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Is it possible to pay off a consumer loan with parent capital? How to repay a loan with parent capital?

Maternity capital is an amazing opportunity for a large family to acquire own housing. This state program allows you to legally acquire a suitable property, using the much-anticipated financial support of the state. But is it possible to pay off a consumer loan with parent capital?

What does the letter of the law say?

According to the current legislation of the Russian Federation, matkapital is regulated by several laws. Thus, this material aid from the state is issued on the basis of the Federal Law No. 265-FZ "On Additional Measures for State Support for Families with Children", according to the Decree of 29.12.06, which refers to the rules for allocating family capital to improve housing conditions. The use of social assistance is controlled by Article 10 265-FZ.

Having studied all the above laws and regulations, it is realistic to determine whether it is possible to pay off the consumer loan with parent capital. And for this it is necessary to know how and where municipal funds can be spent.

On what to spend social assistance?

Based on legislative acts and state regulations, the parent capital (its full amount or part) can be spent for the following purposes:

  • For the purchase of finished or under construction housing;
  • To fulfill the obligations aimed at changing the housing conditions in the direction of their improvement.

In this case, the matkapital can be used as collateral or the first installment for mortgage and other housing loans. However, the accommodation you choose should not only fit you in all parameters, but also be on the territory, and not outside the Russian Federation.

A transaction is made for the purchase of an apartment or other real estate in the common ownership of children, parents and other family members living on the same living space. As you can see, there is no information as to whether it is possible to pay off the consumer loan with parent capital.

What else can you spend money on from the state?

Spend part of the money or the whole amount at once can be for the purpose of a possible increase in the labor pension, namely, its funded part (for the mother of the child). As payment by cashless settlement for the purchase of housing for a Russian family, which has a certificate of family capital.

Also, the matkapital can go to pay for services in the education of children under 25 years old. About whether it is possible to pay off the consumer loan with mother's capital, we'll tell you later.

When the use of matkapitala allowed?

Based on the rules, you can use the money provided for by the matcapital only after the child (for which the certificate is issued) is 3 years old. If in your family a mortgage or another housing loan has already been issued (long before the official certificate is received by you), then there is no need to wait until the child reaches the above-mentioned number of years.

In this case, repayment of a loan or a part thereof is allowed immediately after the issuance of a certificate. At the same time, the smaller the cost of housing issued on credit, the easier it will be to repay the principal amount of the loan and interest at a time. But how to pay off a consumer loan with parent capital? And is there an opportunity to fulfill this intention?

On what it is impossible to spend маткапитал?

State aid can not be spent on personal needs, not related to the acquisition of housing and the improvement of the housing environment for children and their parents. And, strictly speaking, the State Pension Fund will not allow you to do this. You can not spend social assistance for the following needs:

  • To purchase a plot of land;
  • For payment of consumer loans for the purchase of household appliances and other goods;
  • To pay off debts to public utility services ;
  • For the reconstruction of a dwelling house or repair in a room where the family lives;
  • For the purchase of construction equipment and materials required for repair work.

You can not use maternity care to pay for treatment and you are not allowed to take the prescribed amount in cash. At the same time, neither the law nor the government regulations regulating the delivery of state aid mention whether it is possible to repay a consumer loan by mother capital in the Savings Bank or some other financial institution. The answer to this question should be addressed to the representatives of the Pension Fund.

What do Pension Funds say about loans?

If you apply to the representatives of the state pension funds (in the place of residence) on the above question, they will reply to you the following: according to the current legislation, you can not spend money credited to the fund account for paying the consumer loan. This is due to the fact that, as a rule, consumer loans are not issued for specific purposes. Most often these are bank loans for so-called personal needs.

We will repeat. To spend matkapital it is possible exclusively on repayment of target loans. Those. It can be exclusively a mortgage for ready-made or under construction housing. In addition, matkapital can be used instead of the first installment of a housing bank loan. Consumer loans are not related to targeted housing loans, so their repayment using maternity capital is prohibited. But how to repay a consumer loan with parent capital in Sberbank or any other bank, if, without knowing this, you still have issued such a loan?

What if the consumer loan was taken and spent to buy housing?

It happens that, without understanding the law, parents rashly take a consumer loan for the purchase of an apartment in the hope of extinguishing it by means of a loan. However, having learned that this can not be done, they fall into despair. After the birth of the second child, when only one of the adults is working, some are thinking about how to pay off the consumer loan with maternity capital in order to save.

There is a problem with paying loans to matkapitalom. The Pension Fund is very difficult to prove anything, so you have to go to court. When submitting an application, one of the points in Article 10.265 of the Federal Law should be referred to, which says something like the following: maternity capital is allowed to be used for any transactions related to the acquisition of housing. The main condition - they should not contradict the law.

In the court it is necessary to show documents confirming that the loan money was spent on the purchase of housing and it is designed taking into account all members of the family, including children. Those. The interests of the toddlers were also taken into account.

What is the end of the legal proceedings with the civil service?

To resolve a controversial situation with the Pension Fund is possible only by a court decision, and the favorable outcome of the proceedings is likely to be an exception to the rules, and it is not advisable to act according to this scheme.

Therefore, if you do not yet know how to pay off consumer credit with mother's capital and save money, you should not do it in a hurry. Before, consult the specialists of the Pension Fund. Weigh the pros and cons.

Summary: The use of social assistance should not go beyond the law. Otherwise, you run the risk of getting into unjustified debts, spend a lot of nerves and forces, trying to prove your case.

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