Selling a mortgaged apartment: legal methods. What are the risks when buying a mortgaged apartment that is pledged to the bank and how to buy an encumbered home for cash and with a mortgage

The concept of “mortgage” has been around for a long time, and everyone knows its meaning. The cost of housing is constantly growing, so a mortgage is one of the most reasonable ways to solve housing issue. However, situations arise when a mortgaged apartment needs to be sold. How to sell an apartment with a Sberbank mortgage? What are the risks for buyers and sellers of such housing?

Reasons for selling mortgaged housing

Mortgage real estate can be sold for the following reasons:

1. Owners of a mortgaged apartment can no longer pay for it various reasons, for example, as a result of job loss.
2. There is a chance to purchase real estate in better conditions. Thus, a mortgaged apartment becomes unnecessary.
3. Family circumstances, for example, divorce, marriage, receiving other real estate by inheritance or gift, etc.

How do banks react to such transactions?

When a home loan borrower becomes unable to pay, in most cases the only reasonable solution is to sell the mortgaged apartment and buy a smaller one. To complete the transaction of this type You must first obtain permission from the bank where the home loan was issued. As a rule, the bank is interested in timely repayment of the mortgage and avoiding delays. Therefore, the bank usually assists in the sale of mortgaged real estate in order to prevent possible debt.

Features of selling mortgage real estate

Realtors have long known that mortgage real estate transactions account for more than 50% of all transactions. To conduct a transaction, you must obtain permission from a credit institution, in our case, Sberbank of Russia. In this case, the bank will have to reimburse in full the costs it incurred as a result of issuing to the borrower credit funds, and partially lost profit.

Selling methods

How to sell an apartment with a Sberbank mortgage? There are 3 ways to complete a transaction:

1. Redemption housing loan. The method is suitable only in situations where the terms of the mortgage loan provide for the possibility of early repayment. The mortgage will be repaid from the funds of the buyer of the apartment; for this purpose, the seller must conclude a preliminary agreement with him and have it certified by a notary. After this, the buyer, seller and bank enter into an agreement to pay off the mortgage and remove the encumbrance. You can sell an apartment only after registering the removal of the encumbrance with Rosreestr.
2. Sale of mortgage. The mortgaged property can be transferred to a third party under a new loan agreement with Sberbank. To do this, as in the previous case, the buyer and seller first conclude and register a preliminary agreement with each other, and then with the bank - a tripartite agreement on changing the borrower. After this, a purchase and sale agreement is drawn up and registered with Rosreestr.
3. Re-issuance of a loan. The method is suitable in cases where it is possible to convert the mortgage into a regular one. consumer loan. To begin with, the seller reissues the loan, and then receives consent from Sberbank to sell the home. After this, you can begin to draw up a purchase and sale agreement.

What documents will be needed?

The sale of an apartment with a mortgage involves the collection of:

• title papers,
• copies of owners' passports,
• BTI passports,
• extracts from the house register,
• copies of the real estate personal account.

In addition, permission from the guardianship authorities may be required if one of the owners is a minor. You will also need an extract from the Unified State Register indicating current state encumbrances and all owners.

The Bank has the right to additionally request:

• copy of driver's license,
• military ID,
• a certificate from a tuberculosis clinic (if there are elderly owners).

Sales procedure

The procedure for selling an apartment that is mortgaged by Sberbank consists of the following stages:

1. The buyer of the apartment makes an advance payment to the seller for it.
2. The seller provides the bank with an agreed package of documents.
3. The seller invites specialists from the appraisal office to draw up a full report on the apartment.
4. Preparation of preliminary and main agreements, coordination of the procedure for selling a mortgaged apartment with Sberbank.
5. Signing agreements.
6. Registration of a mortgage for an apartment in a bank, removal of encumbrances, state registration of a contract and property rights.
7. Receiving a certificate of registration of rights, conducting mutual settlements between the buyer and seller.

Selling an apartment with a Sberbank mortgage is a rather long procedure, especially if we're talking about on early repayment of a housing loan. Sberbank does not consider dubious schemes, so it mainly offers to act according to the algorithms it has developed. Thus, the sales procedure will be individual in each specific case. It is important to note that Sberbank is reluctant to reissue a mortgage in any way.

How to sell an apartment with a Sberbank mortgage with maternity capital?

If the home loan was taken out against maternity capital, the transaction will look somewhat more complicated. The child for whom funds have been allocated from the state budget must be 3 years old. Only in this case can you sell your home in order to buy a new one with the proceeds. This can be either other, including mortgage, real estate in new buildings, or on the secondary market.

The seller needs to obtain permission from Sberbank to in writing for home sales. This document specifies the terms of the transaction (for example, payment of a commission). After this, you can begin to pay off the current debt and submit documentation to Rosreestr to clear the record of the existence of an encumbrance and at the same time to re-register ownership. In addition, the apartment can be sold if there is an encumbrance, and the loan is repaid after state registration agreement. Then you can begin to remove the collateral.
If the apartment has been owned for less than 3 years

The procedure for selling an apartment that has been owned for less than 3 years is no different from the above algorithm. The only difference is that the seller needs to pay income tax. But if you purchase new housing of greater value, you can get tax deduction and return 13%. If it is purchased new flat less value - no deduction is paid.

Selling an apartment during a divorce

Lately everything large quantity married couples decide to divorce. In this case, the former spouses must divide the property acquired during the marriage, but also joint debt obligations. How to sell an apartment with a Sberbank mortgage during a divorce? There are two schemes.

1. The mortgage was issued after marriage. Former spouses must sign an additional agreement at the bank to the housing loan agreement. In this situation, banks usually decide to reissue two new loans or rewrite the previous one to one borrower. Since the terms of the loan are determined individually, you must first consult with the bank.
2. The mortgage was obtained before the spouses entered into legal marriage. In this situation, one of ex-spouses acts as a borrower. At the same time, housing is not legally considered jointly owned. Only payments made after marriage may be subject to division here. This can only be achieved by a court decision. And in this case, you should consult with a Sberbank employee.

How to sell an apartment with a Sberbank mortgage through a realtor?

Often, owners of mortgaged apartments who want to sell such housing attract real estate agencies. How to sell an apartment with a Sberbank mortgage in this case? First you need to find out possible options sales of real estate in a bank. After this, you need to contact a realtor who will directly search for buyers and collect the documents necessary for the transaction. The agency will take a considerable commission for its services, but the sales process will speed up significantly. The method of selling a mortgaged apartment with the participation of a realtor is suitable for those owners who want to get rid of such housing as soon as possible.

Risks for the buyer

Transactions with real estate purchased with borrowed funds are risky, primarily for the buyer. If the seller turns out to be dishonest, the buyer will not be able to purchase an encumbered apartment; accordingly, he will be denied a loan and will not receive the desired apartment. Unfortunately, situations arise when sellers falsify documents. In addition, the buyer may be faced with the lack of necessary documents or their inconsistency with the bank’s requests from the seller for re-registration of real estate. If the owner is a minor, the guardianship authorities may prohibit the sale of housing.

Risks for the seller

Let us remind you that the procedure for selling a mortgaged apartment is completely controlled by the banking institution at all its stages. The bank is most interested in the success and transparency of the transaction. An important role here is played by such a factor as the buyer’s solvency, since if this parameter does not meet the bank’s requirements, the mortgage will not be reissued.

The seller should be careful when making mutual payments with the buyer and not get involved in various “gray” money transfer schemes, which are quite often implemented by scammers. There is a risk that the sale will fail. However, if an unscrupulous buyer is nevertheless identified, this will help the seller avoid serious problems further. Remember that scammers can also mislead a bank employee. However, the insurance service also participates in the transaction on the part of the bank, whose responsibility is also to verify the legality and legality of the transaction. The shadow scheme will thus be revealed.

In this regard, the biggest risk for the seller is a waste of time if the buyer is refused a home loan.

Selling mortgaged properties is not uncommon these days. Situations when a borrower can no longer repay his debt occur frequently. The only reasonable solution is to sell the mortgaged home. How to sell an apartment purchased with a Sberbank mortgage? First of all, you should obtain consent from the credit institution to sell such an apartment and find a buyer. After this, you can begin to complete the transaction. There are two main options - the buyer pays off the mortgage or the home loan is reissued for him. Another way is to convert a mortgage into a consumer loan. However, mortgage real estate transactions are risky for both buyers and sellers.

Selling real estate purchased under a mortgage and secured by a banking institution is quite difficult. Even if a buyer is found, the apartment owner is able to benefit from such a sale only in some cases, because in most cases he “breaks even” or incurs minor losses. In addition, many difficulties may arise, both during the approval period and during the execution of the transaction.

But what to do if you really need to sell your mortgaged apartment?
And you also want to do this profitably, and not at a loss for yourself?

Ways to sell an apartment with a mortgage

Although selling an apartment with a mortgage is not so easy, there are ways in which this can be done:

• Repayment of the entire loan amount;
• Change of borrower.

Repayment of the entire loan amount

This is the simplest and quick method sale of a mortgaged apartment. However, to do this, you must first find a buyer who has enough funds to cover the debt. IN in this case the buyer repays the loan in full, after which the banking institution issues him documents confirming the fact that the mortgage has been withdrawn. These documents allow the buyer to carry out subsequent transactions. If he buys a finished apartment, a sales contract is signed. In cases where real estate is purchased and is under construction, the equity participation agreement with the developer company is renewed.

This method is the easiest for the buyer, but for the seller it can be very risky. In most cases, the procedure for processing documents by the bank takes 2-3 months from the date of loan repayment, and the buyer does not receive property rights to the property. There may also be problems with government agencies, since they may refuse to register the transaction.

In such situations, safety deposit boxes are used to reduce risk: after the purchase and sale agreement is drawn up, money and documents intended to remove the mortgage encumbrance are placed in one box, and money intended for the seller is placed in another box. After repaying the debt, the buyer takes the documents from the first cell, and the seller takes his part of the money when transferring ownership rights.

Change of borrower

You can sell an apartment with a mortgage using this method by replacing the contract. However, this will require the consent of the bank. In this situation, the buyer assumes the credit obligations of the seller. The bank’s task in this case is to check the financial condition of its borrower.

If the apartment being purchased is under construction, the banking institution may offer the buyer to borrow funds to pay off the seller’s debt. This method is suitable if the new building was registered under a share participation agreement.

To sell real estate with a mortgage that is under construction, you need to provide the bank with a statement that you are going to sign an assignment agreement and permission to re-register the agreement issued by the developer. Banking institution reviews the documents within three days, after which it makes a decision.

Selling an apartment with a mortgage is a very complex procedure that requires certain knowledge and experience. It is very difficult to do it on your own. Therefore, in order to profitably sell real estate in Moscow, which is under mortgage, contact our real estate agency " City service real estate." Thanks to great experience Our specialists know how to protect the interests of each party, protect them from unpredictable situations and make sure that both the seller and the buyer are completely satisfied with the transaction.

We will be useful if you:

• Do you want to plan to sell your home with a mortgage due to any circumstances not related to solvency (moving, division, exchange, etc.).
• You need an urgent sale of a mortgaged apartment, no longer able to make loan payments.
• Already have mortgage debt, repeated late payments;
• You are at the stage of litigation, enforcement proceedings, and want to receive professional legal assistance (claims for early repayment of a loan, forced sale of an apartment through auction, seizure, seizure of real estate).

City Real Estate Service offers:

• An integrated approach to overcoming the difficulties associated with the sale of mortgage real estate in each specific case.
• Interaction with the lender (discussion of the scope of requirements, coordination of stages of the process of selling a home, carrying out the purchase and sale);
• Assistance in the sale of real estate, taking into account the interests of the client (evaluation of the property, entry into the information database, advertising, showing to potential buyers, preparation of documents, full support of the transaction).
• Lawyer consulting.
• Protecting the client's interests in court and during enforcement proceedings.

Contact us, we will free you from the problems of selling real estate with a mortgage!

Welcome! Is it possible to sell an apartment with a mortgage and how to do it correctly? Today we continue to answer questions from our readers and in this post we will talk about whether it is possible to sell an apartment purchased with a mortgage, how to sell an apartment with a mortgage, and you will also learn all the nuances when registering an apartment through a mortgage.

There are several reasons for selling an apartment that still has a mortgage:

1. Inability for the borrower to pay monthly installments. In this case, selling an apartment with a mortgage will be an excellent way out of the situation: the borrower will not have debt to the bank.
2. This is an exchange due to family expansion or divorce. Selling an apartment with a mortgage will become simply necessary in this case.

An apartment with a mortgage is the bank's collateral, so in order to sell it, you must obtain permission from the financial institution that issued the loan to you. If you don’t know how to sell a mortgaged apartment, first find out whether the bank will give you permission to do so.

Firstly, the bank benefits from the sale of the apartment with a mortgage and, accordingly, the full repayment of the mortgage debt on your part, so it is unlikely to prohibit such a transaction if you can no longer repay the loan.

But, secondly, if the bank sells your mortgaged home and repays the mortgage, it will lose its interest, and this may be a reason for refusal. The bank can also refuse if you have violated its rights to the collateral property - for example, you have carried out redevelopment of the mortgage.

You can be one hundred percent sure of the bank’s consent if the sale of a mortgaged apartment is specified in your loan agreement, but this is rare.

But no difficulties in pre-selling an apartment with a mortgage can be compared with the possible legal proceedings, which will certainly arise if you simply stop paying your rent every month. So if you can no longer afford big monthly payments, sell an apartment that is under mortgage as quickly as possible.

There are 4 most common ways to sell an apartment with a mortgage:

1. Early repayment at your own expense;
2. Early repayment at the expense of the buyer;
3. Early repayment at the expense of a real estate agency;
4. Sale under a special bank program.

At your own expense

The bottom line: you independently raise money in the amount of the remaining debt to the bank, and pay it off. After which you remove the encumbrance and can safely sell your property. To repay a loan, you can use it if income allows, because when calculating solvency, current obligations will be taken into account.

• It is difficult to find a sufficient amount on your own;
• When applying for a loan or loan, it is difficult to qualify for a large amount due to existing obligations.

You can quickly and legally close your mortgage and remove the encumbrance for sale

At buyer's expense

The bottom line: you find a buyer who agrees to buy an apartment taken on a mortgage. The buyer provides you with an amount with which it is possible to repay your debt ahead of schedule (a receipt is issued to the buyer for this amount). The borrower selling the apartment does early repayment and closes the loan. Then he removes the encumbrance and sells the apartment to the buyer (a mortgage for the balance is possible).

• It is difficult to find a buyer willing to buy an apartment with an encumbrance;
• Not all buyers have enough money to remove the deposit on the property.
• The buyer will ask for a discount on such housing.

• Legal transaction
• Benefit for the buyer

Through a real estate agency

The bottom line: a real estate agency issues a loan to the seller in the amount of the loan balance. After this, the mortgage encumbrance is removed from the apartment and the apartment is sold.

• Enough high percent on a loan from 18% per annum;
• Expenses for real estate services.

• Good for a borrower who simply does not have time to independently sell collateral real estate.
• Beneficial when moving.
• There is no need to contact the bank to apply for a loan.

Special bank program

The bottom line: for a buyer who can buy out a mortgaged apartment through a mortgage, there are special programs in banks. The potential borrower provides a standard package of documents and waits for approval of the application for the specific apartment that has already been found, which is in lieu of the same bank. Next, a loan is issued to the buyer and simultaneous repayment of the seller’s debt to the bank, and after that the transaction is registered in justice.

• Not all banks operate under such a program;
• Both mortgages must be from the same bank;
• The registration procedure is complex and not all bank employees are competent.
• It's difficult to find a buyer.

• Legal sales scheme.

Step-by-step instructions for completing a sale

Now you already know the answer to the question: is it possible to sell a mortgaged apartment on credit? Yes, this can be done and there are four options for how to do it. Next we will look at the step-by-step instructions , how to sell an apartment purchased with a mortgage using borrowed money jar.

A common way to sell an apartment to an insolvent borrower is through refinancing - that is, the bank sells the collateral apartment. Average market conditions for the sale of such real estate are as follows:

• Housing: secondary and primary markets;
• Amount: from 300,000;
• Interest rate: from 10.75%;
• Repayment period: up to 30 years;
• Down payment: from 15%;

Standard package of documents for an application:

• Application for a mortgage;
• Passport;
• SNILS;
• A certificate confirming your income level, or tax return for the last year;
• A copy or extract from the work book;
• Military ID (for men under 27 years old).
• Marriage and birth certificates (if applicable).

At the same time, we must not forget that the bank may at any time require any additional documents from you.

How to sell an apartment with a mortgage on credit? You can apply for a loan for collateralized real estate at any branch of the bank of your choice. To do this, the buyer needs to perform the following algorithm of actions:

1. Submit a loan application - in some banks this can be done online.
2. The bank makes a decision on the application within 5 working days on average.
3. After the application is approved, choose an apartment
4. If the apartment is encumbered, the mortgage must first be repaid using one of the above methods. has been described in detail previously.
5. Bring Required documents to the nearest bank branch for the selected option:

• For secondary buyers: preliminary agreement, seller’s passport, housing certificate, appraisal, cadastral passport, extract from the house register, basis agreement and other documents at the request of the bank, receipt for the first payment.
• For the primary: dd, seller’s passport, documents for payment of dd, assignment of rights of claim.

1. Receive confirmation of the accuracy of documents and final approval.
2. Take out insurance and enter into a loan agreement.
3. Register the transaction in the Russian Register.

How does an independent sale by a bank take place?

How does the sale take place in this case? If you do not repay the loan for a long time and do not restructure such debt, the bank can take away the apartment from the borrower and independently sell it in accordance with the law.

There are two options:

1. The bank, by a court decision or agreement with the borrower, becomes the owner of the property and sells it at its own discretion. In this case, the borrower may still have a debt to the bank that will need to be repaid. This occurs due to a difference in price or if there was a foreign currency mortgage and the exchange rate soared. This option is the most disadvantageous for the borrower because... the bank will sell such real estate significantly below the market.
2. The client himself finds a buyer and independently sells the apartment at his own price. The option is more profitable. We talked about it above.

Is it possible to sell an apartment purchased with a mortgage for good money? Considering the fact that buyers in the real estate market do not like apartments with encumbrances, it is quite logical that collateralized real estate costs much less than any other. Experts note that the difference can reach 25%.

The value of the collateral property is determined by the bank and is guided in this matter by the following factors:

• The amount of total debt the borrower has (including penalties, penalties and interest);
• The duration of the borrower's delays in mortgage payments;
• Condition of housing, etc.

It is important to understand that, as a rule, banks use the services of a realtor when selling their collateral real estate for cash. The amount for which an apartment with a mortgage will be sold is largely determined by his professionalism.

Practice also proves that a collateral apartment in good condition and with excellent characteristics can be sold for the full market value, and if the apartment was bought in a new building and at the time of sale it is fully equipped, it is also more expensive than its original cost. This can be beneficial, for example, for selling an apartment during a divorce.

The bank's requirement to sell the collateral apartment contains opportunities for the borrower to avoid this. There have been cases when a borrower was forced to put his apartment up for sale and deliberately inflated its value so much that it simply could not be sold. This time was enough for the borrower to restore his financial position and continue to pay his mortgage properly and regularly.

However, all this applies only to those cases when the sale of an apartment with a mortgage is carried out voluntarily. In some cases, when it is impossible to obtain a sale from the borrower from the bank, the financial institution can take back its collateral in court.

In this case, the apartment will go under the hammer and much cheaper than it could have been sold. And if the bank’s expenses for such proceedings are not covered after the sale of the collateral real estate, then the bank will have every right to collect the balance of the debt from the borrower, even with the help of the court.

Don't take things to the extreme. There would be a desire to be able to pay off the debt. You may not have heard, but it exists. State support reaches 1.5 million rubles. Read more in our previous post.

Maternal capital

But maybe you don't want to sell your home, but you're having a hard time paying off the debt. One of the ways to keep an apartment as collateral from the bank, for which it is no longer possible to pay the mortgage, is. Typically, it is provided on a targeted basis. If these conditions suit you, you can apply for it in the following few steps:

1. Submit an application to the nearest Pension Fund branch. In the application you must indicate the recipient's details maternity capital.
2. Within two months, the Pension Fund transfers maternity capital funds to the bank.

Thus, you receive maternity capital funds not in parts, but in whole.

Pros and cons

Naturally, such operations seem quite risky to buyers - anything can happen. If the advantages of buying an apartment with an encumbrance are obvious ( low price, the mortgage interest rate is significantly lower), then you need to pay attention to the disadvantages.

Purchasing real estate under a mortgage:

Firstly, repaying the mortgage debt for the seller of the apartment is quite risky for the buyer. If it is not documented in any way that the buyer has any rights to the apartment, then the seller can simply use his prepayment, remove the encumbrance from the apartment and use it at his own discretion - the deposit has been removed, he can make absolutely any transactions with it. Therefore, the buyer can protect himself only if he does not cooperate with an individual, but with a bank or agency.

Secondly, re-registration of an apartment, if it has a mortgage, and removal of the encumbrance from it entails additional expenses for the buyer.

Third, the buyer should not pay the money owed to the borrower before their deal is approved. After all, it may turn out that the seller is prevented from taking his money by the financial institution due to a refusal of the transaction. Perhaps this risk is beneficial for the buyer - he can legally take both the funds and the purchased apartment for himself, but this situation entails inevitable proceedings.

When selling an apartment with a mortgage, the seller’s risks usually include:

• The buyer refuses the transaction when money has already been deposited in the bank. This entails an obligation to return them back, and this will be problematic.
• The bank's refusal to issue a loan for an apartment to the buyer.

If you have difficulties with such a transaction and you need to sell or purchase your own home under a mortgage, we recommend that you first consult with our lawyer. Ask him a question in a special form. There is currently a free promotion.

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Both the advantage and disadvantage of purchasing real estate with a mortgage at the same time is that the payment for the apartment takes place over many years. Borrowers often have a question: is it possible to sell an apartment with a mortgage and buy another one with a mortgage?

The scheme for obtaining a mortgage is already familiar to every borrower who has taken out an apartment on credit. Let's consider how to sell real estate that has property encumbrances.

Reasons for changing apartments

Depending on the reasons why a change of apartment is necessary, the issue of buying and selling real estate can be resolved in different ways. Realtors note that the most popular reasons for changing one apartment purchased with a mortgage to another purchased under the same program are:

• improving the financial situation of the borrower or expanding the family. Often, mortgages are taken out by young families who, after having children, seek to improve their living conditions;
• change in family circumstances. This is exactly what borrowers veiledly call a divorce when they need to sell real estate acquired during marriage, divide the money and buy smaller apartments;
• deterioration of financial situation. Banks issue mortgage loans not only in rubles, but also in dollars or euros. Over the past couple of years, the domestic currency has more than doubled in value, while wages have remained at the same level, and now many families are simply unable to repay the loan they took out.

There may be other reasons why the borrower needs to change housing, for example, moving to a new place of work and not wanting to travel across the city to get there.

Most often, the reason for selling an apartment is the need to change place of residence or change marital status borrower.

If you plan to increase your living space or move to a more prestigious area, that is, the property planned for purchase is more expensive and liquid, the borrower can contact the bank with a question about replacing the collateral. However, this option is possible, mainly if the purchase of a new home is under an exchange agreement, or the borrower first buys a new property and then sells the old one. Such situations are rare. As a rule, the borrower must first sell the home and then buy a new one. And in such cases, the borrower is interested in one question: is it possible to sell the mortgaged apartment? Since the purchase of a new living space will already take place the usual scheme mortgage registration.

What does the law say?

Issues related to the purchase of real estate with a mortgage are regulated Federal Law“On mortgage (real estate pledge)” (hereinafter referred to as the law). Article 37 of the above-mentioned law states that in order to alienate (simply put, sell) the pledged property, the consent of the pledgee, that is, the bank, is required. Thus, without the bank’s permission, the transaction will not be entered into the state register.

If the seller somehow circumvented the law and sold the pledged property, then, in accordance with Article 39 of the law, the bank has the right to demand early fulfillment of obligations, including from the buyer, or to declare the transaction invalid.

Important! Without the bank's consent, the transaction will be invalid! Ownership will not pass to the buyer.

How to obtain a sales permit?

So, the main condition is to obtain permission from the bank to sell real estate. Almost all banks already have a clear procedure for issuing permission to alienate property. Financial institutions are interested in paying off the mortgage, but they are not interested in who the owner will be.

As a rule, alienation is possible subject to full repayment of the mortgage loan. If the borrower is unable to pay off the debt on his own, the situation becomes somewhat more complicated. First, the borrower must find a buyer who is willing to pay the amount for the mortgage, only after that the bank removes the encumbrance, and the transaction can be completed.

Explain to the bank the reason why the decision was made to sell the apartment, and it will most likely meet you halfway and reduce the time required to complete all the paperwork.

Problems associated with the sale of an encumbered apartment

Selling an apartment encumbered with a mortgage is a rather difficult task, since not every buyer will agree to purchase such real estate. This raises two problems:

• a narrow circle of buyers. The most difficult thing about selling mortgaged real estate is finding a buyer. Many are simply afraid to contact the bank for fear of losing both real estate and money in the future. Considering the wide selection of real estate for sale, finding a person ready to buy such an apartment can be a real problem;
• the need to sell at a reduced price. Since the circle of potential buyers is significantly narrowing, in order to make the offer more attractive, it is necessary to make significant discounts, giving up the apartment at a price below the market price.

In addition, sometimes banks impose a penalty for early repayment of a mortgage. In this case, you need to calculate all the costs so that it does not turn out that the deal is unprofitable.

When selling an apartment encumbered with a mortgage, be prepared to lose a little in its value.

Ways to sell an apartment

The most likely ways to sell an apartment encumbered with a mortgage are:

• independent sale to the buyer for cash;
• sale of an apartment to a buyer who takes out a mortgage on it;
• sale with the involvement of a real estate organization as an intermediary.

Let's look at all the options in more detail.

Independent sale

In this case, the seller independently looks for a buyer.

The essence of the deal is as follows. First, the buyer gives the seller whatever money is owed on the mortgage to pay off the debt. After this, the seller and a representative of the banking organization remove the encumbrance from the apartment, and the buyer registers the rights to the property, simultaneously transferring the remaining amount.

The main problem is that it is necessary to find a buyer who will agree to pay the required amount before completing the transaction. This operation is quite risky, because if the seller is dishonest, the buyer may be left without an apartment and without money. To protect himself, the buyer may request to register the deposit agreement with a notary.

The main problem when selling an apartment encumbered with a mortgage is the need to convince the buyer to make an advance payment.

Sale to a buyer who takes out a mortgage

In this case, the ideal situation is when the buyer has the amount needed to pay off the mortgage. The seller pays the bank for the money received and removes all restrictions. After this, the buyer provides the documents necessary to complete the transaction and issues a mortgage, and the seller receives the remaining funds from the bank.

It is advisable that the mortgage be taken from the same bank. Then you can count on faster and simple procedure, and the documents of the future buyer can be attached to the application with a request to allow early repayment of the mortgage.

Having buyers obtain a mortgage from the same bank is ideal for both the seller and the buyer. In some cases, the bank is ready to “replace the borrower” under the mortgage agreement.

Selling an apartment with the help of a real estate agency

The situation is very similar to the first way to sell an apartment, only a realtor is looking for a buyer. He charges a certain percentage for this service. Involving a well-known real estate agency in the market as an intermediary will help convince the potential buyer that the seller does not have any malice and the need to pay part of the funds in advance.

Large real estate agencies can issue a mortgage loan to remove encumbrances from the property. This will increase the chances of a faster sale.

Results

So, it is possible to sell a mortgaged apartment and buy another one, and there are even several ways to do this. Of course, the presence of encumbrances complicates the procedure for finding a buyer and completing a transaction, but it is not a problem that cannot be solved.

Selling and buying mortgaged apartments is a fairly common procedure. The reasons for the alienation of real estate can be different - from the need to expand the area to the lack of money to pay debts. One way or another, the seller needs to know how to conduct a transaction and not remain in debt to the bank.
Today I will talk about legal ways to sell mortgaged housing and try to answer your questions.

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○ Features of mortgage housing.

The procedure for alienating an apartment with a mortgage is related to legal status such property. Features of mortgage real estate:

• The housing belongs to the borrower, whose ownership rights are limited.
• The restriction must be registered with Rosreestr.
• The borrower receives the right to dispose of real estate after full repayment of the debt and removal of the encumbrance.
• While the property is encumbered, transactions with it cannot be carried out without the consent of the lender.

Is it possible to sell a mortgaged apartment? Yes. There are several legal schemes for selling such real estate.

○ How to sell a mortgaged apartment?

Let's consider the preferred procedure for concluding a deal, depending on the situation.

✔ Independent sale

The transaction without risks for both the seller and the buyer is carried out as follows:

• The seller warns the bank of his desire to put the apartment up for sale and takes a certificate of the amount of the remaining payment (if there are debts on the mortgage, they should be repaid).
• After a buyer is found, all the nuances of the case are discussed and a preliminary purchase and sale agreement is drawn up.
• The seller and the buyer go to the bank, where two cells are opened - into one the seller deposits money to pay the debt amount, into the other he deposits the funds paid by the borrower on the loan.
• A receipt is drawn up between the buyer and seller to deposit money in the bank as collateral.
• The loan is fully repaid.
• The encumbrance on the apartment is removed.
• A purchase and sale agreement is concluded.
• The new owner registers his rights with Rosreestr.
• The seller gets access to the money box.

✔ Sale by bank

The bank can take care of all the nuances associated with the execution of the transaction. It is enough for the buyer to notify the lender of his intention and the reasons for it. After this, the property is put up for sale.
When someone willing to purchase the property has been found, the bank and the buyer agree on the payment procedure. After repaying the loan, financial institution Rosreestr independently warns about changes that have occurred.
Next, a purchase and sale transaction is drawn up. After registering the buyer's ownership rights to the apartment, the seller gains access to the safe deposit box, where the buyer deposited an amount equal to the amount that the debtor managed to independently repay on the loan.

✔ Sale if the buyer pays in cash

Whose consent is needed to sell an apartment in this case? Sometimes such a transaction does not require approval from the bank, however, before depositing money mortgage loan, it would be a good idea to read the loan agreement. It is quite possible that the financial institution does not allow the unauthorized alienation of collateral real estate, and charges a fine for early repayment of the loan. If there are debts on the mortgage, the bank may oblige the seller to repay them or will count the amount of debt and penalties into the loan balance.
In addition, in a transaction with a full purchase of an apartment, there is one nuance - the buyer is unlikely to agree to give a deposit without any guarantees. Such a guarantee can be a preliminary purchase and sale agreement, which will stipulate the following provisions:

• Duration of concluding the main agreement.
• Responsibilities and rights of the parties.
• Payment procedure.
• Price of the apartment and amount of deposit.
• Deadlines individual actions– contacting the bank, removing the encumbrance.

Failure to comply with conditions preliminary agreement is a reason to go to court and enforcement obligations of the parties.

✔ Sale of a mortgaged apartment with a mortgage

If the buyer does not have enough money, the bank can provide him with a mortgage.
Both the bank and the seller can initiate the transaction. In this case, the buyer must contact the mortgagee and ask whether they are ready to enter into a mortgage agreement with him. If the applicant accepts the financial institution as a client, the apartment is sold to him with a mortgage. Some banks themselves put such apartments up for sale and offer very favorable lending conditions (for example, VTB 24).
In addition to selling an apartment, debt transfer transactions are popular. That is, the buyer takes the place of the seller and continues to pay the loan instead.
For this procedure, a creditor must be involved; only he can give consent to replace the debtor (Article 391 of the Civil Code of the Russian Federation). If the bank gives permission, the buyer’s solvency is checked, and an assignment of rights under the mortgage agreement is drawn up. The legal basis for this is Art. 47 of the Law “On Mortgage”.

○ Risks when purchasing mortgaged housing.

A buyer may encounter many pitfalls when purchasing such a property. Main risks:

• The bank's refusal to sell such housing, transfer debt or issue a loan.
• Deception on the part of the seller in the form of non-repayment of the loan.
• The seller repays his debt and avoids further transactions.
• Failure of a transaction due to its duration and complexity (the seller can find a more suitable buyer during this time).

The buyer may encounter other problems; to avoid them, the transaction must be carried out with the consent of the bank.

✔ Sale without bank consent

When purchasing an apartment without the bank’s consent, the buyer may face many problems associated with the seller’s fraud. Even if you, as a buyer, pay the entire amount of money for the apartment and, it would seem, have no relationship with the bank, it is worth enlisting its support. After all, the bank is the holder of the mortgage and, therefore, it must control the transaction.
What are the advantages of buying through a bank?

• First, you will not overpay on the remaining loan (sellers sometimes provide incorrect information about the debt).
• Secondly, the bank employee will carry out the correct calculations.
• Thirdly, legal support of the transaction is provided.
• Fourthly, the bank will not be able to make any claims against you in the future.

It is also beneficial for the buyer to contact the bank when selling an apartment.

• Firstly, most likely, such an obligation is specified in his contract. In case of violation of its terms, sanctions are applied to the perpetrator.
• Secondly, the transaction will be faster and cleaner. The bank will be able to take on its share of the worries of selling the apartment (for example, it will remove the encumbrance on its own).