Spouse consent to mortgage refinancing. Documents required for mortgage refinancing

When property acquired during marriage is put up for sale, the notarized consent of the spouse is required. It doesn't matter who the owner is.

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There are other requirements when buying a home with a mortgage. In 2005, the obligatory notarial certification of mortgages was abolished.

But some banks put forward these requirements. Therefore, it is worth paying special attention to this item - it contains many nuances.

Features of obtaining a housing loan

When a financial institution requires consent to mortgage lending, this means that the final cost of the transaction will be higher.

Since you need not just a statement with a signature, but a notarized and correctly drawn up document.

In addition, this procedure creates some difficulties for the bank and the client. Consent itself has no legal effect without assurance.

Legislation

The following documents are required:

• passports of each spouse;
• certified copies of work books;
• certificates 2-NDFL;
• Marriage certificate;
• child's birth certificate (if any);
• certified consent of one of the spouses to the transaction.

If at least 1 of the above documents is missing, then the financial institution has the right to refuse to consider the application.

Spouse's consent to a mortgage

A document confirming the spouse's consent to a mortgage loan is required by almost all banks. And this is well justified.

If there is no agreement, then the transaction can be canceled by a court decision.

If necessary?

The consent of the spouse to conclude a loan for the purchase of real estate is necessary. Although this complicates the procedure for obtaining a loan, banks still require this document.

Approval is required for any type of home loan.

The entire procedure can cost a very round sum - up to 2% of the cost of living space.

To conclude an agreement

The conclusion is the deal. Some banks take risks by making a home loan without the consent of one of the spouses.

In the event of a dispute, the financial institution runs the risk that the transaction will fail.

But, if you look objectively, the worst thing will be for the main borrower - they will take away the apartment, it will be necessary to compensate for the costs, penalties to the bank.

Insurance won't cover anything in this case.

On mortgage of an apartment

If the marriage is official, then any transactions with common property require the consent of one of the spouses, regardless of the share.

Therefore, when a loan is taken from existing real estate, then, in addition to a notarized permission for a mortgage object, consent to a mortgage may also be required.

When the purchased apartment is mortgaged, then an additional agreement for this action is not required, everything is prescribed in one.

For the military

It differs from the usual one only in that this type of lending is supported by the state.

However, the consent of the spouse is still required. If the marriage is official, then one of the couple will be a co-borrower.

Sample

The application is written strictly according to the model.

The following information is required:

• Full name of the spouse-main borrower and your own;
• what apartment the couple is going to buy - the exact address.

An important point: it must be indicated that consent is given to transfer the property as collateral to the bank, the name of the financial institution should be indicated.

The number of the loan agreement and the date of conclusion are also indicated.

And there must be a phrase confirming permission to issue a mortgage loan.

Notarization

Without notarization, this consent will be considered invalid. The bank can provide its own notary, but this does not happen everywhere. Therefore, it is worth finding a specialist in advance.

The notary indicates that the consent is certified.

Particular attention should be paid to the fact that information with the specialist's license number must be present, as well as the city.

Is it possible to take without the participation of a husband or wife?

A mortgage loan without the participation of a husband or wife can theoretically be taken, if any. But serious difficulties may arise in the future.

In addition, sometimes lenders refuse to issue a loan, even to those who have an agreement. This is justified by the fact that in the event of a divorce, when dividing property, the judge may not take into account the fact that the mortgage was issued by 1 person without co-borrowers.

As a result, the apartment will be divided. The financial institution sees in this the risks of non-payment of the debt obligation.

Another way is to be not the main borrower, but a co-borrower. But in this case, the property will be issued to another person. Therefore, if it is possible to sign an agreement, then it is better to do so.

There were cases when a loan was issued, but there was no consent. As a result, one of the spouses made claims to the bank.

And this is well justified. After all, everything, including debts, that is acquired during marriage is joint property. In a divorce, they can share an apartment, and, consequently, a mortgage.

If one of the spouses did not give consent to the conclusion of the transaction and there is no marriage contract, then the mortgage loan may be considered invalid.

Are there banks providing loans without consent?

Mortgages are a heavy burden. If a person manages to find a bank that will issue a loan on more favorable terms, it makes sense to refinance to reduce the monthly payment and overpayment for the entire period. This procedure is called mortgage refinancing. It involves closing a loan in one bank and “opening” it in a new one, but on more favorable terms. How to refinance a mortgage, and what difficulties will you face?

Mortgage refinancing - when, why and to whom?

In fact, refinancing is the right of the borrower, which is enshrined in the Mortgage Law (Chapter 7). The legislator clearly indicates that collateral (real estate) can be transferred to secure a loan to another creditor.

Almost every major bank can offer its customers a mortgage loan refinancing program. Since competition in the banking sector is high, mortgage lending products are distinguished by favorable conditions for borrowers.

Persons who have taken out a loan at a high rate, before refinancing a mortgage in a third-party bank, can try to reduce the conditions under the current agreement. It is unprofitable for the bank to lose a conscientious payer, therefore, most likely, it will be possible to reach a consensus. For example, VTB willingly reduces the inflated interest rate to its current customers if they meet certain conditions. If it is not possible to agree, you can safely apply for refinancing to other financial and credit institutions.

When you may need to refinance:

• The borrower cannot secure the loan obligation on the same terms - loss of a job, birth of children, etc. In such a situation, it is worth preparing the ground for refinancing in advance. Write an application to the bank about the changed living conditions and ask to restructure the debt or defer mortgage payments for some time. If you were refused, ask for a change in the terms of the contract (mortgage refinancing).
• A person managed to find a bank that offers a lower loan rate - even a 1.5-3% difference can reduce the monthly payment by several thousand rubles.
• The loan was issued in a foreign currency and, due to the growth in the exchange rate, the payment became too large - you can look for a loan in rubles (VTB24 Bank and Alfa-Bank refinance such obligations - the conditions are individual for the borrower).
• The borrower's financial situation has improved - in such a situation, refinancing will help to significantly reduce the overpayment. This happens both due to favorable interest on the loan, and reducing the loan term. If a decision is made to issue a loan for a shorter period, most banks "encourage" such payers and reduce the mortgage interest by an average of 0.5 - 1%.

Most likely, your bank will "resist" refinancing your mortgage in another financial structure. True, many banks themselves are ready to refinance you so as not to lose a client. How to proceed in this case:

• Write an application to the bank where you have a mortgage with a request to refinance an unfavorable loan. In such a situation, you can save a lot on additional costs, which will be discussed below. An operation within the bank will not require special costs, because the structure has already evaluated the apartment or house, it has all your documents and income statements. In some situations, they may be asked to prove that your situation has worsened - take a new income certificate or provide a tax return for the last reporting period.
• You were refused - it is worth defending your intention. Look for a bank where the interest is lower and provide this information. Still do not agree - we are preparing for refinancing in another bank.

The new lender will carefully check your history, and if it is "doubtful", you should not expect a positive outcome. It will significantly reduce the chance of refinancing at a bank if you have already applied to another bank and were refused there.

Where to apply for a mortgage loan?

First of all, analyze the loan rates offered by banks. If your mortgage is issued, for example, at 16-18%, then it makes sense to contact banks: VTB, UniCredit Bank, Alfa-Bank, Sberbank, MTS Bank, Rosbank, Gazprombank. These structures offer to refinance you at reduced rates - from 9.5% per annum. In cash, this difference is quite significant, and the programs of banks are very flexible. Please note that banks will not give you 100% of the security deposit, but 70-90%.

Refinancing for a new bank is, in fact, opening a new loan. And this means that you will have to go through the whole procedure again to confirm your solvency and more. How it all happens:

• An old contract is provided for analysis by creditors, receipts for payments, a certificate of no debts to the first bank.
• A new contract is concluded in the selected bank.
• The collateral must be insured, and an independent assessment of the property will also be required. Banks have their own accredited experts, so the price of the service can be much higher than that of independent specialists. The life of the borrower is insured.

The first version of events - three parties sign (the old bank, the new bank and the borrower) a tripartite agreement. This document will become a pledge of the second stage, but only on condition that the old lender has agreed to refinancing. The new bank then rolls over the full amount to pay off the mortgage, making sure the funds are used for their intended purpose. After that, the old creditor is obliged to remove the encumbrances from the property in the register of prohibitions and the pledge (apartment, house) must completely pass into the possession of the new creditor. The new bank, in turn, again imposes an encumbrance on the property and becomes the mortgage collateral holder.

If your bank does not agree to refinancing, another scheme is applied:

• The full amount of the mortgage (balance in the old bank) is transferred by bank transfer to the lender.
• The borrower writes an application for early repayment of the mortgage.
• The old creditor removes encumbrances (the procedure lasts 1-2 months).
• The pledge is transferred to a new lender and you are already issued a new mortgage loan on more favorable terms.

But in such a situation, the lending bank must receive a guarantee, a new pledge for a period while the encumbrance is in effect and, in fact, the apartment belongs to the old bank. The collateral may be other property or real estate of the borrower.

There is none - for this period you can increase the interest on the loan by 2-3 points. But Rosselkhozbank is ready to take a risk. It does not require collateral for the time of removal of the encumbrance and does not increase the mortgage rate, the maximum credit limit in this case is 5 million rubles. A package of documents required for collateralized real estate can be submitted to Sberbank after refinancing is approved, but no later than 90 days later.

Remember that in any case you will have to pay for such a “reset”, but if you are offered good conditions, the costs will quickly pay off.

Mortgage broker - when should you use the services?

This is another option for refinancing a bad mortgage. The bottom line is that you don't have to wait until your old mortgage is paid off. A new loan will be issued even before the old one is completely closed. The role of a mortgage broker - he will become a guarantor in front of a new bank for an "unsecured" lending period, as long as there is an encumbrance and it is reflected in the register. We are talking about 1-2 months, during which the old bank will remove restrictions.

Also, the specialist will help in collecting and processing the necessary papers, select profitable offers within the framework of refinancing, promptly resolve emerging disputes, and will independently interact with the bank.

The cost of intermediary services is determined as a percentage of the loan amount. Today, this value averages 1-5% of the transaction price. What's with the benefit? If your monthly payment decreases with a new mortgage by 5000 - 6000 rubles. monthly, it's worth it.

On-lending conditions - documents and costs

You have found a new bank and agreed on the terms with the old one - you will have to go through the long-forgotten mortgage procedure again! And here you can not do without extra costs. What to prepare for:

• New collateral appraisal - as a rule, each bank has its own accredited appraisers. Their services will cost from 3,000 to 10,000 rubles.
• The commission associated with the refinancing of the loan - each bank has its own, on average 1 -1.5% of the mortgage balance. This fee, according to the conditions of a particular bank, may not be.
• Transferring money to another bank by bank transfer - from 1,000 rubles.
• New insurance contract. The amount of the insurance premium directly depends on the size of the loan.
• Payment (state duty) for the removal of encumbrances from the property.
• Certification of the mortgage agreement by a notary - although this rule is not mandatory, many banks require you to go through the procedure.

In addition to the mandatory procedures, it is necessary to submit identification documents, a certificate of income, a copy of the work book, registration documents for an apartment or house, an old mortgage loan.

Mortgage refinancing is a profitable undertaking if you find a bank that offers good interest. True, it is worth remembering that the main condition for successful on-lending is a “clean” history.

The essence of the restructuring of credit debt

The process of restructuring credit debt includes changing the terms of the financial contract. This reduces the client's burden and reduces the amount of the loan payment. The difference between restructuring and refinancing is that the change in the loan terms of the agreement takes place in the original creditor bank. The borrower submits an application for restructuring to the bank that issued the loan.

Reasons for the on-lending process:

• The occurrence of an insured event.
• The emergence of negative situations for the borrower is determined by the inability to pay the loan debt in full.

Changing the terms of credit is the best option for solving customer problems. The banking organization goes towards people, pursuing the following goals:

• The quality of the loan portfolio.
• No litigation.
• Return of credit funds

Credit debt restructuring is available to clients of any age category. Usually, banks welcome the desire of the borrower to correct the negative status in front of the financial structure and continue to repay the loan.

Pros of restructuring

• Registration of a new loan agreement with an increase in the loan term, which reduces the amount of the monthly payment.
• It is possible to provide a new interest rate, lower.
• Availability of a convenient payment schedule.

The actions of the bank to repay the debt in cases where the client does not apply for restructuring, but continues to stubbornly hide from payments:

• Introduction of strict repayment conditions.
• Calculation of penalties.
• Cooperation with collection services.
• Appeal to the court.
• Litigation statistics show that debt relief is rare.

The borrower expects to receive easing conditions from the bank. The following possibilities open up:

• Maintaining a positive credit history.
• No litigation.
• Saving.
• Getting rid of default (minimization of payments according to the schedule of the loan agreement).
• No penalty payments.
• Protection against forced collection of debt on a loan.

The process of on-lending is regulated by normative acts. Registration of documents takes place in accordance with the legislation of the Russian Federation.

Refinancing by type of lending

The work of the banking system includes many types of credit products: consumer lending, trade credit, mortgage, car loans.
For example, the restructuring of a consumer loan: in this case, the terms of the loan agreement are revised. since there is no collateral and guarantors, the conditions for the term of the loan and sometimes the interest rate are usually revised.

Mortgage lending for restructuring is a more time-consuming process. Russian legislation has decided to support mortgage borrowers. This was the reason for the introduction of a special restructuring program, the creation of the “Agency for the Restructuring of Housing Loans for a Separate Category of Debtors” structure. The scheme of work of the Agency:

• Granting a grace period to the borrower.
• The repayment of the mortgage occurs at the expense of the monthly tranche of the company.

The essence of the stabilization loan is to provide the client with support. The loan is provided:

• To pay for mortgage insurance.
• To recover penalties.

This process avoids the loss of property. The client undertakes to improve his financial condition within the grace period.

Restructuring a car loan is carried out using simplified methods. The borrower applies to the bank with an application. The bank offers conditions for on-lending.

The repayment period is extended, sometimes the interest rate is reduced - the restructuring option is available for loyal customers.

For persistent defaulters, more and more often, the bank confiscates the car as a debt - this covers part of the principal debt, and the client pays the rest.

Types of restructuring

Appeal to the bank indicates the desire of the client to repay the loan debt.

There are the following types of restructuring:

1. Loan extension. The essence of this process is characterized by an increase in the term of credit. Reduced monthly payment. The downside of the transaction can be attributed to an increase in the final overpayment on the loan. Preliminary calculations are carried out by a loan officer and agreed with the client.
2. Currency replacement in lending>. An increase in the foreign exchange rate implies an increase in the cost of a loan when it is paid in ruble payments. This option is unfavorable for customers. The transfer to the Russian ruble makes it possible to soften the terms of debt repayment.
3. Credit holidays. The bank provides the client with the opportunity to pay only the body of the loan for a certain period of time. Interest for this period is not accrued or paid, there is no additional overpayment on the loan debt. This option is especially attractive to the borrower. The general provisions of credit holidays are determined by the conditions of specific banking organizations.
4. Lowering the interest rate. The restructuring program, which results in a rate cut, is carried out for customers with a positive credit history.
5. Combination of prolongation and currency exchange. Combining types of restructuring leads to a larger overpayment. the currency is recalculated at the exchange rate of the Central Bank on the date of the conclusion of the new contract. The debt is fixed in a new currency, the interest on the loan is set corresponding to the given currency, the loan term is changed, the TIC is calculated taking into account the new conditions.

Algorithm for changing the terms of credit debt

Restructuring is the best option for solving problems with repayment of a loan, when it is important to reduce the monthly payment to the optimal amount for resuming regular monthly payments.

Procedure for changing credit obligations:

• Collection of necessary documents (citizen's passport, application form, work book, certificates from the place of work, consent of the spouse (a) to change the loan terms).
• Loyalty of the banking organization. The financial structure receives evidence of the bankruptcy of the borrower.

There are a number of conditions under which restructuring is carried out:

• Decreased customer income.
• Loss of an additional source of income.
• Care leave to care for the disabled.
• Conscription.
• Severe illnesses.
• The onset of insured events (death, disability).

The main provisions of the restructuring

The advantage of on-lending is the free implementation of this operation. An exception would be a mortgage loan. This case involves the payment of related costs: notary services, re-registration of the loan agreement. The disadvantage of restructuring is a large final overpayment. This is due to an increase in the loan term and this, of course, is not in favor of the borrower. However, it should be understood that the impossibility of paying the loan under the old conditions arose through the fault of the client. Exception: the occurrence of an insured event. But the undoubted advantage will be a reduction in the monthly payment, which will allow you to pay painlessly and on time. Therefore, loan restructuring is the best solution to problems.

Hello,

With you Dmitry Ovsyannikov and again questions from the forum of the portal "".

A man under the nickname Serggg writes: "Hello. I took a mortgage two years ago secured by existing housing for a new apartment in UralSib, but because Since they closed all their branches in my region this year, I decided to transfer (refinance) the mortgage in Sberbank. I submitted an application to Sberbank, began to collect documents - I was previously agreed on refinancing.
As a result, an employee of Sberbank calls me and says that Sberbank cannot accept an already encumbered apartment on bail and they only need an unencumbered apartment on bail.
Judging by banking practice, the scheme is as simple as "3 kopecks". Sberbank transfers the rest of my debt to UralSib, after that I go to the registration chamber (Justice), remove the encumbrance and immediately burden it in Sberbank.
Tell me, does Sberbank have the right to refuse to provide me with a pledge of a burdened apartment? (I understand that he can, but he must refer to the norm of the law?) ”

Sberbank should not refer to the norm of the Law.
Why?
Because while you are nobody for Sberbank.

Your relationship as a client and the bank begins only from the moment of signing the loan agreement.

Up to this point, yes, you have submitted an application form to Sberbank. But this is, so to speak, a "one-sided deal": you have declared your intention. The bank is reviewing this form. He can, at the stage of study, make any decision: approve a loan for you, refuse: refuse for one reason, refuse for another reason ...

Sberbank, when refinancing (today there is such a program), it insists that the primary creditor bank agree to such refinancing. It is not a fact that Uralsib will agree to the subsequent mortgage of the apartment.
Most likely it won't.

That is, you applied to the wrong bank. In order for you to refinance, you need to apply not to Sberbank, but to some other bank: to the bank where the scheme that you described as “simple as 3 kopecks” is possible. Where the bank issues money and does not require (at some time) a mandatory pledge of an apartment. That is, a pledge of an apartment can happen, but it can happen with a slight delay: in 3, 4, 5 months.

There are such banks.
But this is not Sberbank.

You need to apply to those banks that do not require a subsequent pledge during refinancing: they do not require the provision of documents from the primary lender for a subsequent pledge.

There are such banks, but I don't know if they exist in your region.

Thank you for your attention.

I was with you, Dmitry Ovsyannikov and the project "".
If you have questions about mortgages or real estate, ask them at.

What are the benefits of refinancing a mortgage?

Refinancing is convenient for several reasons:

· Repaying one loan is easier than several: one due date, one payment, one invoice.

· It is cheaper to repay one loan: one monthly payment will be lower than several payments in total

· If you wish, you can receive additional money for personal needs.

How does refinancing work at Sberbank?

In short, refinancing works like this: the bank approves your loan and transfers the money to your account at another bank so that you can pay off your loans. You start paying less on one loan instead of several - make only one payment every month.

Are there any requirements for the mortgage I want to refinance?

Yes, in order for Sberbank to refinance your mortgage, you need to meet several conditions:

· You have no current loan debt.

· You have made payments on time in the past 12 months.

· You have not restructured the loans you want to refinance.

How long after receiving a mortgage in another bank can I refinance it?

You can refinance your mortgage 180 days after the conclusion of the loan agreement and 90 days before its expiration date.

I have maternity capital. Can it be used for refinancing?

Yes, you can. Maternity capital can be spent on a down payment on a mortgage or on early repayment. You can use it partially or completely, and if you wish, add your own funds.

What documents do I need to bring from another bank to refinance my mortgage?

Bring a certificate or statement with information on the refinanced loan. It is important that this document contains the following information:

· loan agreement number in another bank,

· date of conclusion of the loan agreement,

· the validity period of the loan agreement or the repayment period of the loan,

· the amount and currency of the loan,

· interest rate,

· monthly payment,

· payment details of the bank that issued you the mortgage, including details of the account to which Sberbank will transfer the amount to repay your loan.

As a rule, you can get an extract or certificate online in your bank account.

The bank may ask for additional information:

· on the balance of loan debt on a refinanced loan with accrued interest,

· on the presence or absence of current arrears and arrears during the last 12 months.

Can I use my property as collateral?

You can use any property as collateral, except for the one you bought with a mortgage. This may be a dwelling, a non-residential house, a room, a part of an apartment or a dwelling house, or a dwelling with a land plot.

Can I attract guarantors or co-borrowers?

The refinancing program does not imply a guarantee. However, you can attract up to 6 co-borrowers, for example, close relatives. If you have a spouse, he automatically becomes a mandatory co-borrower. An exception is if you have a prenuptial agreement or your spouse does not have Russian citizenship.

How often can you refinance a mortgage?

One mortgage loan can be refinanced once.

Can the interest rate on refinancing change while I pay off the loan?

During the repayment period, the interest rate under your agreement will not change.

What loan amount can I expect?

The Bank always approves the maximum amount that can be disbursed to the borrower and co-borrowers indicated in the questionnaire. However, the loan amount cannot exceed 85% of the value of the property you have chosen.

I was denied a loan. Why? What to do?

The bank does not explain the reasons for the refusal, as this would lead to the disclosure of the borrower evaluation system, which is a trade secret. There are potentially about twenty parameters of the borrower and co-borrowers that this system can rely on.

If the bank has refused you, you can apply for a loan again after the period specified in the accompanying text of the refusal. In some cases, you can reapply right away.

How to increase the chances of obtaining a mortgage with a small official salary?

For example, you can apply for a loan with a certificate in the form of a bank instead of a 2-NDFL certificate. An income statement in the form of a bank is an alternative document that is accepted by the bank as proof of the borrower's income, but in which additional earnings can be taken into account.

I am an aged person, will they give me a mortgage?

You can take out a mortgage for up to the age of 75. For example, if you are 65 years old, you can take out a mortgage for 10 years.

If I receive a salary on a Sberbank card?

Payroll customers of Sberbank, depending on other lending conditions, may receive additional benefits. At the same time, the benefits are available if any of the co-borrowers is a payroll client.

· If in the last two months you have had at least one salary transfer to a Sberbank card or account, you can get a discount on the rate.

· If you had salary credits to the card (account) of Sberbank for at least 4 months out of the last 6 months, you do not need to additionally upload an income statement and a copy of the work book.

How can I find out the overpayment on my future loan?

You can see the amount of the overpayment by registering in your personal account. After registration, click on the calculation panel and you will see the overpayment diagram in the calculator.

Is it profitable to buy a borrower's life and health insurance policy?

Life and health insurance in the insurance company LLC IC Sberbank Life Insurance or other companies accredited by Sberbank allows you to reduce the loan rate by 1%.

Considering the purchase of the policy, you will actually save about 0.5 percentage points on the rate. In addition to saving on the rate, the policy fulfills its immediate task - the insurance company will pay the bank the balance of the debt on your mortgage loan in the event of an insured event (disability or death).

I am a citizen of another country, can I get a mortgage?

Mortgages in Sberbank are issued only to citizens of Russia.

Who can be a co-borrower?

Most often, co-borrowers are relatives of the main borrower - spouse, parents, children, brothers and sisters. In total, you can attract up to 6 co-borrowers. If you are married, your spouse must be a mandatory co-borrower. Exceptions are possible if a marriage contract has been concluded between the spouses.

How to use maternity capital in favor of a mortgage?

You can use maternity capital funds in whole or in part as a down payment when obtaining a mortgage. You can use only maternity capital or the sum of maternity capital and own funds. For the minimum amount of the initial contribution, we recommend that you focus on the DomClick calculator.

When using maternity capital funds, it is important to agree with the seller on the procedure and deadline for receiving maternity capital funds, since this amount is not transferred from the Pension Fund immediately.

What are the additional costs associated with obtaining a mortgage?

Depending on the type of property and the selected set of services, when applying for a loan, you will need to pay:

· Evaluation report – from 2,000₽ depending on the region and appraisal company (required for valuation of the collateral object);

· Insurance of the collateral object (for the purchased apartment) - directly depends on the size of the loan;

· Life and health insurance of the borrower (not mandatory, but reduces the loan rate) - directly depends on the size of the loan;

· State duty for registering a transaction in Rosreestr - 2,000₽ at independent registration or 1 400 ₽ for electronic registration Istration (is an additional service and is paid separately);

· Renting a bank cell and paying for access to it (when buying a second home for cash) or paying for a secure payment service - from 2,000₽ .

The cost of services is approximate. Check the exact cost on the websites of the respective services.

Which is better: new building or resale?

As a rule, an apartment or apartments in a new building are bought directly from the developer, while a resale property is bought from the previous owner.

No one lived in a new building before you, the price per square meter is less than that of an apartment of the same class in a secondary building, there are promotions from developers, more modern layouts, however, you will not be able to quickly register at the place of residence, the elevator and gas will not be turned on until the majority of residents will not move in, most likely, they will have to wait for the development of infrastructure and the completion of repairs at the neighbors.

As a rule, you can enter the secondary housing and register immediately after the purchase, the infrastructure around is already developed, however, most likely you will have to be content with a typical layout, worn-out communications, and you will need to check the legal purity of the property and the participants in the transaction.

What is the processing time for a loan application?

Consideration of the application does not exceed two days, but most clients receive approval on the day of application.

How is the process of obtaining a mortgage at Sberbank through DomClick?

Depending on the type of property and other parameters, the process of obtaining a mortgage may differ.

However, the first step is the same for everyone - applying for a loan. To apply, calculate the loan on the DomClick calculator, register on the site, fill out the form and attach the necessary documents. Consideration of the application does not exceed two days, but most clients receive approval on the day of application.

If you have not yet chosen a property, you can start doing it immediately after receiving approval from the bank, when you know the maximum loan amount for you.

When the property is selected, upload the necessary documents in the DomClick office.

Within 3-5 days you will be informed about the approval of the property you have chosen. You can choose a convenient date for the transaction, which is carried out at the Sberbank Mortgage Lending Center.

The last stage is the registration of the transaction in Rosreestr. Congratulations, you're all set!

Why register on DomClick?

After registration, you will have access to the help of a consultant in the chat and the borrower's questionnaire. Registration allows you to save your data so that you can return to filling out the application at any time. After receiving approval for a loan in the personal account of the borrower, you will be able to communicate with your manager, send documents to the bank online and receive the services necessary to obtain a mortgage.

How do I find out the decision of the bank?

Immediately after consideration of your application, you will receive an SMS with the decision of the bank. A bank employee will also call you.

Theoretically, this is possible, but if there are disputes, the transaction may be canceled.

What is mortgage consent?

All property acquired during the marriage will be divided equally in the event of a divorce. This also applies to debts. Accordingly, if one of the spouses takes out a mortgage, and then a divorce occurs, then the second spouse will need to pay half of the debt.

That is why notarized consent of the spouse to purchase real estate in a mortgage must be issued. This form gives an additional guarantee to the bank. The transaction becomes more secure, as there is evidence of the absence of fraudulent actions on the part of one of the spouses.

With a mortgage, persons who are officially married become co-borrowers. That is, the bank has a guarantee that the debt will be paid. But in the absence of consent from the second spouse, such a transaction may be declared invalid. Then the bank will not be able to demand the return of the debt from the second party.

Consent is required for both buying and selling a home.. The document must be certified by a notary. Forms that are simply signed by both parties have no legal significance. Legal notes are required.

In what cases may be required?

Legislatively Mortgage consent is always required. Article 35 of the Family Code states that all transactions requiring state registration must be notarized.

Reference! A mortgage loan, just belongs to the category of procedures that require registration. Accordingly, it is necessary to provide a notarized consent to complete the transaction.

In addition, Article 7 of the Law “On Mortgage” states that the consent of all owners is required to complete a transaction.

Article 7 of the Federal Law No. 102 "On Mortgage (Pledge of Real Estate)". Mortgage of common property

1. A mortgage can be established on property that is in common joint ownership (without determining the share of each of the owners in the ownership right) with the consent of all owners. Consent must be given in writing, unless otherwise provided by federal law.
2. A participant in common shared ownership may pledge his share in the right to common property without the consent of other owners.

   If, at the request of the pledgee, foreclosure is applied to this share during its sale, the rules of articles and the Civil Code of the Russian Federation on the pre-emptive right of purchase belonging to other owners and on foreclosure on a share in the right of common ownership are applied, except for cases of foreclosure on a share in the ownership right to common property of a residential building () in connection with foreclosure on an apartment in this building.

Thus, the document is required in all cases when taking a mortgage.

There is one exception. If the spouses have a prenuptial agreement, which indicates cases when consent is not required, then it is not necessary to provide it. A marriage contract can be drawn up before marriage or during the process of cohabitation.

What items does it consist of?

The form can be taken at any notary's office or from a lawyer. You can also fill it out yourself by downloading a sample from open sources. The main thing is then to assure him.

The form must contain information:

1. About spouses. Their passport data, registration, date of birth.
2. On the object of lending and collateral. Be sure to indicate the address of the purchased apartment. If other property acts as a pledge, then it must be indicated that the second spouse is not against such a pledge.
3. about the loan agreement. Its number, date of signing.
4. About what consent is given. That is, the form must clearly spell out the phrase that confirms the consent of the second spouse.
5. About the notary. Marks always come after the main "body" of the document.

There are no special content requirements. The lawyer will check the data and put his signature and seal. Then the responsibility for the correct writing of the form falls on his shoulders.

The lawyer will need:

• Passports of both spouses.
• Marriage certificate.

Permission to sell the apartment if the owner is a wife

When selling a mortgage apartment, the family will receive a large amount of money, but at the same time they will lose one property. To bypass such a fact and not inform the spouse is wrong from a legal point of view.

That's why consent to the sale of a mortgage apartment is required. It doesn't matter who is the owner. According to the loan, the spouses are co-borrowers, therefore, they must pay the debt jointly. Consent will be required in any case.

If the apartment was purchased out of wedlock, the second spouse is not a co-borrower, then only the owner can dispose of the apartment. He doesn't need any consent. Such property is considered personal, therefore, the owner can dispose of it at his discretion.

If there is a marriage contract, consent may not be required. If it contains the conditions for the sale of an apartment, then consent is not needed. But banks are wary of such deals. They do not consider them safe, because if there are disputes, the terms of the contract may not be taken into account.

Is it necessary to draw up for the purchase of real estate by one of the spouses?

In a formal marriage, you cannot acquire personal property. Everything that is bought by one will be considered common, jointly acquired property. Therefore, when buying an apartment, the consent of the second spouse is also required.

Important! With a mortgage loan, the debt to the bank is measured in millions of rubles. The second spouse must know and agree to such a procedure. Therefore, banks are increasingly requiring a mandatory form certified by a lawyer.

Even if the husband takes out a mortgage, and his personal property acts as collateral, the consent of the wife is required. Since she will act as a co-borrower on the loan. And if her husband is unable to pay the debt, she will have to pay it. That is why it is impossible to make a purchase without such a form.

Where to get a notarial document?

You can fill out such a form yourself or contact a notary. When self-filling, you must carefully enter passport data, addresses and dates. After filling, you need to contact a notary company to certify the form.

If you contact the notary directly, then he will take over the filling. At the same time, the client has a guarantee of a correctly completed document. In case of error, the lawyer will bear the responsibility himself. Will reissue the document for free.

Uncertified forms have no legal force.

How much does the compilation process cost?

How much do notary services cost? The price depends on the specific specialist and the company to which the client applies. They set the price at their discretion. Usually the price starts from 1000 rubles in the regions and from 1500 rubles in large regional centers.

If the document is completed independently, the cost will be lower.

Is it possible to take out a home loan without the permission of the other half?

From a legal point of view, this is impossible. The form must be attached to the main package of documents when applying for a loan. But some banks make concessions to customers without requiring such a document.

Reference! In the event of a dispute, the borrower will be in the most disadvantageous position. He will have to pay the costs of litigation, penalties to the bank.

There is only one legal option for buying an apartment on a mortgage without the consent of the second half - a marriage contract. It usually specifies the rules of property relations.

If the contract contains an indication that the spouses can purchase and sell housing at their discretion, then consent to the bank is not required.

Consent to a mortgage is an important and necessary document. Its design will not take much time and money. Without this form, it is almost impossible to get a mortgage.