Bank customers are aware that with the registration of a mortgage, they become owners of their own housing purchased for credit money, but the burden is imposed on real estate. The homeowner will be the borrower, but not all transactions with it can be carried out without a bank. After payment of the debt, the burden on the mortgage is removed. Sberbank, like other institutions, offers to conduct this procedure competently.
Last payment
Paying a mortgage is quite difficult. You must remember the date of payment, so as not to be listed in the list of delinquents. But after long payments, the day of the last installment still comes. After this, it’s too early to relax. To become a full owner of real estate, you need to remove the burden on the mortgage. Sberbank in this procedure is not much different from other lending institutions.
The concept
An encumbrance involves a set of conditions restricting the actions of the property owner. For example, it will not be possible to sell an apartment, perform an exchange, redevelopment or register relatives. This will succeed, but only with the written permission of the bank, which is considered a pledge holder. Which transactions are prohibited is prescribed in the contract.
Even making the last payment does not automatically remove the restrictions on the living space. Sberbank does not independently remove the encumbrance from the apartment on a mortgage. To do this, the client must contact the registration authority with a statement. What documents are required should be specified in Rosreestr. If the burden is not removed on time, then this becomes the cause of difficulties in the future. For example, when selling real estate, many may not agree to buy such housing.
Documents
The procedure for removing burden from an apartment on a mortgage in Sberbank is carried out in accordance with the established rules. When making the last payment at the bank, you need to take a certificate of lack of debt. It is provided after 3 days and free of charge. This document is not required, but it is better to have it. There are cases when, with incorrect calculations, there are pennies of debt on the account. Then they are charged penalties, fines, because of which the client may become an overdue.
Accepts documents to remove the burden of mortgage Rosreestr. Sberbank will provide a certificate of lack of debt. The following documents must be collected:
- A letter from the bank confirming the lack of fulfillment of obligations under the contract. Sometimes it is necessary to provide him with a statement of the loan account.
- Statement of the parties, signed and certified by the bank employees. A sample of it can be obtained from the bank or the Registration Chamber.
- Mortgage agreement with its copy.
- The original and a copy of the mortgage, which indicates the fulfillment of obligations, as well as the repayment date.
- Passports of persons indicated in the certificate of ownership. They must personally be at the time of application.
- Certificate of ownership.
- Confirmation of payment of state duty.
- A court decision if the mortgage agreement has ceased to operate on its basis.
The exact list of documents can be found in the registration authority at the place of residence. In each region, the requirements are different. Carries out the removal of encumbrance on the mortgage Rosreestr. Sberbank offers to submit documents immediately after payment of the debt, so that the procedure is completed in a timely manner.
Statement
An important step is to write a statement. It indicates such information as:
- personal information about the owner;
- name, details;
- loan details;
- information on the absence of mutual obligations;
- request for lifting the burden.
Make a statement on sheet A4.
Submission Options
Where is the removal of the mortgage burden? Sberbank invites customers to contact Rosreestr. Only this can be done in several ways. The standard option is a personal appeal to the Federal State Registration Service. There are no intermediaries in this business, actions are carried out personally by the client or representatives of the bank.
You can send documentation by mail with a valuable letter. Signatures on applications are notarized, but the letter itself is sent with a description of the attachment and a notification of delivery. But this option will take a lot of time - visiting a notary public, forwarding the shipment. But still have to receive new certificates personally.
Can carry out the removal of the burden on the mortgage of Sberbank at the MFC. Such organizations operate in many cities, providing various public services. At first, the centers were created to simplify the process of filing various applications and reduce the execution time. But in practice, everything does not look quite like that. The terms of execution have been increased due to the fact that the courier is engaged in the transportation of documents.
You can also use another way to remove the burden of the mortgage. Sberbank offers to use a convenient option - via the Internet. It is necessary to submit an application through the website of the State Service.
There is still the opportunity to carry out the procedure with the help of realtors and agencies that perform such services. They will do all the work, only it will not be free.
Going to court
Sometimes the removal of an encumbrance cannot be carried out with the consent of the pledge holder, and therefore everything is done through a court. This will be the case if:
- the bank has closed;
- the occupier has disappeared;
- the employer does not want to remove the burden voluntarily;
- the borrower has passed away.
In these cases, you must provide the court with a contract, checks, documents of inheritance. Then the procedure will last longer. This will go to file a lawsuit, and then a meeting will be scheduled. If the court makes a positive decision, you need to wait for its entry into force. Then, an application for removal of the encumbrance and a court decision are submitted to the Registration Chamber.
Procedure
The procedure for removing the burden of a mortgage in Sberbank is carried out on the basis of the following steps:
- Receiving documents from the bank. You need to take the originals and make the necessary copies.
- Payment of state duty.
- Record in electronic queue Rosreestra.
- Meeting with a bank employee, providing him with an application for the removal of the burden.
- Receipt from the registrar of a receipt regarding the receipt of documents.
- On the appointed date you need to visit the Registration Chamber and get documents on the removal of the burden.
How long does it take for the removal of the mortgage encumbrance in Sberbank? Reviews suggest that it takes about a month, but it may take two. This procedure should be performed immediately after repayment of the debt, because then in the future there will be no difficulties with real estate transactions. The procedure for removing the burden of mortgages in Sberbank is the same as in other organizations.
The timing
It is important to timely remove the burden on the mortgage at Sberbank. Dates are set for the mandatory passage of the procedure. It is advisable to contact the bank a month before the planned closing of the contract. This time is enough for recalculations, execution of the necessary package of documents and the rest of the work.
When the settlement has occurred and the papers have been submitted to the Federal Registration Service, then after that 3 days are issued for making entries on mortgage payment. Therefore, there can be no delays. This applies to cases where the procedure is performed by the borrower on their own. Alert need a statement in the Unified State Register.
If you do not take any steps, but simply submit an application to the bank, you will have to wait 45 days until the burden is removed from the former borrower. Automatically, it is removed upon expiration of the mortgage, the approval of Rosreestr with the bank and the decision.
This may take about 3 months. Therefore, if neither the bank representative nor the client himself submits the application, then automatic removal of the encumbrance occurs within 3 months.
For 3 years, former borrowers need to keep extracts, receipts for payments and other documents related to the bank. This is the limitation period, which must be waited and not destroy the mortgage documentation. After the Rosreestr makes changes, the client can create title documents for the purchased housing in this body, where there will be a bank mark. But this service is paid - you must pay the state fee.
Property sale
It is important to know how to properly sell housing, if it is still under the burden of the bank. This happens when the borrower does not have the funds or difficulties with paying the mortgage appear, because of which the security becomes the property of the bank. To pay a loan, you must sell the property, and use the funds received to pay the debt. The client has some money left.
It will be difficult to independently carry out the sale of real estate, since the bank controls all the transactions that the borrower is trying to complete with collateral. In addition, for the implementation of the sale, it is important that the object is not under encumbrance. Therefore, the transaction can be executed with the permission of the bank itself.
The buyer needs to take a certificate from the Unified State Register on the amount of the mortgage debt. It is required in order to know how much is left to pay the loan. In practice, the removal of the burden takes about 2 months. But banks can delay deadlines. The procedure itself is simple, you just need to go through it in a timely manner.
Dispute Resolution
Usually, it takes longer to remove an encumbrance than to arrange a mortgage. The reason for this is a thorough check by credit specialists of whether everything was paid by borrowers. But this may be due to technical measures providing for the control and introduction of amendments to the Register of Rights.
Such situations often happen that 2 months after the contract is closed, a notification about the need to pay certain amounts is received. If this happens, you need to contact the bank with a certificate of debt payment. It can be only a technical error or human inattention.
Interest accrual
There are also situations where the client did not make a payment on time, and a penalty appeared that was not paid. Such cases are frequent, so you need to be prepared for them. If the bank has legitimately accrued debt, it is best to pay it by closing the mortgage completely. There are clients who argue over such issues, refusing to pay funds. Then the bank goes to court, which makes a decision in his favor. And the client only needs to pay the assigned amount.
When the encumbrance is lifted, the landlord becomes its rightful owner. Therefore, he can make various transactions, for example, sale, exchange, rental. And everything will be done legally.