Mortgages: Bank asked to pay extra early. What should I do?

Until recently, the phrase "in the mortgage market crisis erupted," interpreted solely in the sense that it becomes harder to get new loans. Banks, he says, tightening the requirements for borrowers, raise interest rates, etc. - This was written a hundred times. This approach allowed gleefully rubbing their hands to those who have already received credit. Go bad - sit yourself and pay the debt by some 11% - quite a ridiculous figure by today's standards! Chain letter from the banker to the borrower were happy, as it turned out early: this month, "RosEvroBank" (usually in such cases, the Internet Journal of Real Estate does not mention the name Metrinfo, but here, in view of what happened is the widest public attention, the phrase "one bank" will be look ridiculous), and so, "RosEvroBank" greatly puzzled by its borrowers. In letters sent to them said: "Given the current economic situation, as well as the negative trend in real estate, warn you about the possibility of reducing the cost of the security provided to you by the credit agreement. With a further saving negative trend may be a situation in which the value of property taken as collateral will not be able to ensure full performance of your obligations under the loan agreement. " This is followed by binding to a similar case the mantra of focus of the bank "for a long and mutually beneficial cooperation," and the need to "jointly seek solutions to existing problems." However, it appears that about the "shared" the bank disingenuous - "solutions" he has sought "offer to prepay indebtedness under the credit agreement of 30%, thus avoiding the occurrence of negative situations in the future." While I would like to request to restrict the timid draw attention to two essential points. The first - is that such "chain letters" clients received only one bank, and that's not all. So far only buyers of new buildings "in the pit" - This category is traditionally considered one of the most risky, because the apartments do not exist either legally or physically. Bank seems to reasonably fear that in the present circumstances the apartment and will not be completed. The second aspect - the most delicate style of the message: The bank asks for nothing, he just "warns of" negative occurrence in the future, and pay now "offers." However - in no way encouraging the panic and the term to drink validol - remember that great things usually start small: to ensure that tomorrow will not receive such a message to other banks and borrowers, it is impossible. In general, in a certain wisdom, is recommended to prepare the sleigh in summer, we decided to formulate some questions and try to answer them. So then you, our readers were not caught unawares. Question number 1 Does the bank may require an early return? The answer we interviewed experts is clear: you need to look what is written on this subject in the loan agreement. Typically, the opportunity for the bank to repay the loan ahead of demand appears in violation of the borrower: he delays payment, the collateral has negligently (in relation to the flat, this may mean, for example, the layout of illegitimacy). There are times when the Bank reserves the right to unilaterally change the size of the rate on the loan - but did not repay it early. In general, a borrower can sleep soundly That's all very well, but not quite. Referring to the Civil Code (and the law, we recall, are binding regardless of whether they are mentioned in our contract or otherwise), the author found a chapter 42 ("Loan and Credit"), and in her article 813 "The consequences of loss of security for liabilities the borrower. " I quote: "In case of default by the borrower under the loan agreement obligations for the return of the loan, as well as loss of security or worsening of his condition due to circumstances for which the lender does not respond, the lender may require the borrower early return of the loan amount and payment of interest due, unless otherwise not stipulated in the contract. " Reducing the cost of an apartment - it's just that most deterioration in security. However, this remains to be proven. Question number 2 How does the bank determines that the value of the mortgaged property decreased? In fact is clear: the crisis shout so that the dead will wake up. But when it comes to legal relations, any statement must be supported by pieces of paper - preferably signed and sealed. "Unfounded statements and the assumptions that the pledge" fell "(and, moreover, that he was" cheaper "in the future) are without any basis, - said Marina Galaktionov, director of partnership development company" LOAN MAX. " - When it comes to trial, then, of course, be taken into consideration only by independent licensed appraisers facts. " There is also a one Aspectics. Obligatory condition of granting a mortgage loan is to evaluate the apartment, and this estimate is a company friendly to the bank. Reaching the matter to court, bank, of course, apply to the same company, and it is - very probably - "draw" it in a report that a figure that is needed. With real estate prices dropped as a passion. But nothing prevents a borrower to find another company that will make a report with very different figures (how to influence appraisers to make the numbers needed to explain, probably do not need - we live in Russia). This is when a loan the bank can somehow vykabluchivatsya, requiring only one company. In court, all appraisers (with license and other official papers, of course) are equal. Question number 2 Is there any category of borrowers who are at risk more than others? One of them we have already named - this is new construction buyers "in the pit", ie apartments, which still exists neither legally nor physically. It is clear that for this kind of "collateral" (without the quotes here are unlikely to do), the banks are very great suspicion. Add the fact that sales of new buildings are actively used by various financial schemes, paid some amount, but in documents written in other ... All this leads to the fact that if the banks will think, from some borrowers would be better to get rid of them in the first place, the idea of ​​"novostroyschikah "comes first. Anna Kharkov, manager of the center support, "Hirsch" refers to the next category - people who have taken a loan with a minimal down payment. It's all rather obvious. For example, a flat, which at the time of the acquisition cost of 10 million rubles, and then the price is reduced to 7 million is clear that if the buyer made a purchase 50% of own funds and take a mortgage only for the remaining 50% of actual size credit is only 5 million bank will not worry. If the buyer made their own money, only 15%, the loan is already as much as 8.5 million - and the bank would suspect that this may be a citizen to pay. The last group - those whose apartments were old and worn. The bank may fear that in 15-20 years, until the last payment of the loan, the collateral is too dilapidated. However, this category is the least risky of all the above - the aging five-story building and Co., of course, goes, but at a much slower rate than does today in the mortgage market crisis. Question number 3 What do the borrower? It depends on personal qualities, a willingness conflict, as well as what is written in your loan agreement (see answer to first question). Certain averaged recommendation - to begin to go into hiding (quite in the style of a joke that "letters, where you ask for money, we did not get"), if the same behavior of the bank becomes too intrusive, it is necessary to him as something to communicate. However, there is another tip that can be considered universal. As recalled by Vadim Martynenko, director of secondary market for the corporation "Reskor" standard loan agreement contains a number of requirements to the borrower - and not to allow strangers to live, and not to make repairs without the consent of, and report any changes in their lives (to change jobs, divorce with his wife, etc.). In normal times the observance of all this, no one is watching - if only people paid, but if the bank decides to "go on the warpath," he begins to look for, what to find fault. Therefore, the borrower can recommend thoroughly in every detail to comply with the conditions of the loan agreement. Not to mention the fact that all payments must be made on time, without a single day of delay. Question number 4 What are the prospects for the trial? Here is difficult to predict - the courts are guided not only by law but also the circumstances. On the one hand, art. 813 CC should not ignore the other - it is difficult to imagine the eviction of a man who carefully pays the loan agreement the amount that he wrote the bank itself. We have, after all, often can not evicted from the apartment where more antisocial personalities "as far as I know, unprecedented seizure and sale of credit property is not much at all - said Artyom Kostyushin, General Director of" SBS-Mortgage. " - The trial requires certain costs, so banks are trying to resort to this option at the last moment. " "Subject to the borrowers of their obligations under the loan agreement the risk of eviction from his apartment is practically zero" - agrees Marina Galaktionov ("LOAN MAX"). Question number 5 Why do all of this bank? This is most probably an interesting question. In our country (as elsewhere in the world) have enough people who are trying to deceive the banks. Trying to argue with those who are prepared to pay honestly, embitter them - not the most sensible solution. In addition, the credit institution then rubs his reputation as a black dye, which then does not wash any advertising and PR. It is unlikely that bankers do not understand. The Judge of all, they are not yet very sure of their righteousness and strength. Would feel more confident - probably threw a borrower with metal letters of the phrase "required in the period before ..." and "in case of default reserve the right to appeal to the court." So long as we consider here is the communication with the debtors as an attempt to "take the gun" - perhaps, among the borrowers nervous there who will pay. Summary So, the main conclusions. First of all, the borrower must remain calm and in his spare time to study your own loan agreement. Not to mention the fact that it must be rigorously implemented. Keep track of prices. Well, look sensible appraisal company - just in case.