The concept of "mortgage" has long been heard, and everyone knows its significance. The cost of housing is constantly growing, so the mortgage is one of the most reasonable ways to solve the housing problem. However, there are situations when a mortgage apartment needs to be sold. How to sell an apartment in a Savings Bank mortgage? What are the risks for buyers and sellers of such housing?
Reasons for selling a mortgage home
Mortgage properties can be sold for the following reasons:
- Owners of a mortgage apartment can no longer pay for it for various reasons, for example, as a result of losing a job.
- There was a chance to buy real estate on better terms. Thus, a mortgage apartment becomes unnecessary.
- Family circumstances, for example, divorce, marriage, obtaining other real estate by inheritance or as a gift, etc.
How do banks treat such transactions?
When the borrower of the housing loan loses its solvency, in most cases the only reasonable solution is to sell a mortgage apartment and buy a smaller one in size. To conduct a transaction of this type, you must first obtain the permission of the bank, where the housing loan was registered. As a rule, the bank is interested in timely repayment of the mortgage and avoidance of delinquencies. Therefore, usually the bank assists in the sale of mortgage property in order to prevent possible debts.
Features of mortgage property sales
Realtors have long known that transactions with real estate mortgage account for more than 50% of all transactions. To conduct a transaction, you need to obtain permission from the credit institution, in our case, Sberbank of Russia. At the same time, the bank will have to reimburse fully the costs it incurred as a result of issuing loan funds to the borrower, and partially lost profits.
Methods of sale
How to sell an apartment in a Savings Bank mortgage? There are 3 ways of making a deal:
- Repayment of housing loans. The method is suitable only in situations where the conditions of a mortgage loan provide for the possibility of its early repayment. Mortgage will be extinguished from the means of the buyer of the apartment, for this purpose, the seller must conclude a preliminary contract with him and notarize him. After this, the buyer, the seller and the bank enter into a contract for the repayment of the mortgage and the removal of the encumbrance. You can sell an apartment only after registering the removal of the encumbrance in Rosreestr.
- Sale of mortgage. The mortgage property can be transferred to a third party under a new loan agreement with Sberbank. To this end, as in the previous case, the buyer and the seller first enter into and register a preliminary contract with each other, and then with the bank, a tripartite agreement on the change of the borrower. After this, a contract of sale is drawn up and registered with Rosreestr.
- Renovation of the loan. The method is suitable in cases where there is the possibility of re-registration of a mortgage in a normal consumer loan. To begin with, the seller re-signs the loan, and then receives consent from Sberbank for the sale of housing. After this, you can proceed with the registration of the contract of sale.
What documents will be needed?
The sale of an apartment in a mortgage involves the collection of:
- title papers,
- copies of passports of owners,
- passports BTI,
- extracts from the house book,
- copies of the personal account of the real estate.
In addition, the permission of the guardianship authorities may be required if one of the owners is an underage person. Also need an extract from EGRN indicating the current status of encumbrances and all owners.
The Bank is entitled to additionally request:
- a copy of the driver's license,
- military ID,
- a certificate from the TB dispensary (if there are elderly owners).
The procedure for selling an apartment, which is in the mortgage of Sberbank, consists of the following stages:
- The buyer of the apartment makes an advance payment for it to the seller.
- The seller provides an agreed package of documents to the bank.
- The seller invites experts of the evaluation bureau to compile a complete report on the apartment.
- Preparation of preliminary and main contract, coordination of the procedure for selling a mortgage apartment with Sberbank.
- Signing agreements.
- Registration of a pledge for an apartment in a bank, removal of encumbrance, state registration of a contract and property rights.
- Receipt of a certificate of registration of the right, the conduct of mutual settlements between the buyer and the seller.
Selling an apartment in a Savings Bank mortgage - the procedure is quite long, especially if it is an early repayment of housing loans. Sberbank does not consider questionable schemes, so basically offers to act on algorithms developed by it. Thus, the sale procedure will be individual in each case. It is important to note that Sberbank is reluctant to reissue the mortgage in any way.
How to sell an apartment in a Sberbank mortgage with parent capital?
If the housing loan has been taken under the 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 it is possible to sell housing in order to purchase new money for the proceeds. It can be like the other, including mortgage, real estate in new buildings, and in the secondary market.
From Sberbank, the seller needs to obtain permission in writing for the sale of housing. This document specifies the conditions for the transaction (for example, payment of a commission). After that, you can start repaying the current debt and submit the documentation to Rosreestr to pay off the record of encumbrance and at the same time to re-register the property right. In addition, the apartment can be sold if there is an encumbrance, with the loan being repaid after the state registration of the contract. Then you can proceed with the withdrawal of the deposit.
If the apartment is less than 3 years in ownership
The procedure for selling an apartment that is in ownership less than 3 years, does not differ from the above algorithm. The only difference is that the seller needs to pay income tax. But if you buy a new housing of greater value, you can get a tax deduction and return 13%. If a new apartment of less value is purchased, no deduction is paid.
Sale of an apartment in a divorce
In recent years, an increasing number of couples have decided to divorce. In this case, the former spouses must share the property acquired in marriage, but also joint debt obligations. How to sell an apartment in a Savings Bank mortgage in a divorce? There are two schemes.
- Mortgage was made after marriage. Former spouses must sign an additional agreement in the bank to the housing loan agreement. In this situation, banks usually decide to re-arrange two new loans or re-write the previous one for one borrower. Since the terms of the loan are determined individually, it is necessary to consult the bank in advance.
- The mortgage was received before the spouses entered into a legal marriage. In this situation, one of the former spouses acts as a loan lender. At the same time, housing is not legally considered jointly acquired. The section here can be subject only to payments made after the marriage. This can be achieved only by a court decision. And in this case it is necessary to consult with the employee of the Savings Bank.
How to sell an apartment in a Savings Bank mortgage through a realtor?
Often, owners of mortgage apartments who want to sell such a home, attract real estate agencies. How to sell an apartment in a Savings Bank mortgage in this case? First you need to find out the possible options for selling real estate in the bank. After that, you need to contact the realtor, who will deal directly with the search for buyers and collecting the necessary documents for the transaction. For its services, the agency will take a considerable commission, but the process of selling is much faster. The method of selling a mortgage 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
Operations with real estate acquired with the involvement of credit funds are risky, primarily for the buyer. If the seller turns out to be dishonest, the buyer will not be able to purchase an apartment with encumbrance, accordingly, he will be refused a loan, and he will not receive the desired apartment. Unfortunately, there are situations when sellers forge documents. In addition, the buyer may encounter a 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
Recall that the procedure for selling a mortgage apartment is fully controlled by the banking institution at all its stages. The bank is the most interested in the success and transparency of the transaction. An important role here is played by such factor as buyer's solvency, since if this parameter does not meet the requirements of the bank, it will be impossible to renew the mortgage.
The seller should be careful when making mutual payments with the buyer and not get involved in various "gray" schemes of money transfer, which are often implemented by scammers. There is a risk of disruption of sales. However, if an unscrupulous buyer is still identified, it will help to avoid the seller of serious problems in the future. Remember that scammers can mislead a bank employee. However, in the transaction on the part of the bank, the insurance service also participates, whose duty is also to check the legality and legality of the transaction. The shadow scheme will thus be disclosed.
In this regard, the biggest risk for the seller is a waste of time in the event that the buyer receives a refusal to provide housing loans.
Sale of real estate is not uncommon nowadays. Situations where the borrower can no longer repay its debt, are often encountered. The only reasonable solution is the sale of mortgage housing. How to sell an apartment bought in a mortgage Sberbank? First of all, you should get consent from the credit organization to sell such an apartment and find a buyer. After that, you can proceed with the transaction. There are two main options: the buyer repays the mortgage or the housing loan is renewed. Another way to re-register a mortgage in consumer credit. However, operations with mortgage real estate are risky for both buyers and sellers.