"Mortgage history" - column, in which we ask experts to comment on real-life stories taken from the Internet or sent letters to the editor. Issues of interest to our readers this summer, testify mortgage is going on! Yes, of course, the crisis the number of newly granted loans decreased. But those that were issued before 2008, are fully capable to occupy our attention for years to come. And there, staring, and the crisis is over, and new loans gain the citizens. Is it possible to "rewrite" polkvartiry sly? A few years ago my father bought in the mortgage apartment. Taken in fractional ownership, each 1 / 2. At first everything went fine, but now, unfortunately, my relationship with my father deteriorated. He not only does not pay itself, but refuses to give up their share of me. But she had to pay the entire loan as a result to get only half the property in the apartment, I do not want. So efforts daddy situation where we can lose the apartment - but to sell me his half he refuses. What can I do? In particular, there is the possibility of an apartment "rewrite" to me as a "sly" to Dad did not know? If you start with a direct question (the second), then the answer is unequivocal: it is impossible. The real estate market in general nothing can be done "quietly" (of course, we're talking about situations where the actors remain within the law, rather than using, for example, false powers of attorney). As the magazine reminded Metrinfo experts of the Agency for Housing Mortgage Lending (AHML), forcibly depriving the mortgagor (natural person) of his property can not even mortgagee (creditor bank) - all done through a court decision. And the more that there is little opportunity to co-borrower. On the other hand, there is art. 325 of the Civil Code, under which the Joint Duty debtor who has performed this duty to the creditor in full, the right to claim against the other debtors in full of the amount after deduction attributable to a share. To put it clearer, if the letter-writer pays itself - it must collect evidence of this fact (in particular, in any case, do not throw the bank pay-in slip, which shows the name of the payer). Then, when the loan will be repaid in full, you can require from a co-borrower or to reimburse all these expenses, or pay polkvartiry. But, again, through the courts. But it is preferable, of course, solve the problem now, but this is only possible if all parties to the settlement agreement the loan agreement: co-borrowers and the lending bank. Vladislav Esenkov, Deputy Head of Customer mortgage banking business "Unifin" recommends to notify the bank - it is not less than the letter-writer is interested in nadlezhashem performance of the contract. It is possible that the bank already has experience in such conflicts, he knows how to tame the Shrew daddy. Repay the loan ... and died before he could remove the encumbrance My husband and I bought an apartment in a mortgage and just pay off the loan early. Now planning to take charge, but - as it turns out - this is quite a long procedure, lasting from one month. Life is unpredictable, so I'm afraid will happen if something me and my husband during this period. And we have two teenage children. If the loan is paid off, remove the burden and place the property did not have time, but two died on the mortgage payer, who gets the apartment? If strictly by the law, the rights of the mortgagee shall terminate when the debtor closes the loan. Removing the burden - this is a formality. The children are heirs according to the law of the first stage, they are the property of their dead parents. On the other hand, in our life does not always prevent the safe side. First of all, says Vladislav Esenkov ("Unifin"), is worth taking a bank document confirming that all the commitments made on the loan and the bank does not apply to you claims. Second, it would be good to write a will - despite the fact that the children - they are the "first stage". Another of our consultants were surprised why the term denotes the removal of encumbrances so much. By law, it takes five working days, and it probably makes sense to ask the bank, who and why is there "slow" Why do not restructure the debt? In August 2008, I took a mortgage loan. After some time, began a well-known crisis, it became difficult to pay the debt, and I wrote a letter asking for its restructuring. In the process of communication revealed that the bank that gave me the money, sold the loan to another bank and the bank refused to reschedule it for this reason: that he gave not. Incidentally, the official paper with me, they refused and have not given - only in words. With the financial problems I more or less figured out a loan to pay, even ahead of schedule. But restructure interest for a longer period still remain. As far as the position argued for the Bank refuse to restructure their debt at such a strange reason? What to do, how to "reach" to the bank as to reduce the monthly payment will still want to? The situation, as it turns out, quite common. On the one hand, the sale of loans by banks to each other - and long-standing legal practice. On the other - banks do not have uniform standards and methods of risk assessment requirements to the borrower and the loan agreement, etc. Throw in the fact that the banks (as well as any major structure) is quite rigid and cumbersome. Before the big boss of your application will likely not reach, and the "small fry" do not want to take responsibility. Add and what to get the bank to renegotiate the loan can not be one - is its internal affair, which he decides in its sole discretion. What should I do? Option two. Or try to still negotiate with the bank - it needs to go to the reception to the big boss. Find out who the board member in charge of these questions, try to sign up to see him. The second option - refinancing, this service after the recession caused by the crisis, once again returns to the market. The gist is that you find totally foreign banks, according to repay your existing loan, and you will now have this new bank. Cons - trouble and expenses associated with obtaining a new loan actually. Pros - this will be the conditions under which you agree. Maybe they will be more profitable to present there a bank "black list"? In 2007 he took a mortgage loan. In the same year it paid off. But the bank mistakenly sent my data somewhere - how troubled borrower. There's even a letter from the bank that the loan is repaid in full. But this does not help - the negative information about me wander in some databases, and new loans do not give me. That it can be a "black list"? As someone who got into these databases, "wash"? Especially the one who came and something of a misunderstanding idea to collect the credit histories of citizens is not new, and discuss why this is necessary to banks, we do not - because of the sheer obviousness. There are already several large databases of its kind - for example the National Bureau of Credit Histories (NBCH). The data in these databases are actively made - and there could be errors. What should I do? First of all, recommends Vladislav Esenkov ("Unifin") to the bank which issued the mortgage, and find out what kind of organization he passed the information on the borrower. And also get a letter stating that the loan is paid off already, and the bank has no claim. Then the order in this database extract (it will give you the passport), and if an error is detected, the "go to visit them," the letter from the bank. That should be enough to make changes. After completing this procedure will be out of place once again take an extract on the credit history to check whether changes have been made. Can I put out a loan from abroad? I would like to repay a loan taken in Krasnodar. Now I live in Houston (USA). The bank told me that to settle the formalities I have to come personally. You can not do without it? Interested in how the actual transfer of money, and it precedes the legal fuss. The law is not contrary to the desire. "Made by bank transfer to pay off the loan and possibly outside of Russia, - experts say AHML. - However, in this case, you must carefully examine the details for payment and to contact the lender. Also, make payments for you and can located in the Russian Federation any individual - subject to production of a document attesting to their identity. " "Of course, such questions are better (and for the bank, and for the payer) to decide in person - agrees Vladislav Esenkov (" Unifin "). - However, you can send to the bank a letter describing the situation and showing good cause can not be a personal visit. For good reasons could include medical conditions, especially work, children or relatives who need constant care, etc. In any case, the reason it is best to back up a document confirming the given circumstances. " If questions arise related to the need to sign any documents, they are also being addressed. This is best done with a power of attorney - abroad as a notary public, attesting these documents serves Russian Consul. Summary Getting a mortgage loan - is a serious step for anyone considering the size and term loan. Mortgage requires not only confidence that the money will pay off the debt owed to the bank, but also courage, and tolerance - for the time of crediting the borrower can change many things in life. And to this cycling must be prepared in advance. A current issue of the loan will help solve the experts - on the growing popularity and availability of their mortgage on the property market will be more.
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