Clockwork online magazine about the property Metrinfo new column in which you, dear readers, asking all sorts of tricky to sort out the mortgage situation, and we pereadresuem these questions to the experts of the market is gaining momentum. In any case, the letters of the various situations in life comes more and more. Today, we parse the next three. Mortgage Apartment for rent: the quiet of the bank? Several years ago I bought an apartment in the mortgage. After all the boring already started the crisis, to pay the loan has become quite difficult. That's the idea of housing rent. As a preliminary matter sent to the bank statement with the appropriate question. The answer came like this: decide whether to allow or not allow, bankers will only when I have information about a specific tenant - it they are obtained, will also "learn" as a borrower. Yes, and I doubt very much ladies and gentlemen of the department of mortgage transactions that generally "in this" they agree. That crept crazy idea: maybe pass as a "sly"? First of all, we interviewed experts have already given the traditional recommendation: look at what is written on this subject in the documents signed by the client and the bank. "Usually in typical loan agreements obligation to notify the borrower's bank's desire to rent an apartment for rent is registered - said Artyom Kostyushin, head of mortgage lending company" SBS-Mortgage. " - Either directly or indirectly any form of vague like "to notify the Bank about the circumstances that may affect the performance of obligations under the Loan Agreement." From this we can conclude that the consent required. " True, as the Artis Veyps, director of the "Fund loans," such a requirement is in direct contravention of the Civil Code and the law "On mortgage" - the right "... to own and use laid down by subject of the mortgage in accordance with its purpose, including removing him from the fruits and income, provided that use does not entail its destruction, loss, damage or cost reduction. " However, if we act strictly according to law, then challenge the misconceptions of the loan agreement should be through the courts, and not spur of the moment Hopes that the bank suddenly forgot about such a point, almost none. "Contracts with the absence of direct or indirect indications of the agreement with Bank of the matter is not met - said Artyom Kostyushin (" SBS-Mortgage "). - The key to the bank - the "holy", so it seems logical that the contract carefully spells out all kinds of restrictions - including the residence of third parties. " It must be remembered, and yet another aspect. In addition to the borrower and the bank in a third party - the insurance company, insured risks of loss of collateral. "Living in an apartment not the people that are listed in the documents - this is a serious breach of insurance contract - says Nadezhda Volokhova, Deputy. Director of "Manor." - In case of loss or serious damage to the mortgaged property is a circumstance may well be grounds for denial of the insurance company to indemnify. " If you decide to go the apartment owner through negotiations, then the probability that he will be allowed to take the apartment is large enough. "It all depends on the skill and perseverance of the degree of borrower - convinced Veyps Artis (the" Fund Credit "). - Negotiations are better qualified to take advantage of using a lawyer or mortgage broker. In most cases, a positive decision possible. " But think of the cons. First of all, it's spending - for example, the insurance company obviously will not fail to use such a wonderful chance to increase payments for insurance. Secondly, the bank also wish to participate in the process (remember, Zhvanetsky - "no watchman position and state of mind?"). Intrusive interest, advice, who to take, and who will be denied, guaranteed - and, incidentally, the author writes letters to the editor about this. Not the fact that from such attention to himself would be delighted with the potential lifting. It is reasonable to say that he wants to take off without all these adventures - the good, the rental market today is not such a rush, like a year or two ago. Involve removing possible, in fact, only one way - to reduce the price. And it means - new losses for the dealer. There is also a "third" - if allowed to pass and that only in compliance with all formalities entitlement: register of residents in the community, native misinformation pay extra money for consumed water-sewer, 13% surtax But if, as the author writes "quietly"? Formally - a flagrant violation of the loan agreement, under which the borrower receives a request to repay ahead of schedule. However, as noted by one of our consultants, it is not in harmony with the market situation. Borrowers who regularly and without paying arrears on the loan, the banks held in high esteem. Real estate prices dropped, seize the apartment has no interest. It is one thing - menacing frown and puff, and quite another - really take tough measures. Is it possible to lay the property in another city? I want to get a bank loan to buy an apartment in Moscow. I have owned apartment, but she is in another city. Can I lay it? From the text of the question, it is clear that the author wants to do everything at once. So he took only one loan in Moscow, and this loan would have two of the collateral: here and in another city. Before the crisis, such deals were made. They were carried out not only the banks that were included in the nationwide "Top 10" and therefore have offices in many regions. Even the smaller lending institutions have tried to enter this market - they used to do partnerships with regional banks, with expertise in their cities. In the current difficult conditions, all these developments crumbled: the banks do not trust each other. As in important cases (give credit) and is in the details - when checking solvency individual borrowers, the valuation of the apartment. "If this deal happens, then only if the bank's own branch in the region - categorical Veyps Artis (the" Fund Credit "). - And more likely that the bank will be from the same federal "top 10". "Each case is studied separately. And to make it extremely difficult, we can say even impossible - agrees Artem Kostyushin ("SBS-Mortgage"). - All transactions has been reduced to within Moscow, St. Petersburg and the regions of these cities. " Theoretically possible and is another option. You can go to his native city, to lay it flat (secured loans not purchased and the existing property known as collateral), and then come with the money to Moscow and try to get a loan here. However, this possibility, as already stated, but rather theoretical. More of a hassle, the interest rate on Lombard loans are generally higher. But the main thing is not it. All information on existing human credits immediately fall into a special organization - the credit bureau. Moscow Bank, in which you apply for a mortgage immediately becomes aware of your credit for small home. Understand how and why you got into debt for these days are unlikely to be - most likely away from sin, immediately denied. How to pay interest for the guy I want to buy an apartment. Now she is pledged to the bank, the owner pays the mortgage. The total amount required for it to repay the loan, I do not. But the conditions under which the current owner pays (also known as the borrower), I was quite happy. Does the bank agrees to the fact that I "turn on" in place of the current mortgage payer? Just say that it is practically impossible. "Deals with the transfer of persons in the obligation theoretically possible, but as far as I know, Russia has not yet practiced," - said Artyom Kostyushin ("SBS-Mortgage"). Repeatedly commemorated (and in this article, outside of) the crisis was deep enough that the banks got scared and tightened requirements on the mortgage. But it is not sufficient to nonpayment of individuals became massive - therefore, reason to joyfully throw at anyone who is willing to take payments on existing loans. "From the standpoint of the bank, is a brand new credit - says Nadezhda Volokhova (" Manor "). - Accordingly, the man who wants to buy a flat in a mortgage, have to go through all rely in this procedure. Will not only assess its solvency (which, in general, normal), but also to study the history of the apartment as collateral and its evaluation. The fact that this unit is already pledged to the bank (and bank, respectively, knows all its ins and outs), nobody cares. " Then get even more interesting. By checking the apartment, a bank, of course, has found that it is pledged. And this is - a serious legal flaw, which is the basis to deny the approval. And the fact that the collateral - in this same bank, no one to impress. There is a charge - hence, the object useless! In general, there is only one way to buy an apartment mortgage. Borrower will have to get somewhere in the required amount of money to repay the loan, withdraw from the facility charge and then sell it to the buyer as free. And not the other way. In any event, now in our country. Summary As you can see, all of the above situations are solvable, but only theoretically. The crisis has greatly complicated everything and reduced room for maneuver. Have long to bother, and there is no guarantee that today will result in your favor. Have to be patient and wait.
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