Mortgage for a share in an apartment in Sberbank in 2021 - conditions, stages of registration, preferential conditions and nuances

The problem of buying a home never loses its relevance. At the same time, the cost per square meter, especially in large cities, sometimes becomes completely prohibitive for potential buyers. In such a situation, many begin to wonder: is it possible to take out a mortgage for only part of the living space? Legislation regarding lending to individuals is constantly changing, and if previously it was possible to purchase only a house or apartment with a mortgage, now a mortgage is available for a room or a share in an apartment. There are many subtleties to such lending. Let's look at them.

What are the types of shared ownership?

According to the law, shared real estate has two types:

1. Shared ownership is an option in which several people are considered home owners and their share is expressed not in square meters, but as a percentage. For example, each member of a family of 4 owns ¼ of the house.
2. Private property is a type defined by specific dimensions expressed in square meters. m. The owner of the house has the right to use only the square meters allocated to him. A good example is a communal apartment.

Does Sberbank issue mortgage loans for real estate shares?

Not all banking institutions provide loans for the purchase of part of the property. Sberbank is ready to take a similar risk, but with extreme caution.

When applying for a mortgage, the collateral is not the whole apartment, but only its share, which is why its liquidity is quite low. As a result, implementation difficulties may arise. If a loan is issued for a share in a communal apartment, then the year of construction and general condition are taken into account. In most cases, such housing is quite dilapidated and in disrepair, so it is not accepted as collateral.

Important! When purchasing a share in a dormitory or communal apartment, it is necessary to obtain the consent of all neighbors and the ownership rights of the seller.

In the case of an apartment, some difficulties arise. The bank cannot issue a mortgage for the entire apartment, since there are several owners of shares. In such a situation, the borrower must obtain consent to impose an encumbrance on the entire living space, otherwise the loan will be denied.

How to register shared ownership of an apartment with a mortgage

After settling financial issues and concluding a purchase and sale agreement, it is necessary to register the acquired ownership of a share in the apartment.

Procedure

The parties should collect the necessary documents, attach statements to them and submit everything to the Rostestre office at the location of the property.

After which the ownership will be registered according to the established procedure:

1. A Rosreestr employee will accept the package of documents and give the applicants a corresponding receipt.
2. The registrar will check the papers for authenticity.
3. If circumstances are identified that impede the registration of property rights, the procedure will be denied; you will find out the reasons for the refusal when you visit Rosreestr.
4. If everything is in order with the documents, the necessary changes will be made to the register and applicants will be issued extracts from the Unified State Register with updated data.

This process will take no more than 14 calendar days from the date of application. When to come to receive documents will be indicated on the receipt.

Required documents

To register ownership of a share in a mortgaged apartment, the following documents will be required:

• buyer's passport;
• seller's passport;
• one application each from the seller and the buyer (drawed up and signed at Rosreest in the presence of a registrar employee);
• a receipt confirming payment of the state fee;
• contract of sale;
• a document confirming the seller’s ownership of a share in the apartment;
• a collateral agreement with a banking institution, which is the basis for registering an encumbrance on housing;
• cadastral documentation;
• extract from the house/apartment register;

Additional documents:

• if there are minors among the owners of the alienated housing, consent to the guardianship and trusteeship transaction will be required;
• if the share in the apartment is property acquired jointly during marriage, the written, notarized consent of the second spouse will be required.

Step by step procedure

In order to officially register ownership of housing purchased with a mortgage, you must follow the following algorithm:

New building

Purchasing shares in new buildings that have not yet been put into operation with a mortgage is somewhat different from purchasing the rest of the housing. Instead of purchase and sale agreements, in this case agreements on participation in shared construction are concluded. In this connection, registration of ownership of such housing can only be carried out after construction is completed.

After which the participant in shared construction will be able to choose: to deal with the documents themselves or to entrust this to the developer. In the second case, you will avoid going through the authorities, but be prepared that the registration may take a long time. Since there are many shareholders, applications are submitted en masse.

If you want to independently register ownership of mortgaged housing in a new building, you will need to provide the following documents to Rosreestr:

• a certified copy of the protocol on how the residential space and commercial zone are distributed;
• registration certificate for the house from BTI;
• a certificate stating that the municipality has authorized the commissioning of the facility;
• A certified copy of the transfer deed issued by the state architectural and construction organization;
• cadastral documentation for the house;
• a document stating that the building has been assigned a postal address and index.

You can obtain all these papers from the developer.

They will need to be accompanied by:

• agreement on participation in shared construction;
• loan agreement;
• passport,
• receipt of payment of state duty.

Mortgage conditions for part of the property

A loan for the share of an apartment is issued only within the framework of one program, “Loan for the purchase of finished housing.” Secondary market real estate is suitable for registration.

Terms of issue:

1. The minimum loan amount is from 300,000 rubles.
2. The maximum amount is 85% of the value of the collateral.
3. The loan term is up to 30 years.
4. The down payment amount is at least 15%.
5. Interest rate - from 10.2%.
6. The object of collateral is the housing being financed or other real estate.

If the borrower is satisfied with the conditions put forward and meets the basic requirements of the bank, he can apply for a share of the apartment through a mortgage.

Features of a mortgage for purchasing an apartment from close relatives

Financial institutions that receive a loan request to purchase a home from a relative will ask personal questions about the relationship between the seller and the buyer.

Some close people do not maintain trusting relationships, manage their financial budgets separately or enter into marriage contracts.

But it will be important for the bank to understand whether a situation will arise where the borrower and the seller, who have a common budget, are, in fact, issuing a loan to themselves. If the mortgage application is fictitious and is submitted to obtain money for a business, then the bank will see lost profits on the cost of the loan.

If the bank detects fraudulent intentions, the minimum problem will be non-issuance of the loan and blacklisting of borrowers.

However, not all family ties will be considered a high risk by the bank. This applies mainly to the inner circle, which most often claims to inherit in the event of the death of the owner of the property.

Important! If housing was purchased from relatives, the loan will be more expensive due to the impossibility of returning the tax deduction for the mortgage.

For what reasons may a bank refuse to issue a shared mortgage?

Expert opinion
Irina Bogdanova

Work experience at Sberbank for 12 years.

In practice, getting approval from Sberbank for a mortgage to purchase a share in an apartment is quite difficult. Most of the refusals come if the person did not previously have any rights to housing or already owns a share, but even after the transaction, the loaned property will not become his full ownership.

The reasons for the negative decision are that the purchased part of the apartment has low liquidity. If the borrower becomes insolvent, the lender will not be able to recover its losses by selling the property. In such situations, experts advise using another, more liquid living space as collateral.

Underwater rocks

Any bank is interested in justifying its risks by obtaining ownership of the entire property, and not a share in it. This is not beneficial for banks, since it will be problematic to sell the share without taking into account the interests of the remaining co-owners.

Therefore, when contacting a bank to apply for a shared mortgage, you should consider several important aspects:

1. How many apartment owners are there on the day the application is submitted to the bank?
2. How many co-owners will remain after the client buys out the share or shares.

Why do banks primarily pay attention to the number of shares and their owners? This happens for one reason: the bank analyzes the situation for the future.

If the client does not have a single share in the apartment in question, and there are two or more co-owners, then the bank will take big risks by approving a mortgage on such conditions. In case of failure to comply with the terms of the loan, only the client’s share will become the bank’s property. Subsequently, it will be difficult to implement it without the consent of the remaining co-owners and their written waivers of the right of first refusal.

Expert opinion

Alexander Nikolaevich Grigoriev

Mortgage expert with 10 years of experience. He is the head of the mortgage department in a large bank, with more than 500 successfully approved mortgage loans.

Finding buyers for a share in an apartment where there are several co-owners is not easy. Why should a bank burden itself with these bureaucratic obstacles because of a small stake in real estate? It’s easier to refuse a loan.

The second risky situation for the bank is concluding a transaction to purchase a share between close relatives or former relatives who have not registered their marriage with other persons. Such transactions are perceived by banks as suspicious and have a high probability of being rejected for mortgage lending.

What documents need to be collected

For a mortgage you must provide:

1. Passport of the Russian Federation with registration mark.
2. Second document (driver's license, SNILS, INN, international passport).
3. Certificate of marriage, birth of children.
4. Certificate in the bank form or 2-NDFL for the last six months.
5. A copy of the work record, certified by the employer.

After approval, it is necessary to present documents for the purchased housing, the security deposit provided, a certificate confirming the availability of a down payment and a real estate insurance contract.

Protecting the child as an owner

A transaction involving a minor is complex, as there is a conflict between banking interests and the guardianship authorities. To sell an apartment, the share of which belongs to a child in accordance with an article of the Civil Code of the Russian Federation, it is necessary to obtain permission from the guardianship authorities. Basically, the rights of minors are protected by departments of the district administration or other divisions of local self-government bodies.

To obtain their consent, it is necessary to collect certain documents:

1. Parental passports
2. Marriage certificates
3. Birth certificates of children
4. Title documents for both apartments being sold and purchased
5. Certificates of estimated value and cadastral passports

If the child is already 14 years old, his consent to conduct this transaction is also required. This package of documents is sometimes much larger than the package required to complete the purchase and sale transaction itself.

But even after this, the guardianship authorities may refuse to carry out the transaction. After all, according to common sense, if an unencumbered one-room apartment is exchanged for a more spacious one, but mortgaged to the bank, this can also be regarded as a deterioration in the child’s living conditions. A default can always happen, and the child will remain on the street, and the guardianship authorities have no right to allow this. Municipal employees, as a rule, are sensible people and should understand that a small risk in this case is justified - otherwise the family is unlikely to ever be able to move into a normal apartment. Therefore, most often consent is still given.

“A lot depends on the type of permission issued by the guardianship authorities. The result is also influenced by the quality of preparation for the meeting with municipal authorities, as well as the specific district, specialist and even the application form,” says the general director

"First Mortgage Agency", Maxim Eltsov. Permissions vary. The first provides the option of allocating a new share of the property to the child after the mortgage is paid off. The second permit requires this to be done immediately, at the moment when the purchase and sale agreement is concluded. The first method is more convenient, as the bank will issue a mortgage loan sooner. But the second method, according to Maxim Eltsov, is used much more often.

General scheme for obtaining a shared mortgage

Stages of obtaining a mortgage for a share in an apartment:

1. Submitting an application for a loan. You can submit it at a bank branch or on the official DomClick website.
2. Waiting for a decision. Pre-approval is not the final answer. The lender, if it subsequently reveals fraud or false information, may refuse the loan.
3. Inspection and evaluation of the property. The appraiser's services are paid by the borrower.
4. Concluding a purchase and sale agreement together with the seller.
5. Signing a loan agreement, making a down payment.
6. Registration of real estate in Rosreestr.

Compared to registering a full-fledged apartment, lending a share is a little more complicated, especially at the initial stage, since the likelihood of receiving a positive decision on the application is extremely low.

How to buy a share in an apartment with a mortgage from relatives or third parties

In fact, purchasing a share with a mortgage is no different from buying an entire apartment. The presence or absence of family ties between the parties does not affect the procedure in any way. The main thing is that both buyers and sellers are capable people and the bank approves the loan application.

When selling a share, one should not forget about the right of first refusal (Article 252 of the Civil Code). Failure to comply with this condition will lead to the illegality of the transaction and any co-owner will be able to challenge it in court.

In order not to forget to notify any of your neighbors at the MFC, order an extract from the Unified State Register of Real Estate and look at the list of home owners. If none of the neighbors wants to expand their living conditions, you can look for a buyer among strangers. A month is given to make a decision.

Features of shared mortgage

The shared mortgage program is practically no different from the standard lending procedure. However, the lender provides one feature: you can buy out the share only if you obtain the consent of all owners to fully encumber the apartment. If the borrower is unable to provide another collateral option, he must persuade all residents to sign an agreement to such a procedure.

Due to the fact that the bank takes a significant risk when registering a share of the apartment, it will switch its attention to the borrower and his solvency. If the applicant's income does not meet the lender's requirements, the mortgage will be denied.

It is important to consider that the lending procedure is accompanied by some costs:

• notary services - from 1500 rubles;
• apartment/life insurance - from 1% (depending on the loan amount);
• registration of property rights - from 2 thousand rubles;
• appraiser services - from 3 thousand rubles.

Mortgage loan for the last share

Sberbank is quite loyal to applicants who buy out the last share in an apartment. According to statistics, there are much fewer failures in this program than in any other case.

The option is the most preferable, since the consent of all owners is not required to register an apartment as collateral. The bank, if the borrower loses solvency, will be able to profitably sell the loan property.

Mortgage for a share for two

We are talking about attracting a co-borrower who is assigned similar debt obligations. The bank is loyal to this registration option, since the second payer, in most cases, is the closest relative.

The ownership of the registered housing is determined by shared participation. For officially registered families, a joint form is provided.

Distribution of shares between co-borrowers

If the borrower’s spouse becomes a co-borrower, then he/she automatically becomes a co-owner of part of the property under the contract. But for relatives or partners it is necessary to draw up a special agreement. If the relationship was built on complete trust, it will be possible to reclaim the required part of the property in court by presenting receipts for payment of the mortgage.

Buying out shares from relatives

The law does not provide specific rules for acquiring a share of real estate from relatives. However, in practice, Sberbank more often refuses borrowers such registration. The reason for this decision is suspicion of fraudulent activity. The parties to the transaction can divide the amount received from the bank and hide from paying for this share of the apartment.

Buying a room in a communal apartment

The bank is more willing to approve the purchase of the last share in a communal apartment. However, if certain requirements are met, he will agree to purchase one room:

• the property has other real estate for collateral;
• the purchased housing is suitable for living;
• sewerage, bathroom, ventilation, heating and electricity are in good working order;
• room size over 12 sq. m.;
• there are no wooden floors;
• The building was built later than 1970.

Only in this case will the bank be able to consider an application for a room in a communal apartment.

In the case of children, everything depends on the decision of the guardianship authorities.

The government agency will analyze the deal in such a way that the child’s rights are not violated. At the notary, on the day the loan is received, the payer will sign a document stating that a percentage of the shared housing will necessarily become the property of the minor.

In general, an application for a home loan for a specific share of a home will always be considered in accordance with the internal policies of the bank, the specific lending program, and the current law. If there is a high income and liquidity of the mortgage collateral, it is easier for the client to get a loan.

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02/08/2018 Information about the authors | Category: Mortgage | Real estate

Preferential conditions for young families

There are currently no targeted preferential offers for the purchase of a share in an apartment. However, borrowers can take advantage of the “Young Family” program as part of a mortgage for the purchase of secondary housing.

The terms of participation:

• for two people there is 42 m2 of apartment area, and for three people there is 18 m2 each;
• the living space violates established sanitary and technical standards;
• the family lives in the same room with a sick person who, by law, must live separately;
• age of participants up to 35 years.

A mortgage loan for a share of an apartment in Sberbank is issued only if the conditions of the law are met. The applicant can count on a subsidy of up to 40% of the cost of housing. The amount of the benefit is determined individually.

Refund of interest on shared mortgage

Each borrower can obtain a tax deduction for the purchase of real estate and payment of interest. The maximum taxable amount for property is 2 million rubles, for a mortgage - 3 million rubles. Thus, the borrower can return up to 260 thousand rubles from the purchase of a home and 390 thousand from a mortgage loan.

Important! The amount depends on the official earnings of the taxpayer. The state will not pay the borrower more than he previously transferred.

The applicant can calculate in advance the approximate amount of tax deduction for the year using an online calculator.

Is it worth getting a shared mortgage?

A loan to buy out a share in an apartment is a complex procedure that requires special precision and care from the borrower. From the bank’s point of view, such a program is unprofitable, because there are significant risks associated with the client’s solvency and the further sale of illiquid living space.

If we consider a shared mortgage from the borrower’s side, we can highlight several advantages:

• low cost of housing;
• low interest rate, as a result, small payment.

Among the disadvantages are difficulties in design.

Ideally, it is better to consider full-fledged options for apartments or houses - this way the borrower can protect not only the bank, but also himself.

How is a mortgage for a room arranged?

The procedure for obtaining a mortgage for a room in a dorm, as many call a communal apartment, or for a room in an ordinary apartment, is not much different from loan products for purchasing an apartment. One of the main documents is documentary evidence of the refusal of other homeowners to purchase this particular room. Documents must be notarized.

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conclusions

Applying for a mortgage to buy out a share in an apartment is a labor-intensive process that requires compliance with all established bank requirements. In most cases, financial institutions do not allow the purchase of only part of the property, but Sberbank is not one of them. It is possible to take out a mortgage for part of an apartment within the framework of the “Loan for the purchase of finished housing” program. Most often, the borrower is required to obtain the consent of all owners of the apartment to fully encumber it or provide another object for collateral.

A mortgage for a share in an apartment is possible! Moreover, due to the low liquidity of apartment shares (regardless of whether they are equal or different), the process of approving such an application has a number of nuances described in this publication.

How will the home buying process work?

The first thing you need to buy a share in an apartment with a mortgage is to obtain a bank loan. The easiest way to get approval is if you indicate in your application that by purchasing the share you will become the sole owner of the apartment. We have already talked about how to combine shares from one owner.

The reputation of the borrower himself is also an important factor. Clients with a bad credit history and questionable employment have little chance of getting a mortgage.

List of documents

On your first visit to the bank, the manager must provide the following documents:

• the borrower's completed application form;
• passport;
• work book or OGRNIP status;
• a certificate of income either in form 2-NDFL or in the form of a credit institution.

If you plan to apply for a mortgage at a bank where you have a salary card, the last two documents will not be required.

To increase the chance of approval of the application, you can provide existing shares in the apartment as collateral, the remaining part of which you want to purchase as property.

To do this, attach to the main package:

• an extract from the Unified State Register for your home;
• a document on the basis of which your share was acquired into ownership (sale and purchase agreement, deed of gift, inheritance certificate, privatization agreement, etc.).

Preparation of contract

If you are not well versed in law, it is better to order the preparation of a purchase and sale agreement from professionals. Since at the slightest discrepancy between the text of the document and the existing requirements, registration of the transaction will be refused.

The agreement must be drawn up in triplicate and contain information about:

1. The date and place of its compilation.
2. Full name and contact details of the buyer.
3. Full name and contact details of the seller.
4. The subject of the contract (address of the apartment, its technical characteristics, etc.).
5. A document confirming the seller's ownership of the share.
6. Other persons registered at this address.
7. Cadastral value (indicated in extracts from the Unified State Register of Real Estate).
8. Terms of the deal.
9. Signatures of the parties.

If you will be drafting the document yourself, be sure to download a sample of it. So as not to get confused and not miss a single important point.

Sample contract for the sale and purchase of an apartment share

Taxation

Even though the sale of a home is a consideration transaction, the seller will be exempt from paying income tax if:

• the sold share was in his ownership for 3 years or more;
• its price does not exceed one million rubles;
• square meters were sold at the same price as purchased.

In other cases, the former owner of the share will have to pay 13% of the profit received in excess of the established limits.

What to do if they refuse?

If a bank refuses a mortgage, it is not obliged to specify why it made such a decision. You will not be able to go to court and challenge the credit institution’s refusal. Therefore, either apply for a mortgage from another bank, or abandon this idea.

If you have an excellent credit history, a constant and sufficient income, most likely the refusal occurred precisely because of the type of housing purchased. In this case, try to take a consumer loan rather than a mortgage; the chances of its approval are much greater, although the interest on the loan will increase slightly.