It is no secret, there are mortgage customers who are secretly hoping that the bank that issued them credit for an apartment, or other public entity-creditor "burst", and will pay more than anyone else. "This is a joy!" - Think short-sighted borrower. But no such luck. Lender may not be, but encumbering the mortgage on the house will remain. Today we learn what can be done in a similar situation. If there is no one to pay in this outwardly seems to be "comfortable" position turned out to Olga Andreyevna. About ten years ago, she decided to take out a mortgage for an apartment of "Gen-Credit." Accordingly, the lender is not a bank, and the company. Fearful of any fraud, Olga Andreyevna even got a job in the company to work to get credit as a collaborator. She felt that it gives more guarantees that the house will be safely constructed and a new apartment will go into her property. First time buyers of new housing even had to stay in a hostel, paying the loan until such time as the long-awaited move has not happened. In this sense, the company is a creditor it did not disappoint: Olga Andreyevna properly brought loan payments and lived in the apartment (although burdened with a mortgage). When the pay was only a year, strange happened: the bank through which the borrower to the creditor money translating, suddenly turned to translation - in the absence of such a legal entity and the invalidity of his bank details. As a person educated, Olga Andreyevna realized that this so easily stop paying on the loan can not be, otherwise it breaks the terms of the loan agreement. And nothing will be able to continue to make the apartment, which will "hang" the mortgage burden - and any deal will have to ask permission lender does not exist! What do you do? Wait for the operator in fact, respondents agreed "the owner of" experts, Olga Andreyevna doing the right thing: pay it is necessary. "If a credit agreement continues to operate, and be bound by it are not fulfilled, then in accordance with Civil Code continue borrower must repay the loan even if the payee is unknown to him. Otherwise, the borrower will be assessed fines and penalties for violating the credit agreement "- confirms the head office of City Mortgage Bank in St. Petersburg, Andrei Pimenov. How to tell Irina Kazhikina, head of mortgage services company "Relayt Real Estate," the denial of the bank to accept payment is not unambiguous evidence that the firm-lender no longer exists. "There are different situations: the organization details have changed, and new data on the details until the borrower has not yet reached, is the reorganization of the firm-lender; is the procedure of bankruptcy organization, and so forth" - transfers the expert. In the case of the "Gen-credit", it seems, we are talking about the liquidation of the company (on the Internet quite a few negative reviews for this creditor, who took the initial contributions and the "future" promised to give the full amount to buy an apartment, house or land). Thus, you need an official confirmation on the Elimination of the lender. Prior to the receipt of such confirmation will have to repay the loan, as before, on schedule. The third is not superfluous, but who paid? Most likely, the money will have to pay a deposit of the notary. "For this service will be charged in accordance with the notary fees. But these costs can then be offset by applying to the court because they were caused by dishonest actions of the creditor, "- said Andrei Pimenov. True, if the organization would be bankrupt, then there is little hope that someone will reimburse the associated costs. In addition, like Irina Kazhikina, the borrower will have to take all possible steps to find the organization of the creditor or its assignee, as the problem of a notary search is not included. For example, you can contact the tax office at the last known location of the organization that should have information of interest. You can also try to get a Certificate of Incorporation (the Uniform State Register of legal entities): Online Incorporation states that the extract can be used as proof of the elimination of the company. If you find the same one does not succeed, to fulfill obligations under the loan agreement will have a deposit with a notary. The borrower has to bring the notary documents certifying that fulfill their obligations by transferring money from existing bank details is not possible (for example, it may be a certificate from the bank to refuse to accept payment). O Lucky Man! Further ways of the two. If the borrower continues to pay off the loan and still have not received confirmation on the Elimination of lenders, you need to pay up to full repayment of the loan. Further, after the complete fulfillment of obligations by the borrower under the loan agreement, mortgage encumbrance in the form of an apartment can be removed. If up to this point the borrower will not be official confirmation of liquidation of the creditor, you have to go to court to confirm the performance of Borrower's obligations under the loan agreement and make the decision to remove encumbrances from the apartment, said Irina Kazhikina. Andrei Pimenov added that the appeal can not first in court, and the registration authority (Regpalatu) to lift the burden from the apartment. If the lender actually liquidated, the obligations under the loan agreement are terminated in accordance with article 419 of the Civil Code of the Russian Federation. And on the basis of Article 25.1 of the Federal Law "On Mortgage" login account mortgage can be repaid. For this to happen, mortgagor (borrower) must again submit to the bodies involved in registration of rights to real property and related transactions, the application for repayment of the registration record of the mortgage and the extract from the register with a record of the liquidation of the creditor. In this case, mortgage holders, perhaps, the truth can be considered lucky.
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