According to the law, a citizen who takes out a mortgage automatically becomes the owner of the home. He will be able to register in the mortgaged apartment as soon as he signs the contract and registers ownership. When it comes to registering relatives, things are more complicated. When concluding an agreement, the creditor establishes a list of persons who can legally reside on the territory of the property that is pledged. In other cases, registration in a mortgaged apartment (permanent or temporary) is permitted only if the bank gives its consent to this (in writing).
Is it possible to register a person in a mortgaged apartment?
Regarding registration of housing purchased with a mortgage, many disputes and conflicts arise between the bank and the client who took out the loan. Their reason is the lack of direct data in the legislation on resolving this problem.
It is important to know that the law allows you to challenge in court all the terms of mortgage agreements that restrict the right of registration.
From the legal side, the owner of the mortgaged property is considered to be the borrower, and not the lender, since purchasing an apartment with loan money gives the buyer the same rights as when purchasing a home with their own funds. In this case, the financial institution is only the holder of the pledge, and not its owner. Accordingly, the creditor can impose restrictions on the home owner only on certain actions that are prescribed in legislative acts.
Controversial issues surrounding the registration of relatives and other citizens on mortgage square meters are due to the lack of specific regulations in the Russian Federation regulating the registration of the borrower, as well as his relatives at the place of residence.
Many lenders stipulate all conditions in contracts for the provision of mortgage loans, including the registration of tenants in the real estate on the loan.
It is imperative to find out all the bank’s requirements for the possibility of registering other citizens when choosing a lender to apply for a mortgage.
The legislative framework
What laws govern it? This:
- The Housing Code of the Russian Federation determines how and who can register in certain premises;
- The Criminal Code of the Russian Federation prohibits registration fictitiously under threat of criminal punishment;
- Law No. 5242-1 of June 25, 1193 gives all citizens of the state the right to change their place of residence;
- Government Resolution No. 713 describes exactly how the procedure for obtaining registration occurs;
- The Code of Administrative Offenses of the Russian Federation punishes with a fine persons who exceed the period of residence without registration.
You can learn about the difference in the concepts of “registration” and “registration”, as well as the differences between permanent and temporary registration on our website.
Who can be registered?
There is an opinion that registering someone other than the owner in housing that is pledged is only allowed if the loan is fully repaid. This requirement, if presented by the lender, violates the rights of the owner (borrower).
Registering children in a mortgaged apartment
The borrower's children can be registered in such housing. By law, a child must be registered at the place of registration of his parents. The registration of a child is part of the owner’s rights to own and use his own real estate. Therefore, he has every right to register all his children in it.
Registration of relatives
There are also no restrictions in regulatory documents on the registration of close relatives - wife or husband, as well as their parents. But to register other citizens, you will need the permission of the creditor
. You may not receive it, but the lender will have a reason to terminate the contract early - he may demand early repayment of the loan.
To avoid getting into a difficult situation, you need to carefully read the agreement signed with the credit institution. This document may stipulate a requirement for mandatory notification and obtaining permission from him to register relatives. Although such a restriction conflicts with the law.
Getting ready to submit an application
To get approval from the bank, you need to meet the basic requirements of the lender:
- citizenship of the Russian Federation;
- age from 21 to 64-75 years at the time of repayment of the mortgage (the upper limit depends on the lending conditions of a particular bank);
- confirmed work activity of at least 1 year over the last 5 years;
- continuous work experience in one place of work for at least 6 months at the time of submitting an application to the bank;
- availability of confirmed income. By law, you can spend no more than 40% of your total income on a mortgage. If your salary is 60,000 rubles, count on a mortgage with a monthly payment of 24,000 rubles;
- down payment from 15%. In 2021, most banks increased the down payment threshold and it amounted to 20% of the value of the purchased property;
- having a spouse and children is not necessary, but banks prefer to issue mortgages to family people;
- absence of serious mistakes in credit history and unclosed overdue loans. Before applying for a mortgage, be sure to order an extract from the BKI and check the cleanliness of your KI.
Before submitting documents to the bank, be sure to consult with the manager regarding your registration situation. The decision is made individually each time and may depend on how interested the bank is in the new client. If the lack of registration is accompanied by stop factors such as unconfirmed income, lack of official employment or problems with credit history, the borrower can be helped by a high down payment or good co-borrowers.
Is it possible to temporarily register a mortgaged apartment?
Temporary registration of housing under a mortgage is permitted if the lender has established such a rule. Typically, a credit institution provides a clause in the agreement that specifies such an opportunity for outsiders. The law requires temporary registration to be issued to people who change their place of residence for a period exceeding 90 days. This is stated in Order No. 288 of September 11, 2012. Maximum period of temporary registration
- 5 years. Before the expiration of the registration period, such a citizen cannot be arbitrarily deregistered without a court decision.
Is it possible with a mortgage from Sberbank?
The leader in issuing mortgage loans is Sberbank. This financial institution does not prohibit registering relatives and other persons. Mortgage agreements do not contain such requirements. The borrower can register any individual in his property not only permanently, but also temporarily, and he must notify the bank in writing about the registration of these persons in the apartment.
But if he does not fulfill his loan obligations and stops repaying the debt, Sberbank will demand that all citizens registered in the mortgaged housing, including minor children, be deregistered.
Consequences of registration of distant relatives and third parties without the consent of the bank
It will not be possible to hide from the lender the fact that new citizens are registering in the apartment. Throughout the entire term of the loan agreement, the bank is interested in the condition of its collateral. Some institutions do this with the involvement of their security service. In this case, the owner may not even realize that an inspection was carried out in relation to his property.
Other lenders annually require from the mortgagor a certificate about the number of registered persons in the living space on a specific date and the history of registration actions for the year.
If registered persons are detected during such checks without the bank’s consent, the following consequences may occur:
- discharge of unauthorized persons;
- imposing a fine on the borrower (this action must be specified in the loan agreement);
- termination of an agreement;
- requirement for early repayment of a mortgage loan.
Important! The actions of the pledgee, supported by the terms of the agreement, cannot be challenged in court. The borrower will only have to agree with them and fulfill all requirements within the prescribed period.
What does the law say?
In accordance with Order 208 of September 20, 2008, during the registration of residents in mortgaged apartments and houses, there is no need to obtain additional consent from the mortgagee for this.
In Art. 346 part 1 of the Civil Code of the Russian Federation, as well as in Art. 29 of the Federal Law on Mortgages stipulates that the mortgagor has the opportunity to use his property pledged under the mortgage at his own discretion in cases that do not contradict the purpose of the property, as well as the norms of the legislation of the Russian Federation.
Art. 209 of the Civil Code of the Russian Federation states that the owner has the rights to own, use, and dispose of his own property. The owner of real estate encumbered with a mortgage is also vested with such rights. But he cannot sell, donate, or in any other way alienate housing that belongs to him, but is pledged, without obtaining the consent of the creditor. All other rights of the owner of such real estate are identical to the rights of persons purchasing apartments with their own money.
Features of registration
The borrower can register in the purchased apartment almost immediately after signing the mortgage agreement and registering ownership of it. To register someone else, it is advisable to coordinate your actions with the bank in order to avoid disagreements and possible claims if such conditions were specified in the agreement.
For this purpose, you need to submit an application to the bank for approval of the registration of certain persons, indicating all the data of the citizen being registered, as well as whether he is related to the applicant.
After considering the application, the bank will make its decision and inform the client about it.
Restrictions
Each credit institution has its own regulations that address registration issues. Therefore, by carefully reading the mortgage agreement, you can find out what restrictions the bank imposes on a borrower who wants to register relatives or other citizens.
Can banks issue conditions for restrictions on registration?
It’s easy to get permission to register your own relatives from creditors. But if they want to register a stranger, they may impose restrictions
, the bank may refuse to register it. Such actions by the lender are explained by its desire to minimize its own risks if the borrower stops fulfilling its loan obligations. But these actions are quite controversial.
Where to start, where to turn?
How to register for an apartment with a mortgage? Registration must begin with obtaining bank approval. If such approval is not received, then no further actions will bring the desired result. It is better to start collecting documents only after receiving such consent .
Where do you register? The responsible authority for obtaining registration is the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation .
This body today is part of the Ministry of Internal Affairs and is not independent. However, such transformations do not in any way affect the ordinary applying citizen .
How to register?
Regardless of which credit institution issued the mortgage loan, registration in mortgaged housing is no different from registration in any other residential property - donated, inherited, purchased with your own funds.
The only difference is the foundation agreement.
What is necessary?
For permanent registration, you need to sign out from your previous place of registration. If registration is carried out in the same locality as the extract, there is no need to prepare an extract in advance; the registration along with the extract will be carried out automatically by the passport officer. But often this process drags on for a long time, so it is advisable to solve this issue yourself.
Next, you need to submit an application to the registration authority by filling out a standard application form. Instead of children under 14 years of age, their parents must apply. You need to indicate the basis and attach all documents to it.
Required documents
- passports of those who register;
- departure sheets. If there has been no deregistration, it will be enough to have a stamp in your passport;
- marriage certificate (for family members);
- for a minor - birth certificate;
- a copy of the document confirming the right to property.
Step-by-step instruction
Registration is carried out in stages:
- Take the documents to the passport office and fill out form No. 6 to submit to the passport officer.
- If you are checking out and registering at the same time, you must fill out a tear-off form.
- If deregistration was carried out earlier, you must also submit a departure slip to the passport officer.
- If it is not the owner who registers, you must provide permission from the owner of the apartment.
If the owner is not registered in the apartment, his presence is required. Registration is carried out within 3 working days.
Child and mortgage
The child itself will not change anything - the bank, when making a decision on issuing a mortgage loan, does not divide clients into “children” and “childless”. The bank only tracks the borrower's income level. It’s a different matter if the family already owns an apartment, upon the sale of which it will be possible to make a down payment.
If a minor lives in this residential premises as a member of the owner’s family (that is, has a regular residence permit), then you can buy, sell and pledge the acquired property as usual. It’s another matter if the child is the owner of the apartment or a share in it. Then the real difficulties begin.
