The concept of "mortgage" has long been heard, and we all know its meaning. The cost of housing is constantly growing, so 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 the mortgage Sberbank? What are the risks for buyers and sellers of such housing?
The reasons for the sale of mortgage housing
Mortgage real estate 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 job loss.
- There was a chance to buy property at the best conditions. Thus, the mortgage apartment becomes unnecessary.
- Family circumstances, for example, divorce, marriage, obtaining other real estate by inheritance or as a gift, etc.
How do banks relate to such transactions?
When a home loan borrower loses his solvency, in most cases the only sensible solution is to sell a mortgage apartment and buy a smaller one. To carry out a transaction of this type, you must first obtain the permission of the bank where the housing loan was issued. As a rule, the bank is interested in timely repayment of the mortgage and avoid arrears. Therefore, usually the bank provides assistance in the sale of mortgage real estate in order to prevent possible debt.
Features of the sale of mortgage real estate
Realtors have long known that real estate mortgage accounts for more than 50% of all transactions. To make a deal, you need to 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 that it incurred as a result of issuing loan funds to the borrower, and partially lost profit.
Ways of sale
How to sell an apartment in the mortgage Sberbank? There are 3 ways to make a deal:
- Repayment of a housing loan. The method is suitable only in situations where the conditions of a mortgage loan provides for the possibility of its early repayment. Mortgage will be extinguished from the funds of the buyer of the apartment, for this purpose the seller must enter into a preliminary agreement with him and reassure him to the notary. After that, the buyer, the seller and the bank enter into an agreement on the repayment of the mortgage and the removal of encumbrance. You can sell an apartment only after registering the removal of the charge in the Rosreestr.
- Mortgage sale. Mortgage real estate can be transferred to a third party under a new loan agreement with Sberbank. For this, as in the previous case, the buyer and the seller first conclude and register a preliminary contract between themselves, and then with the bank - a tripartite agreement on changing the borrower. After that, the purchase and sale agreement is made and registered in Rosreestre.
- Reissue of the loan. The method is suitable in cases where there is the possibility of re-registration of the mortgage in the usual consumer credit. To begin with, the seller reissues the loan and then receives consent from Sberbank for the sale of housing. After that, you can proceed to the registration of the contract of sale.
What documents are needed?
Sale of an apartment located in a mortgage involves the collection of:
- title deeds,
- copies of passports of owners,
- passports BTI,
- extracts from the house book,
- copies of the personal account of real estate.
In addition, permission of guardianship authorities may be required if one of the owners is a minor. You will also need an extract from the USRN indicating the current state of the encumbrances and all owners.
The bank may additionally request:
- copy of driver's license
- military ID,
- a certificate from a tuberculosis dispensary (if there are elderly owners).
The order of sale of the apartment, which is in the mortgage of Sberbank, consists of the following steps:
- The buyer of the apartment makes an advance for it to the seller.
- The seller provides the bank with an agreed package of documents.
- The seller invites experts of the appraisal bureau to compile a full report on the apartment
- Preparing a preliminary and main contract, coordinating 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.
- Getting a certificate of registration rights, conducting settlements between the buyer and seller.
Selling an apartment in the mortgage of Sberbank is a rather lengthy procedure, especially when it comes to early repayment of a housing loan. Sberbank does not consider questionable schemes, therefore, it mainly offers to act on the algorithms developed by it. Thus, the sale procedure will be individualized in each case. It is important to note that Sberbank is reluctant to re-register the mortgage in any way.
How to sell an apartment in the mortgage of Sberbank with the parent capital?
If the housing loan was taken under the maternal capital, the transaction will look somewhat more complicated. A child for whom funds were allocated from the state budget must be 3 years old. Only in this case it is possible to sell housing in order to purchase a new one with the proceeds. This may be different, including mortgage, real estate in new buildings, and in the secondary market.
From Sberbank, the seller must obtain permission in writing to sell housing. This document specifies the terms of the transaction (for example, the payment of commission). After that, you can start to pay off current debts and submit documentation to the Federal Registration Service to repay a record of the presence of encumbrances and at the same time re-register property rights. In addition, the apartment can be sold in the presence of encumbrance, while the loan is repaid after the state registration of the contract. Then you can proceed to the withdrawal of the pledge.
If the apartment is less than 3 years in the property
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 must pay income tax. But if you buy a new home of greater value, you can get a tax deduction and return 13%. If a new apartment is purchased at a lower cost, the deduction is not paid.
Apartment for sale with a divorce
Recently, an increasing number of married couples are deciding on a divorce. In this case, the former spouses must share the property acquired in the marriage, but also joint debt obligations. How to sell an apartment in the mortgage Sberbank during a divorce? There are two schemes.
- Mortgage was made out after marriage. Former spouses must sign an additional agreement in the bank to the housing loan agreement. In this situation, banks usually decide to reissue two new loans or rewrite the old one to one borrower. Since the terms of the loan are determined individually, you must first consult with the bank.
- Mortgage was obtained before the entry into marriage of spouses. In this situation, one of the former spouses acts as a borrower. At the same time, housing is not legally considered jointly acquired. Only payments made after the conclusion of a marriage can be classified here. This can be achieved only by a court decision. And in this case, you should consult with an employee of Sberbank.
How to sell an apartment in the mortgage Sberbank through a realtor?
Often, the owners of mortgage apartments who want to sell such housing, attract real estate agencies. How to sell an apartment in the mortgage Sberbank in this case? First you need to find out possible options for selling real estate in the bank. After that, you need to contact the realtor, who will deal directly with finding buyers and collecting the necessary documents for the transaction. For their services, the agency will take a considerable commission, but the sales process will be significantly accelerated. 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 attraction of credit funds are risky, first of all, for the buyer. If the seller turns out to be unfair, the buyer will not be able to buy an apartment with a burden, accordingly he will be denied a loan, and he will not receive the desired apartment. Unfortunately, there are situations when sellers forge documents. In addition, the buyer may be faced with the lack of the necessary documents or their inconsistency with the bank’s requests from the seller to re-register the property. 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 most interested in the success and transparency of the transaction. An important role here is played by such factors as the buyer's solvency, since if this parameter does not meet the requirements of the bank, it will be impossible to re-register the mortgage.
The seller should be careful when settling with the buyer and not get involved in various "gray" schemes of transferring money, which are quite often implemented by fraudsters. Here there is a risk of disrupting the sale. However, if an unscrupulous buyer is identified, it will help the seller avoid serious problems in the future. Remember that fraudsters can be misleading and bank employee. However, the insurance service also participates in the transaction from the bank, whose duty 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 receives a refusal to provide a housing loan.
Sale of mortgage real estate is not uncommon in our time. Situations where the borrower can no longer repay his debt are often encountered. The only reasonable solution is to sell a mortgage. How to sell an apartment bought in the 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 to registration of the transaction. There are two main options - the buyer repays the mortgage or the housing loan is reissued. Another way to re-register a mortgage in a consumer loan. However, mortgage real estate transactions are risky for both buyers and sellers.