Mortgage: how much money will a family with children

How to solve the problem of a successful family apartment with the children? The answer is known in advance to take a mortgage loan. However, the banks have their own ideas about who should be considered a reliable customer. Prosperous and loving parents do not always fall in their number. The reason - the colors of life, that is - the children. That they are not too zhaluyut people to manage money. So moms and dads should be, with what they will encounter, decide they become borrowers. To large amounts can not expect standard requirements of banks to pay customers are well known: the monthly payment on the loan may not exceed 40%, at least 50% of monthly income. Banks will not give credit, if it turns out that a living person can remain at least 50% of income, even though this amount may well be family. Underwriters consider the psychological factor: it is very difficult to limit yourself constantly spending on recreation, car, household items and other pleasant and familiar things. Meanwhile, the central bank and HMLA believe that the banks can keep the family budget amount, which will ensure a minimum living wage for all family members. In Moscow it is - about six thousand rubles per person. What are the challenges? As explained by the Vice-President, Head of Retail Banking of the First Czech-Russian Bank Lydia Herzen, the minimum amount of monthly maintenance costs of each of dependents - family members and the borrower usually equates to the minimum subsistence level. But the amount necessary for the maintenance of each disabled family member, the bank may set its own, taking into account when analyzing the costs borrower the amount needed for education, recreation, medical care, the elderly or children. That is, in the end for a man already burdened with obligations, the loan amount may be somewhat lower. Who's the mortgagor The mortgage loan can be obtained only under the existing mortgage or purchased housing. For those parents who offer a bank guarantee is to buy housing, no problem - in this case the child is not necessarily confer ownership interests in the apartment. Kids will be there only prescribed what the banks can not refuse. Offspring who were born when the mortgage is already paid, will be officially registered in the mortgaged house after the parents formally notify the bank to increase the composition of the family. Problems arise for those families who improves living conditions by means of mortgage - mortgage offers in the existing housing, and in it, in this house there is a share of property that belongs to the child. However, minor children and family members, are formally recognized as incapable (as opposed to parents, senior citizens) can not be pledgers. Thus, the bank probably will not take the apartment as collateral, if the share in it belongs to the child or young person. Option for parents may be possible to identify a child's share of the other housing - for example, in an apartment my grandmother. Meanwhile, the head of mortgage real estate trends, "The Power" Naymushina Victoria notes that there are few banks that did agree to deal with families with children-owners. But in this case, you should obtain permission of the guardianship in the municipality. Custodians may be allowed to sell the ownership interest of the child, but instead require him to give ownership shares in the apartment, and the number of square meters of the minor shall not be reduced. For example, a child in an old apartment belonged to 18 kV. m - mean it is the proportion of new housing. Another way out, yet rarely implemented in practice, offers attorney, the Chairman of the Presidium and managing partner of law firm "right. Real estate. Family, "Elena Zhdanov," The pledgor may be both the debtor or a third person having title to the mortgaged apartment, but not included in the loan agreement and has no liability for repayment of the loan. (Part 1 of Article 1 of the Federal Law "On Mortgage (mortgage). So, a minor can not sign the loan agreement, as it is impotent and has no earnings, but it may be the depositor as having a share in property acquired under a contract of mortgage. Standards of JSC "Agency for Housing Mortgage Lending" give the possibility of granting ownership interests in the mortgaged real estate to a family member minors borrower "evicted - not evict Suppose a young family safely overcome the above obstacles. And now we have to bear the burden of payment and be clear about what would happen if the debtor does not comply with the contract or generally appear with nothing. Before a person can not hardly ever been evicted from the apartment where he is registered. The more improbable for the understanding of the Russians is still a situation where for the debts of a family being evicted from their children. But today is a "prospect" for unscrupulous borrowers is very real. Elena Zhdanova advised to note that the foreclosure of the mortgaged property devoted an entire chapter - IX of the Federal Law "On Mortgage (mortgage)," Article 78 of the Federal Law of 02.10.2007g. № 229-FZ "On Enforcement Proceedings." foreclosure the mortgaged residential property already permitted in violation of the terms of payment (if the obligations are performed periodic payments) more than three times within 12 months, even if each delay is negligible. Of course, the banks and courts generally try to avoid to the last the worst case scenario. The reason is not legal, and psychological - and the bankers, and judges also have children. But infinite pity you can not count on. The court may postpone the foreclosure on the mortgaged property for one year - if the would-be depositor there is good cause to. So that if the circumstances on which you stopped paying, does not provide insurance, you have to put up - the bank will take the apartment. Alimony - In practice, the feet of the reasons for borrowers who have children suddenly stop paying on the loan may be quite different. A common case - the payments are terminated in the event of divorce. Naymushina Victoria cites the example of a family after a divorce where one parent is gone, leaving the other and all the debts on the loan, and all expenses of the child. Credit paid for by the fact that selling the family values, the number of which, as you might imagine, is not infinite. In another case, in a similar situation spouse remaining with the child ceases to repay the loan in principle, considering it the duty of the other parent. To get out of these situations with minimal losses, you should consider the following: - If the marriage section shall be subject not only acquired during the marriage, property and debts of the spouses. Conscientious spouse will always be able to recover the costs incurred under a credit agreement in court with the other spouse - Credit Agreement may be amended, supplemented with the consent of the mortgagee - Maintenance for the child may be recovered as a percentage of real estate of a parent. And if one of the borrowers without good reason, does not extend credit by shifting them to another, you should notify the bank and record the facts documented. In this case, when you sue the former spouse, on your side is even and the bank. It will not hurt a marriage contract to families with children, and even planning to take mortgage loan is to conclude a marriage contract. And Elena Zhdanova advised to do so prior to the transaction of purchase and sale of the apartment. The treaty should be anticipated amount of liability each spouse for repayment of the loan, ownership interest in the apartment, as well as to determine the legal regime of such property after the divorce. A marriage contract may take into account the property rights and common child and the child of a spouse. Summary In this country people with their problems understands itself. "Narozhali and now hodyut here" - a common reaction to an official visitor who has come for some help. Unfortunately, this idea of ​​families with children who are eternally "hodyut", "prosyut" and, accordingly, no can normally make money, is not unique to government officials and has not become obsolete soon.'s family with many children is associated with money and other problems. So, for example, banks' reluctance to comply with the main mortgage law (consider child pledgers) to break easy. Perhaps the situation can change the critical number of court cases won.