During the term of the loan agreement concluded for the purpose of purchasing a home, the borrower’s life situation may change significantly. Divorce, marriage, the birth of children, job loss, deteriorating health are the most common reasons that make a person think about whether a mortgage can be reissued to another person. Let's consider this issue in more detail.
How to re-register a mortgage in Sberbank to another person
At Sberbank, re-issuance of a mortgage to another person is carried out in accordance with the norms of the Federal Law of July 16, 1998 No. 102-FZ and the Civil Code of the Russian Federation. The client has the right to transfer the apartment purchased with mortgage funds to another person by re-registering the loan agreement with the bank. In this case, the requirements prescribed at the legislative level must be observed (Chapter 6, Article 37 of the Law and Article 391 of the Civil Code of the Russian Federation).
If the borrower is confident that financial difficulties are temporary, he resorts to refinancing a loan obtained from a third-party bank or debt restructuring. It is worth noting that refinancing rates at Sberbank are quite low, which helps ease the credit burden on the payer.
The service for adjusting contractual terms is paid - 3,000 rubles. The amount is paid before the mortgage loan is reissued.
Requirements for a new borrower
When replacing debtors, the bank imposes rather strict requirements on the new applicant:
- an unblemished credit history (the applicant previously had loans, and payments were regularly made during the installment period);
- no criminal record;
- Russian citizenship and permanent registration in the Russian Federation;
- age limit – from 21 to 70 years;
- work experience at the current place for at least six months, total - from 1 year or more;
- income sufficient to repay the mortgage debt - no more than 40% of earnings should be spent (confirmed by a 2-NDFL certificate);
- the presence of guarantors or co-borrowers.
Re-registration as a co-borrower
Typically, one of the spouses acts as a co-borrower when a married couple takes out a mortgage. But this role can also be played by adult children, relatives, friends and other citizens. You can re-issue a mortgage to a co-borrower if the latter agrees. Only he must realize that he fully assumes credit obligations in the long term.
There are no special beneficial programs for such a transition. The procedure takes place under general conditions.
Re-registration from husband to wife and vice versa
In the event of a divorce, it is possible to re-register the mortgage to the husband or wife if the apartment was purchased during the marriage and there is no prenuptial agreement. It is important that both parties agree.
When submitting an application to the bank, the presence of both spouses is required. Sometimes one person buys out the debt of another and registers the property in his own name.
For an adult child
Mortgage debt can be issued to a child if he or she reaches the age of majority. At the same time, he must meet the age requirements of Sberbank. He also needs to have a documented permanent income with a certain length of service.
To another relative or stranger
It is permissible to re-register a mortgage either to a relative or to any other person who is not related to the main borrower. It is important that the applicant meets the borrower’s standards.
Banks agree to this procedure if the borrower:
- loses ability to work for any reason, including medical;
- moves to live in another place for good reasons;
- divorced.
What documents will be needed
To re-register, a new borrower will need to provide the following package of documentation:
- Insurance certificate (green card);
- Passport details and military ID for those obliged;
- Financial - certificate in 2-NDFL format or in bank form;
- Documentation confirming the right to own the property - an extract from the Unified State Register of Real Estate;
- Expertise and valuation of real estate;
- Cadastral documentation;
- An extract from the house register confirming rent payments already paid;
- Written consent to refinance from the bank;
- Customer profile.
Typical reasons for refusal to re-register a mortgage to another person
Reasons why a bank may refuse an applicant to transfer debt obligations to another person:
- presence of a criminal record and administrative offenses;
- damaged credit history;
- a large financial burden on the family budget (mortgage payments take more than 50% of total income);
- the potential borrower has a bad reputation on social networks (provocative photos, dubious videos, etc.);
- failure to provide documents confirming stable income and work activity;
- unkempt appearance and inappropriate behavior noted by bank employees during the interview;
- low income.
Along with typical reasons for refusal to re-register, there may be others. Bank employees take into account the applicant’s place of work. If the company does not inspire confidence and operates at a loss, then the re-registration of the mortgage loan will be refused. Relatives of the future debtor also come under close scrutiny.
What to do if re-registration is refused
The bank retains the right to refuse the current counterparty to re-issue a housing loan to another person. In this case, the borrower can sell the mortgaged property, subject to the consent of the lender, and pay the amount received to pay off the debt. If consent is not received, all that remains is to continue making payments.
An alternative solution could be a consumer loan, which the potential successor will apply for in another bank. He transfers this money to the account of the apartment owner for early repayment of the loan and cancellation of the encumbrance.
Risks
When you pay a mortgage that is registered to another person, you always bear certain risks, which we will now discuss. These risks exist for all parties:
- The first case will be the inability to register for purchased meters. This procedure can only be performed by the owner of the apartment and its owner. If minor children are registered there, then it is impossible to evict them. Even the court is powerless in this.
- Payers are faced with the fact that the owner refuses to transfer the living space to them after paying off the debt. If no obligations to transfer the apartment have been signed and cannot be proven verbally, then in this case you can at least engage in charity. In the best case, the formal borrower and the property owner will pay income tax on this amount.
- Whoever signed the agreement with the lender also bears risks. If the money is not paid on time, the owner will have to go to court and risk his property. Your credit history will be damaged for the next 15 years. Also, in the event of illegal redevelopment, he will have to spend his time submitting an application to the Unified State Register of Real Estate, signing documents, and so on. You need to be careful when choosing the person to whom the mortgage will be issued.
The article was prepared by lawyer on family and civil issues Anton Nikolaevich Shcherbak
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Is it worth contacting loan donors?
Credit donors are citizens who are willing to take out a loan for themselves for a fee. This service is relevant for those who, for some reason, cannot take out a loan from a bank.
Scheme of work of credit donors:
- The client finds a donor through friends or advertisements.
- The two parties draw up and sign an agreement, which indicates the main terms of cooperation.
- Then the loan donor takes out a loan from the bank and transfers the money to the client against a receipt (sample below), in return receives a reward (calculated as a percentage of the loan amount).
- The client makes payments on the loan throughout the entire installment period. If he stops doing this, the donor can sue him.
A similar principle of action is observed when re-issuing a mortgage to another person. True, there is a high risk of stumbling upon fraudulent donors. In the advertisements, they promise to quickly and easily transfer debt obligations to a stranger for a fee. As a result, the borrower makes an advance payment and ends up deceived.
You may encounter another type of fraud. "Black donors" found a firm specializing in solving mortgage issues. They will re-register housing loans to persons without a fixed place of residence who lead an immoral lifestyle. Criminals are able to easily pass bank checks because such groups include bribed security officers.
Sooner or later, such criminal communities of mortgage brokers come to the attention of law enforcement agencies and criminal cases are opened against them. Moreover, clients can also be held accountable if they take advantage of offers from scammers.
General information
A mortgage is a loan from a bank secured by collateral. In other words, the buyer purchases real estate and pledges it to the bank until he hands over the money. To obtain this type of loan, you must meet all bank requirements. The main condition is solvency, that is, having a permanent job and a fairly high level of income. Without this, you will not be able to obtain a loan.
Additional requirements are also taken into account. This may be age (the younger the borrower, the longer the repayment period), the presence of guarantors and other property. When drawing up a loan agreement, a mortgage must be drawn up.
Note: collateral can be not only the property being purchased, but also any other property of equal value.
You can get a mortgage for one person, for example, for yourself, or get a co-borrower. According to the rules (and on the basis of the Federal Law “On Mortgages”), people who receive such a loan always become owners. After all, after purchasing a home, you need to register your rights.
The question of whether a purchased apartment can be issued for one person, and a mortgage for someone else, arises very rarely. To do this, interested parties must have serious reasons. In theory, you can enter into a loan agreement and transfer the apartment to someone else. But in general, such transactions are executed extremely rarely.
Popular reasons for transferring a mortgage to another person
It is allowed to transfer a loan to another person only with the voluntary consent of the creditor organization in which the housing loan was issued. To start the procedure, you must submit an application indicating the reasons for such a step. After assessing them, the bank will make a decision and inform the client about it.
Frequent reasons for re-registration (re-registration) of a mortgage loan:
- transfer to a third-party financial and credit organization;
- change in marital status;
- death of the borrower;
- financial difficulties of the borrower.
Transfer to another bank
Banks constantly compete with each other, so they try to attract customers with tempting mortgage lending conditions. A lower interest rate is usually offered. A mortgage borrower does not need the consent of his lender to switch to another bank.
Sequencing:
- Concluding an agreement with another financial organization.
- Receiving the money.
- Paying off a debt from an old bank.
Expert opinion
Irina Bogdanova
Expert in the field of mortgage lending.
Today, Sberbank has the most favorable lending conditions, so it is not advisable to change it.
Change in marital status
During the period of repayment of the mortgage loan, the client’s marital status may change, when the need for an apartment disappears. A frequent case is the divorce of spouses, when the property remains in the use of one, and the mortgage is issued to the other. In this situation, the question of re-registration arises.
It is enough to provide the bank with a divorce document and a certificate of the successor’s solvency. Then you can count on a positive decision from the lender.
