Many people are forced to obtain mortgages to purchase a home, as their own savings are not enough for such an acquisition. This leads to the fact that borrowed funds are used in the process of buying real estate. The bank is trying to protect itself from various unforeseen situations when the borrower cannot or does not want to transfer funds, therefore, a restriction is placed on the purchased housing. The removal of the mortgage burden is allowed only after the full repayment of the loan. Therefore, borrowers should know how to properly perform this procedure, what documents are prepared for this, and also where to apply.
The concept of encumbrance
In the process of obtaining a mortgage loan, a loan agreement is compiled, which indicates that the apartment purchased at the expense of the bank’s money is certainly pledged to this institution. The procedure involves the imposition of an encumbrance in Rosreestr in the process of registering housing for the borrower.
The encumbrance is represented by a certain restriction on the rights of a citizen, therefore, it will not be possible to perform various registration actions with this housing. Owners will not be able to sell it or transfer it to another person on the basis of a gift, and also perform similar actions leading to a change of ownership.
It is due to this restriction that the lender is sure that he will be able to return all the money transferred to the borrower. If money is not transferred within the established time, the bank may file a lawsuit in court, on the basis of which the borrower will lose his property. Housing will be transferred to the bank, so the institution will be able to sell it at auction. This makes it possible to return all previously issued funds.
Removal of encumbrance on a mortgage is permitted only after the debt in the bank has been repaid. Therefore, borrowers try to cope with their obligations as quickly as possible.
Where is it removed?
Removal of encumbrance from the apartment by mortgage is performed in the same way as the imposition of this restriction. The direct procedure is implemented exclusively in Rosreestr, but the process can be completed through various organizations represented by intermediaries. Therefore, you can contact the following institutions:
- directly to the department of Rosreestr, located in every major city;
- It is proposed that the MFC remove the burden of the mortgage, and it is allowed to make an appointment in advance so as not to spend a lot of time on the line
- you can even use the State Services website to submit documents, which greatly simplifies the procedure and also reduces the amount of time that you have to spend on lifting the restriction.
Most often, citizens prefer to contact the MFC, since such centers are always located in high traffic areas. They have many working windows, and due to the possibility of pre-recording, you can come to the appointed time and perform all the necessary actions promptly. But due to the fact that the MFC is an intermediary, the removal of encumbrances on mortgages takes a little longer than when applying directly to Rosreestr.
Process Conditions
To eliminate restrictions on housing, certain requirements must be observed by borrowers. Therefore, the removal of encumbrance from the apartment by mortgage is carried out only under the following conditions:
- the bank submits a corresponding application with a mortgage to Rosreestr;
- a joint application is received from the borrower and a representative of a banking organization;
- the mortgagor independently submits to the registration chamber the necessary documents, which include a correctly prepared application and a mortgage, on which there is a note from the bank that the borrower has fully repaid obligations to the institution;
- if a court decision is made regarding the cancellation of a mortgage loan, for example, if conditions that violate the law are identified in the loan agreement, the borrower must contact the Rosreestr with this document;
- receipt of an application from Rosvoenipoteka to the Rosreestr, if a military mortgage was issued, according to which state funds are used to purchase housing;
- appeal to the registrar of the collector, and registration of the right to the bank takes place automatically if the borrower cannot cope with the loan load, therefore violates the terms of the loan agreement.
The procedure is performed only when the necessary documentation is transferred to Rosreestr or an intermediary organization.
Process methods
Removing a mortgage burden can be done in different ways. These include:
- the bank independently transfers to Rosreestr a statement and a mortgage, for which a representative of the organization is used;
- a joint application is submitted by the borrower and a bank representative;
- a citizen comes to the institution single-handedly, but he must have a mortgage in his hands with a bank mark on the repayment of the debt.
The law requires that the applicant only have a mortgage and a statement with him.
What documents are needed to remove the burden of mortgages?
The procedure for eliminating the restriction is considered quite simple, but this requires some preliminary steps. By law, a citizen is required only two documents:
- correctly drawn up statement containing information on the need to remove the burden;
- the mortgage received by the borrower directly at the bank, and on this document there should be a note that the debt was fully paid by the citizen.
An employee of any institution may require a passport to remove the burden from the apartment on a mortgage. Documents not included in the above list, employees of Rosreestr or MFC are not entitled to demand.
If there is no mark in the mortgage that the debt was actually repaid by the borrower, then such documentation will not be accepted. If the restriction is removed due to the presence of a court decision, then the relevant resolution is included in the documents for removing the burden on the mortgage.
Step-by-step instructions for removing restrictions in Rosreestr or MFC
The procedure is the same when applying to Rosreestr or MFC. To do this, you do not need to perform any specific and complex actions. The most frequently carried out in Rosreestr is the removal of encumbrances on mortgages. Documents are standard, so it does not take long to prepare for the process. It consists of the following steps:
- initially, the borrower must fully repay his debt to the bank, for which timely monthly payments are made or a significant amount is transferred as an early repayment;
- an application is submitted to the bank that a mortgage is issued with a note on the performance by the borrower of all obligations;
- upon receipt of this document, you must make sure that you have the appropriate mark, otherwise you will have to visit the bank and Rosreestr branch several times;
- often, bank employees together with borrowers carry out the process of lifting the restriction, so on the appointed day they come to the Rosreestr branch or the MFC;
- to simplify the procedure pre-recording
- prepared documents are transferred to the selected organization, which include the application of the borrower, as well as the mortgage;
- the citizen must have an identification card with him, as this document is required by the employees of the selected institution;
- the procedure for removing restrictions is carried out within three days;
- at the end of the established period, the burden is removed;
- it is advisable for the borrower to obtain an extract from the USRN, which will indicate that there are no restrictions on the apartment, and he is also the direct owner of this housing.
Only after removing the burden on the mortgage of Sberbank or another institution, the buyer has the right to independently dispose of the property. He can sell it, donate it or perform other operations involving a change of ownership.
The nuances of using public services
Most often, citizens prefer to carry out through the MFC the removal of encumbrances on mortgages. Documents for this process are brought personally to the department of the institution. The procedure does not take more than 5 days.
But many people want to use the Internet to receive numerous government services. Therefore, it is advisable to remove the restriction to use the website of public services. To do this, the following actions are performed:
- You will have to register in advance and log in to the site;
- then you have to wait until all the entered data is verified by the system, and only after identification it is possible to use various public services;
- in the personal account, the most common services are selected;
- they open the territorial office of Rosreestr;
- a service is selected consisting in removing the restriction on existing housing;
- an electronic form is filled out, for which information on the existing apartment, mortgage and direct owner is indicated;
- copies of available documentation are attached to the application;
- all documents are certified by electronic signature.
Under such conditions, it is not even necessary to leave the house to remove the burden. The procedure is quick and easy.
Is the state duty paid?
Information on state duties that have to be paid for obtaining various public services is contained in Art. 333.33 Tax Code. This regulatory act does not contain information on the need to pay a fee for the removal of encumbrances on mortgages. The removal of restrictions by Rosreestr is carried out promptly and free of charge.
Therefore, all property owners are exempt from paying fees when performing this process.
Process timeline
Three working days are spent on lifting the burden as much as possible. It is during this period that the necessary information is entered into the registry. If the procedure is carried out in respect of an apartment purchased on the basis of DDU, then the period is slightly increased, therefore it is spent on removing the burden up to 5 days.
The term begins from the moment when the necessary documents are transferred to the Rosreestr branch. If you use the help of an intermediary provided by the MFC, the period increases by several days. Therefore, if you want to complete the process as quickly as possible, it is advisable to contact the Rosreestr directly.
How to get a notification?
By law, employees of Rosreestr are not required to independently prepare and send notifications to borrowers about the removal of restrictions. Therefore, if a citizen is required to obtain confirmation of the absence of an encumbrance, he will have to use public services.
To do this, you can contact the Rosreestr or the MFC three days after the transfer of the application and the mortgage to find out about the removal of the restriction. For this, an extract from the USRN is ordered. If you just need to get the necessary information, then it is advisable to order this document in electronic form on the website of Rosreestr. In this case, you can get an electronic statement for 300 rubles.
Can I use a power of attorney?
If the borrower cannot independently perform the procedure for various reasons, then he can take the help of a trustee.For this, a power of attorney is compiled competently, notarized.
It is the trustee who will be able to perform all the necessary actions at the Rosreestr or MFC. But in this case, the number of documents transferred to the employee of the selected institution increases. A citizen must carry a power of attorney and a passport.
The power of attorney may be notarized or to perform any one action.
Conclusion
After paying off a mortgage loan, each citizen must take care of removing the burden from the purchased housing. To do this, you can apply with an application and a mortgage to the MFC or Rosreestr, and you can also use the website of the State Services.
You do not have to pay a state fee for removing the burden, and the process is carried out within three days.
