Law, State and Law
How to remove the encumbrance from the apartment after paying off the mortgage?
Owning your own living space is the dream of any person. Fortunately, there is no limit when such an opportunity is obtained, even if you have to pay a mortgage. And when the debt is repaid in full, the question arises as to how to remove the encumbrance from the apartment after repaying the loan.
What are the standard conditions for mortgage lending?
In order to understand this issue, first of all, it is necessary to consider what mortgage loan conditions exist. As a rule, when concluding an agreement with a bank or a third-party financial organization, the apartment is registered as collateral, which is for the bank a guarantee that the borrower will actually fulfill its obligations. Therefore, the person paying the mortgage has limited rights to use the home until the debt is fully paid.
How is the encumbrance of real estate taken off?
Pledged property must necessarily pass the relevant registration in the Unified State Register of Enterprises. In general terms, any mortgage agreement says that all restrictions on operations with mortgage housing will be lifted after 100% of the debt. However, in fact, one repayment is not enough. It must be documented. Then how to remove the encumbrance from the apartment after paying off the mortgage? After debt repayment, new information is introduced with the amendment to the Unified State Register of Enterprises. The owner receives a new certificate, in which he is the sole owner, and a document confirming the removal of the encumbrance. It is important to note that this issue should be dealt with directly by the former borrower.
Are there any difficulties?
Withdrawal of encumbrances from collateral housing is considered a standard procedure, so it was somewhat simplified. To date, all documents can be formalized through the local MFC, but some difficulties still appear. Most often, the complexity arises from the side of the banking institution. The organization must provide an official certificate that the debtor has fully paid the entire amount and the contract was closed. This is a mandatory condition, without which the MFC will not issue a document on the removal of the encumbrance, but the entry in the USRD will not be made.
Procedure for removal of encumbrances
Legislation has long been developed a general form, how to remove the encumbrance from the apartment after paying off the mortgage. Sberbank and financial institutions adhere to this very order. In order to initiate the process, each borrower must provide the following documentation:
- Compiled by the borrower and the creditor application for the removal of mortgage encumbrance of collateral.
Or, as an alternative, the following documents can be accepted for consideration:
- Statement by the owner of the collateral.
- The application of the borrower with the provision of a document, where there is a record of the bank on the repayment of the mortgage obligation.
- Judgment, on the basis of which the mortgage service was terminated.
Military mortgages are granted on special terms, therefore, mandatory removal of the encumbrance takes place on the basis of the application of the state body that provides the possibility of using this program.
In the event that mortgage lending was formalized as a shared construction, then before you remove the encumbrance from the apartment, you must provide an official document from the developer who launched the project in the work.
If we talk about practice, then most often borrowers provide a joint statement with the creditor bank, because you can get such a document as quickly as possible. Alternatively, you can ask the lender for an official form, in which there will be a note on the full payment of the debt. Both these documents are quite sufficient grounds for registration of information in the EGRP.
Unfortunately, the complexity of the procedure is manifested in practice. As a rule, the staff of the USRD requires a number of additional documents from the borrower and refuses to correct the information. In this case, how to remove the encumbrance from the apartment after paying off the mortgage correctly? In order not to lose time for meaningless visits, it is recommended to specify in advance the information from the banking organization or find it in Rosreestr. The organization has every reason to demand from the borrower a passport, all documents under the loan agreement, as well as registration data. In addition, this service is not provided free of charge by the state agency. The average cost of the fee is about 350 rubles.
Where to begin?
Even before the full repayment of the debt, many borrowers are already thinking how to remove the encumbrance from the apartment after paying off the mortgage (Sberbank or another institution). After the last payment of the mortgage debt was made, each borrower must apply to the bank in order to obtain a document confirming that the borrower fulfilled all obligations on its part. Most often, mortgage lending specialists working in a bank are always ready to provide all possible assistance and conduct a qualitative consultation on the procedure for removing the encumbrance. It is better to use it first.
Some banking organizations try to provide a maximum of services, so they can, if requested, independently send all the repayment data for inclusion in the EGRP register.
How to initiate the procedure yourself?
In the event that the bank does not have the opportunity to help its client in providing information to the EGRP, each borrower will have to act independently, based on his own interests. There is some standard instruction that will help to properly organize the entire process and determine the further actions of the borrower.
First of all, before removing the encumbrance from the apartment, it is necessary to apply to the branch of the bank with which the mortgage agreement was concluded and to order a certificate of termination of the contract in connection with the fulfillment of obligations. If for any reason a copy of the contract was lost, then it must also be requested with a note on the full payment.
Further, the borrower writes an application with a request to make changes in the registration record, pays the state fee and collects additional documents in case of such need.
Where to apply?
The first way, which is quite logical - is to apply directly to the Federal Service for State Registration, Cadastre and Cartography. In this case, the initiators should be both parties - a former borrower and a representative of the bank.
The second way is to submit documents by registered mail. In this case, the application with the signature of the parties must be notarized.
The third way is an Internet resource. There you can get background information on how to remove the encumbrance from the apartment after paying off the mortgage. "State services" is the official portal, which was created to simplify the conduct of various operations. It is important to know that to perform this action you must have an electronic signature. Otherwise, the user will only be able to access the service by writing to the electronic queue.
The fourth way is multifunctional centers that provide a wide range of services in a "single window". How to remove the encumbrance from the apartment after paying off the mortgage (Sberbank) through the MFC? To do this, together with the application, you must provide the organization with all the necessary package of documents.
To remove the encumbrance, it is recommended to contact the MFC, since it is here that the entire procedure is performed in the shortest possible time. If this is not possible, then you can directly send an application to Rosreestr. However, it is worthwhile to understand that the consideration of all documents also takes some time. Most often, a decision on this issue is made within three, maximum five working days. The final stage is perhaps the most joyful, since the borrower can only receive an extract from the Unified State Register of Enterprises.
Typical problems
As a rule, problems when changing the registration record are connected with disagreements between the creditor bank and the borrower. More often than not, the bank is unable to prepare all necessary documentation for the client after repayment in a short time, therefore, before removing the encumbrance from the apartment, asks to wait for a month. This may be due to system updates or internal regulations. Also, after receiving the last installment, the bank recheck all payments and conduct reconciliation, which should show the absence of any debt.
It is important to know to each borrower that if an early termination of the mortgage agreement is planned, the bank should be warned about it in a month, so that in the future it is not necessary to overpay and there is no confusion in the documents. In addition, when it becomes possible to pay off debt faster, it is best to visit the bank in person and consult with the employee about further actions.
In connection with the latest events, when many financial institutions are being licensed, many borrowers have a question about how to remove the encumbrance from the apartment after the loan is repaid, if the bank is closed. In any case, the rights and obligations of the institution that has ceased its work are transferred to another organization. In this case, in order to remove the encumbrance, it will be necessary to apply to this bank.
Withdrawal of encumbrance as a mandatory procedure
Withdrawal of encumbrances from mortgage housing is a prerequisite for full-fledged further use. Without entering information in the register of the USRP, the borrower will remain a debtor, so it will not be able to make financial transactions. That is, he can not sell his home or formalize it as an inheritance. Therefore, it is important to know how to remove the encumbrance from the apartment, and correctly draw up all the documents immediately after the debt is closed.
Similar articles
Trending Now