Withdrawal of the burden on Sberbank's mortgage: documents, terms, reviews

Clients of banks know that with the registration of a mortgage they become owners of their own living space, purchased for credit money, but the real estate is encumbered. The owner of the housing will be a borrower, but not all transactions with it can be carried out without a bank. After the payment of the debt, the encumbrance of the mortgage is removed. Sberbank, like other institutions, proposes to conduct this procedure competently.

Last payment

Paying for a mortgage is difficult. It is necessary to remember the date of payment, so as not to be listed in the list of delinquents. But after long payments, the day of the last installment is still coming. After that, it's too early to relax. To become a full owner of real estate, it is necessary to remove the burden on the mortgage. Sberbank under this procedure is not much different from other credit institutions.

The concept of

Encumbrance involves a set of conditions that limit the actions of the owner of real estate. For example, you can not sell an apartment, make an exchange, redevelop, or register a relative. It will work out, but only with the written permission of the bank, which is considered a pledgee. What transactions to commit are prohibited, is spelled out in the contract.

Even making the last payment does not automatically remove restrictions from the living space. Withdrawal of encumbrances from an apartment on a mortgage is not performed by Sberbank on its own. For this, the client should apply to the registration authority with a statement. What documents are required, should be specified in Rosreestr. If the encumbrance is not lifted in time, it becomes the cause of difficulties in the future. For example, when selling real estate, many may not agree to buy such a home.

Documentation

The procedure for removing the encumbrance from an apartment on a mortgage in the Savings Bank is carried out according to established rules. When making the last payment in the bank, you need to take a certificate of absence of debt. It is provided after 3 days and free of charge. This document is not obligatory, but it is better to have it. There are cases when with incorrect calculations in the account there are kopecks of debt. Then they are charged with penalties, fines, because of what the customer can become a delay.

Accepts documents for the removal of encumbrances on the mortgage Rosreestr. Sberbank will provide a certificate of absence of debt. It is necessary to collect the following documents:

1. A letter from the bank confirming the absence of performance of obligations under the contract. Sometimes an extract of the loan account must be submitted to him.
2. Statement of the parties signed and certified by the bank's employees. His sample can be obtained at the bank or the Registration Chamber.
3. Mortgage agreement with its copy.
4. Original and a copy of the mortgage, which indicates the performance of obligations, as well as the maturity date.
5. Passports of persons indicated in the certificate of ownership. They must be present at the time of application.
6. Certificate of ownership.
7. Confirmation of payment of state duty.
8. The court decision, if the mortgage agreement ceased to operate on its basis.

The exact list of documents can be found in the registration authority at the place of residence. The requirements differ in each region. Performs the removal of the encumbrance on the mortgage Rosreestr. Documents Sberbank offers to hand over immediately after paying the debt, so that the procedure was completed in time.

Statement

An important step is to write an application. It identifies such information as:

• Personal information about the owner;
• The name, requisites;
• Credit data;
• Information on the absence of mutual obligations;
• Request for the removal of the encumbrance.

Make a statement on sheet A4.

Variants of submission of documents

Where is the removal of the burden on the mortgage? Sberbank offers customers to contact the Rosreestr. Only you can do it in several ways. A standard option is a personal appeal to the Federal Service for State Registration. In this case, there are no intermediaries, the actions are carried out personally by the client or representatives of the bank.

You can send the documentation by mail in a valuable letter. Signatures on applications are certified by a notary, but the letter itself is sent with a list of attachments and a notice of delivery. But this option will take a lot of time - a visit to the notary, sending the departure. But still receive new testimonies personally.

Can perform the removal of the encumbrance on the mortgage of Sberbank in the MFC. Such organizations operate in many cities, carrying out various public services. At first, the centers were created to simplify the procedure for filing various applications and shorten the terms of execution. But in practice, everything does not look exactly like that. The terms of execution were increased due to the fact that the courier deals with transportation of documents.

It is possible and in another way to carry out the removal of the encumbrance on the mortgage. Sberbank suggests using a convenient option - via the Internet. It is necessary to apply through the site of the State Service.

Still there is an opportunity to carry out the procedure with the help of realtors and agencies that perform such services. They will do all the work, only it will not be free.

Appeal to the court

Sometimes the removal of the encumbrance can not be performed with the consent of the pledgee, and therefore everything is carried out through the court. This will be the case if:

• The bank was closed;
• The occupant disappeared;
• The employer does not wish to relieve the encumbrance voluntarily;
• The borrower passed away.

In these cases, you need to provide the court with a contract, checks, documents on inheritance. Then the procedure will last longer. This will go to file a lawsuit in court, and then a meeting will be scheduled. If the court makes a positive decision, you need to wait for its entry into force. Then an application is filed with the Registration Chamber for the removal of the encumbrance and the decision of the court.

Order of procedure

The procedure for removing the encumbrance of a mortgage in the Savings Bank is based on the following stages:

1. Receipt of documents in the bank. You need to take the originals and make the necessary copies.
2. Payment of state duty.
3. Record in the electronic queue Rosreestra.
4. Meeting with a bank employee, giving him an application for lifting the encumbrance.
5. Receipt of a receipt from the registrar regarding the receipt of documents.
6. On the appointed date, you need to visit the Registration Chamber and receive documents on the removal of the encumbrance.

How long does it take to remove the burden on the mortgage in Sberbank? The testimonies indicate that it takes about a month, but it may take two. This procedure should be followed immediately after the repayment of the debt, because then in the future there will be no difficulties with real estate transactions. The procedure for removing the encumbrance on a mortgage in Sberbank is the same as in other organizations.

Timing

It is important to timely execute the removal of the encumbrance on the mortgage in the Savings Bank. The deadline is set for the compulsory passing of the procedure. It is advisable to contact the bank one month before the scheduled closing of the contract. This time is enough for recalculations, registration of the necessary package of documents and the rest of the work.

When the settlement took place and the papers were filed with the Rosreestr, then after that 3 days are issued for making entries on the mortgage payment. Therefore, there can not be delays. This applies to cases where the procedure is performed by the borrower independently. Notify us with a statement in the EGRP.

If you do not take any steps, but simply apply to the bank, you will have to wait 45 days until the encumbrance is withdrawn from the former borrower. In an automatic manner, it is withdrawn after the expiration of the mortgage, Rosreestor's agreements with the bank and making a decision.

This may take about 3 months. Therefore, if the application is not submitted by either the bank representative or the client himself, the automatic cancellation of the encumbrance takes place within 3 months.

For 3 years former borrowers need to keep extracts, receipts for payments and other documents related to the bank. This is the statute of limitations, which must be waited and not destroyed documentation on the mortgage. After the amendment by Rosreestr, the client can create in this body legal documents for the purchased housing, where there will be a bank mark. But this service is paid - you should pay the state fee.

Sale of property

It is important to know how to properly sell a house, if it is still under a bank charge. This happens when the borrower does not have funds or has difficulties with paying the mortgage, because of which the mortgage becomes the property of the bank. To pay a loan, real estate must be sold, and the funds used to pay for debt. The client has some of the money left.

Independently to carry out sale of the real estate it will be difficult, as the bank supervises all transactions which the borrower tries to execute with the lien. In addition, for the sale, it is important that the object is not burdened. Therefore, the transaction can be executed with the permission of the bank itself.

The buyer needs to take a certificate from the Unified State Register of Trade Unions about the amount of the mortgage debt. It is required in order to know how much is left to pay the loan. In practice, the removal of the encumbrance takes about 2 months. But banks can delay the time. The procedure itself is not complicated, you just have to go through it in a timely manner.

Dispute resolution

Usually it takes more time to remove the encumbrance than to make a mortgage. The reason for this is a thorough check by credit officers of whether everything was paid by borrowers. But this may be due to technical measures that provide for monitoring and amending the Register of Rights.

Quite often, there are also such situations that after 2 months after the contract is closed, an alert is received about the need to pay certain amounts. If this happened, you need to apply to the bank with a certificate of payment of the debt. It can only be a technical error or human inattention.

Penalty Charge

There are also such situations when the client did not make a timely payment, and a penalty appeared, which was not paid. Such cases are often, so they need to be ready. If the bank legally charged the debt, it is best to pay it, closing the mortgage completely. There are customers who argue on such occasions, refusing to pay. Then the bank goes to court, which makes a decision in its favor. And the client only needs to pay the assigned amount.

When the encumbrance is lifted, the owner of the real estate becomes its full owner. Therefore, he can make various transactions, for example, sale, exchange, leasing. And everything will be done legally.