Is it possible to register in a mortgage apartment? This question is of interest to many citizens. After all, such a form of acquiring individual housing in Russia is flourishing every day. It can be difficult to decide here. After all, a mortgage is a kind of loan. And you in the process of living on the territory of housing must also pay for the premises. In fact, it will be your duty. Therefore, the issue of registration in a mortgage apartment is very acute. But you can still figure it out. It is enough to be aware of the restrictions and conditions that apply to citizens.
Myth or reality
Is it possible to register in a mortgage apartment? Sberbank (or any other bank) unequivocally answers this question. Yes, there is such an opportunity. Only here there are a lot of different conditions, restrictions and rules. In most cases, they remain in the shadow of the process. After all, we are usually talking about the registration of the direct borrower.
It turns out that the news about the possibility of registration in an apartment purchased with a mortgage (even if it is still paid) is not a fairy tale. Each bank on this account has its own rules. But they do not prohibit registration. Why? And can this ban, if you encounter it, be regarded as a violation of your rights?
According to law
Of course. The thing is that if you thought about whether it is possible to register in the mortgage apartment to the owner, the answer has already been given - there is such an opportunity. And you simply cannot forbid it.
Why? Thanks to the legislation in Russia. When an apartment is bought on a mortgage, it is considered the property of the future debtor from the moment of conclusion of the contract. That is, you can carry out any transaction with this property. For example, the owner has the full right to donate a share in it, to sell, to issue a full gift for someone. And register as well.
The ban on registration and transactions violates your legal rights. Therefore, banks, if they really want to impose restrictions, then prescribe them in a mortgage agreement. In practice, this happens very rarely. After all, some particularly smart citizens, “savvy” in the knowledge of the laws, can file a complaint against the borrower. It will take a long time to explain on what grounds the illegal ban was put forward. Nobody needs such problems.
Who can
But not so simple. Is it possible to register in a mortgage apartment? VTB 24 and other Russian banks have already answered this question - yes, there is such a prospect. But who is entitled to this operation?
This is where the restrictions begin. Registration and temporary registration of citizens is not provided to everyone when it comes to mortgages. So, without fail and without any restrictions, the owner of a home has the right to register in the apartment. He is also able to register close relatives and family on the living space. Most often, these are children and spouses.
Who are close relatives? About children and soul mates has already been said. But the list does not end there. The parents of the owner, his brothers and sisters, grandparents, grandchildren are also included in the number of allowed residents. These citizens are considered close relatives by law. All the rest are relatives. And with them the issue of registration (and even temporary registration) in mortgage housing is practically not discussed.
Third parties
As you can see, special restrictions have not yet been noticed in our today's question. However, not everyone has the opportunity to register in an apartment taken on a mortgage. Yes, the main restrictions are prescribed in the contract.But, as already mentioned, usually it all comes down to one outcome - the owner and his family can be registered.
Is it possible to register in a mortgage apartment, or rather, register unauthorized persons? This information needs to be clarified in your bank. Practice shows that, as a rule, such an opportunity exists. But with its own nuances.
Without additional hassle, the process of registering strangers in an apartment will not work. You must first obtain the consent of the borrower for this operation. In practice, it is clear that rarely anyone allows you to register third parties in an apartment that was taken by someone on a mortgage. But remember, there is such an opportunity in itself.
To get a permission
What if you need to get permission to register? In free form, contact the bank where you took a mortgage. Write a request for a residence permit. Please note that in order to avoid any complaints and unnecessary proceedings, you will have to prove the necessity of registering third parties that are not related to your family in the apartment.
After you contacted the bank and gave your application, you will have to wait a while. The response time for the request is about 7 business days. The bank will review your case and then issue a permit or reject the request. In the first case, you can safely deal with the design and collection of documents, in the second - just forget about what is happening. In principle, you can try to file a second request. But most likely you will be refused again.
Children
Special attention is paid to registration of children. No one is immune from cases where the owner is no longer able to make timely payments on the mortgage. And what happens in this situation?
In order to insure themselves against unforeseen circumstances, banks introduce special rules for the registration of minors. Is it possible to register in a mortgage apartment from Sberbank or another organization? Yes. Moreover, children can also be registered. Just carefully read the contract that you have concluded with the borrower. There will most likely be a separate item regarding situations where you lose the opportunity to make payments.
In this case, the owner usually agrees to independently discharge the child from the living area. Not a single bank will allow minors to be registered in an apartment, for which you still have to pay for a long time. After all, transactions involving minors are a very delicate matter. And an extract of children as well. Remember, minors have the right to be registered in a mortgage apartment. But if you cannot fulfill your obligations, you will have to write them out.
By shares
Is it possible to register in a mortgage apartment if it is 1/2 yours? For example, when a mortgage is taken by several citizens. In general, this issue should not cause problems. Indeed, in this case, you will have the opportunity of registration. But with its own characteristics.
Which ones? So, the direct owners of the dwelling have the right to register in it. Registration of close relatives is also possible. As soon as we are talking about third parties, in addition to the agreement from the borrower-bank, you must also obtain the consent of the second owner to the transaction.
In some banks, these nuances are prescribed. For example, sometimes you can meet a contract according to which you can not register anyone but yourself without the consent of the other party. But this rarely happens. Simply put, a mortgage apartment is subject to all the rules of registration in ordinary housing, and features are prescribed at the conclusion of the contract.
Pledge
Is it possible to register in a mortgage apartment if it is a guarantee? This question does not arise too often, but it does occur. In principle, there is nothing forbidden in this process. You can prescribe yourself and your family. But with respect to strangers, it is more difficult to answer. This must be read in your contract.
Practice shows: in order to carry out an operation, you will have to obtain a bank permit for a transaction. Without it, registration becomes simply impossible. The order of the request is not burdened by anything. So you do not need to be scared. Simply write a statement in free form and wait a while for an answer. In fact, lawyers and citizens themselves do not advise registration in an apartment, which is in the mortgage, and even taken on a mortgage. Just so as not to make yourself a ton of problems.
