buyer with conservation burdens, and then by the removal of encumbrances. Cash transaction are placed in safe-deposit box with a specific right of access thereto and the obligatory presence of a bank employee. In addition to laid-deposit box of money for the purchased apartment or office, as the remaining funds in repayment of the loan (mortgage). After the transaction, the bank employee withdraws from the cell bank in the amount of repayment mortgage, the seller picks up the remaining funds for it.

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