Buying an apartment is considered a specific process that requires prior thorough preparation. This is due to the fact that each buyer may encounter different fraudulent schemes. Therefore, it is important to understand how to find out if there is an encumbrance on the apartment, how these restrictions are removed, as well as by whom and for what reasons they are imposed. If such burdens are identified, then it is impossible to conclude different real estate transactions.
The concept of encumbrance
It is represented by certain obligations to other persons or companies. At the expense of them, the right of ownership to dispose of property is limited. These restrictions can be presented in several ways, therefore, property owners and potential buyers of this property should understand how to find out if there is an encumbrance on the apartment. You can get the information you need in various ways.
Most often, such an encumbrance is represented by the fact that the apartment is pledged, since it was originally acquired with the help of bank funds. Any restriction will certainly be registered with the Rosreestr, so information about it can easily be obtained by contacting this institution.
Most often, encumbrances are represented by temporary phenomena, therefore, when fulfilling obligations, any property owner can find out if the encumbrance is removed from the apartment. To do this, it’s enough to pay off the mortgage, repay the debt or achieve the removal of various restrictions with the help of the court.
Each person planning to purchase any real estate must make sure in advance that there are no restrictions on it. This is due to the fact that the pledge holder or the seller’s creditors can take the apartment through the court, so the buyer will be left without real estate and his funds.
Variety of restrictions
There are quite a few restrictions presented in the following varieties:
- rent, through which the purchase of real estate is ensured, but the payer of rent becomes the owner of the object only after the death of the owner;
- mortgage, in which the bank that issued the funds for the purchase of real estate acts as a pledge holder, therefore, if the borrower refuses his debt obligations, the banking institution has the right to confiscate and sell the property at auction;
- the transfer of the property to trust is accompanied by a restriction on the free disposal of real estate;
- providing an apartment for rent with the simultaneous drawing up of an official lease guarantees that the owner will not be able to conclude various transactions regarding his property until the agreement expires;
- arrest is imposed by the bailiffs if the property owner refuses to pay child support or taxes, as well as if he has other large debts that can be paid off by arrest and sale of his property.
All the above burdens are easily removed if the owner of the apartment takes the necessary steps for this.
Who is encumbered with?
Restrictions are imposed by different companies or individuals depending on their type. Therefore, the procedure can be performed:
- bailiffs in the presence of an open enforcement proceedings against the owner of real estate;
- a bank if borrowed funds were used to purchase an apartment;
- annuity payer after conclusion of a life dependent contract.
Any such restriction is subject to state registration.
When is constraint information required?
Often, different citizens need to find out if the apartment is encumbered. Information may be required both by the direct owners of the property and by persons who plan to purchase this property. Most often, information is required in situations:
- planned sale of real estate;
- the owner of the object is a gift to another person;
- the owner of the apartment wants to understand if there are any encumbrances on the property.
Such information can be obtained not only by the owner of the object, but also by any interested person. To do this, you can personally visit some government agencies or obtain information via the Internet.
Ways to get information
How to find out if the apartment is encumbered? You can use different methods for this. These include:
- obtaining information on the website of Rosreestr;
- appeal to the department of Rosreestr or MFC, after which an extract from the USRN will be issued to the citizen.
Most often, citizens use the first method, and this is due to the fact that information is provided promptly and free of charge. But if you need to transfer an extract from the USRN to other persons or government agencies, you will have to personally apply to the Rosreestr or MFC for an extract. For such a document you will have to pay a certain amount of funds.
Pros of getting information online
Many people think about how to find out if the burden is imposed on the apartment. The optimal solution for obtaining information is considered to be the Rosreestr website. The advantages of using this method include:
- do not have to pay any state duty;
- it is enough to know only the address of the object;
- if the citizen does not know the exact address, then you can find real estate using a special cadastral map;
- you don’t have to spend a lot of time to get the data.
The disadvantages of this method include the fact that a citizen does not receive a statement in his hands that could be passed on to potential buyers of the apartment or other interested parties. Additionally, there is a possibility that the information on the site is outdated, so the person has not received relevant data. How to find out if the apartment is encumbered? To do this, you can use the Rosreestr website or order an extract from the USRN in this institution.
Service cost
If information is requested on the website of Rosreestr, then for its provision you do not have to pay any funds.
If an extract from the USRN is required, then a state duty will have to be paid. The documentation is prepared within one hour, and not only the owner of the object, but also any interested person can apply for it.
If the applicant is a private person, then the cost of the statement is 300 rubles. If a representative of an organization applies for a document, the price increases to 950 rubles.
Online Information Policies
How to find out if there is a burden on the apartment? To do this, you can use the site Rosreestra. To obtain information, the following actions are performed:
- initially you need to go to the website of Rosreestr;
- on the main page there is a section called "Electronic Services";
- reference information on various real estate objects is selected;
- then you need to find a search at the address of the apartment;
- the region in which the property is located is selected;
- the exact address of the apartment is entered in the search line;
- further, based on the entered information, a request is generated;
- usually several addresses are displayed that partially or fully match the entered request;
- the desired address is selected, after which a new page opens containing information about this object;
- below is a heading called “Rights and Restrictions”, which contains information about all the encumbrances;
- if the table that opens is empty, then there are no restrictions on the apartment;
- if encumbrances are identified, then you can find out exactly when they were imposed and on what grounds, and also includes information on the number of the document by which the restriction was registered in Rosreestr.
Additionally, you can get information about the cadastral number of the property or about its other parameters. Therefore, if you look at how to find out if there is an encumbrance on the apartment, then you can perform the procedure promptly. But it is important to remember that the site may have outdated information.
Direct appeal to Rosreestr
How to find out if the encumbrance is removed from the apartment or whether there are restrictions on the facility? If you need an official document containing information about various burdens, it is advisable to request an extract from the USR. To do this, you can directly contact the department of Rosreestr or the MFC.
An extract can be obtained not only for an apartment, but also for a house, land, room or share in real estate. Information is provided not only to property owners, but also to other persons interested in this document. The procedure for obtaining an extract consists of the following steps:
- state duty is initially paid;
- the application and passport of the applicant are prepared;
- with the necessary documentation, you must contact the department of Rosreestr or MFC;
- an organization employee issues a receipt confirming receipt of documentation;
- Usually, an extract is made within one hour, therefore, at the right time, you must again contact the employee of the institution to obtain a document.
An extract is a legal document, therefore it can be used in court or transferred to various government agencies.
How to find out if the burden is removed from the apartment?
If a person repays a mortgage or manages various debts in respect of which enforcement proceedings have begun, he can count on lifting the restriction. You can see whether the encumbrance was removed from the apartment in the same ways that are used to obtain information about its availability. To do this, you can use the website of Rosreestr or visit this institution in person.
Additionally, you can contact the bailiffs if they imposed an arrest or a ban on registration actions. You must have proof of debt repayment with you. In this case, the bailiff will be able to provide confirmation of the removal of the burden.
Before selling any property, you should make sure that the encumbrance was removed from the apartment. Rosreestr provides information via the Internet or with a citizen’s personal appeal to this institution.
Consequences of an encumbered home purchase
Usually, information about the various restrictions on the apartment is required for citizens who wish to purchase this property. If they do not inspect the property prior to purchase, they may purchase housing that is seized or secured. The consequences of such a transaction include:
- a bank or bailiffs may confiscate and sell real estate;
- as a result, buyers will be left without an apartment and their funds;
- It is quite simple to challenge such a deal, but it’s quite difficult to return the money transferred to an unscrupulous seller, since there is a possibility that the funds will already be spent on other purposes.
Therefore, checking real estate for encumbrances is a mandatory step in a transaction involving the purchase of any property.
Conclusion
The encumbrance on any property can be imposed by different organizations. It may be represented by bail, arrest, or various prohibitions. You can obtain information about the existence of restrictions on the Rosreestr website or when visiting this organization.
Typically, information is required by potential buyers of the apartment. Information is provided not only to the owners of the facility, but also to other interested parties. Upon receipt of extract from the USRN, you will have to pay a state fee.