Recently, an increasing number of residents of Russia are faced with the need to purchase real estate on a mortgage. The thing is that this method is the most affordable. To take a mortgage, you need to consider all the possible risks, which is almost impossible. Therefore, there are often cases when a house bought on credit needs to be sold. Is it possible to sell an apartment in a mortgage "Sberbank"?
Why are mortgage apartments sold?
The main reason for the sale of real estate in mortgage is the insufficient amount of money to pay off debt to the bank. There may be several reasons for this. Here are the most common ones:
- reduction of the borrower at the current place of work;
- disagreements between loved ones who jointly pay a home loan;
- divorce;
- the death of a relative who helped repay the loan;
- disability when the borrower did not take out insurance.
How banks relate to the sale of mortgage real estate
When the borrower is no longer able to repay loan payments on time, often the only way out is to sell such a home and buy a new, cheaper one. It is possible to sell an apartment under the mortgage of Sberbank, but an appropriate permit must be obtained for this.
The Bank is interested in timely payments without delays. Therefore, in order to prevent such situations, they often help borrowers to sell real estate.
To sell an apartment through the Sberbank mortgage, you need to draw up a contract for the sale of real estate. If the apartment is sold, the bank will make a profit, because it will repay the previously issued money and find a new borrower.
Removal of encumbrance
According to the Federal Law "On Mortgage" (Articles 29 and 33) as amended in 2013, the rights of the borrower are:
- operation of real estate, which is pledged to the bank;
- property maintenance in a suitable form for living.
An encumbrance is a condition that imposes on the copyright holder prohibitions of various nature related to the ability to use housing. If we talk about the mortgage, the borrower does not have the right to transfer the acquired property to third parties. This procedure is regulated by Federal Law 102 (Article No. 6). As an exception, only the case of inheritance is considered.
Removing the burden means that the copyright holder is exempted from the ban on the transfer of real estate and can dispose of it as you wish. The burden on the mortgage apartment can be removed only when the borrower has received permission from the creditor bank and has completed all the procedures related to the sale.
How to sell an apartment bought in a Sberbank mortgage without permission
Bank authorization is not required if the burden has already been removed from the borrower. If the borrower is against the bankβs participation in the sale of real estate, he needs to fully pay off his debt. How to sell an apartment in a mortgage "Sberbank" in this case? There are two ways.
The borrower can take another loan, but already consumer. After all the necessary documentation has been collected and the funds received, you need to pay off the residual debt on the mortgage. After that, you can safely proceed to the sale.
You can also find a buyer who is not afraid to take risks and is ready to take a "word" to the seller. In this case, a receipt is drawn up, according to which the seller takes money from the buyer to pay off the mortgage. Thus, the burden is removed. However, it is rather difficult to find such buyers.
How to sell an apartment with a charge (mortgage "Sberbank"), if permission is obtained
First, you should consult with a bank employee. If the borrower can reasonably approach the arguments for the sale of real estate, the bank will go forward and offer the most rational way to solve the problem.
The following is the process of preparing a written permission from the bank. Once a buyer is found, the borrower needs to notify the bank of the details of the purchase and sale, as it may be necessary to make some changes to the housing loan agreement.
Military mortgage
How to sell an apartment in a mortgage "Sberbank", if it is military? The difference between a military mortgage is that credit and special-purpose loan agreements are signed at the same time. The target loan agreement for housing must be checked and agreed with the agency "Rosvoenipoteka". Can sell an apartment in a mortgage at Sberbank in such a situation is a moot point. Since the coordination of all details is necessary both with the bank and with Rosvoenipoteka, the important points are:
- occupation of customers;
- stage of loan repayments;
- whether the buyer can repay monthly payments.
Sale without a bank
At his request, the borrower can conduct a transaction to sell the apartment on their own without involving the bank in this process. After a buyer is found, it is necessary:
- find out the amount of debt and get an appropriate statement;
- conclude a preliminary contract for the purchase of real estate and notarize it;
- repay the debt from the funds allocated by the buyer, the remaining amount is stored in the bank cell ;
- get documentation from the bank about the removal of the burden;
- apply to the regal chamber, the burden is removed after 28 days;
- after obtaining the rights to dispose of the property, draw up a contract of sale.
It can also be done through real estate agencies. In this case, the seller will not enter into dialogue with the bank, collect documentation and look for buyers of the apartment. These issues will be decided by the agency staff. For such services, a fee of 5-10% of the total cost of housing is charged.
Bank sale
The buyer and seller remove two safe deposit boxes in the bank. The buyer divides the amount into two parts: one is needed to pay off the debt, the second will go to the seller after the transaction. Access to the cells will be possible for the seller after presenting the registered contract of sale and certificate of title to real estate. If the transaction did not take place for one reason or another, the buyer can withdraw the money. While the money is in the safe deposit boxes, the regpalate removes the burden, the transaction is processed through a notary public, which is selected by the creditor bank.
Often they sell not real estate, but the mortgage loan itself, on which it was purchased. How to sell an apartment located in the Sberbank mortgage if a new borrower appears? This procedure is consistent with the bank, and a new loan rate may apply to the new borrower. The seller receives the difference between the value of the apartment and the remaining debt.
If the buyer takes a mortgage loan apartment, it is best to do this in one bank. The debt refinancing procedure in a new bank is always more difficult.
Real estate sales tax
The rules for paying tax on the sale of mortgage housing are similar to those that apply when selling an apartment that is already owned. If the apartment is owned no more than 3 years, then the seller-borrower pays the sales tax. If, however, more than 3 years have passed since the acquisition of the right of ownership, the seller is exempt from paying tax.
Important
How to sell an apartment in a mortgage "Sberbank" and not lose investment? This is a rather difficult task, since mortgage housing is usually sold at low prices. Selling a mortgage apartment lasts a relatively long time and requires the collection of a large amount of documentation, and payment is made in cash. Many potential buyers are not ready to take such risks. Mortgage transactions involve rather high costs.
Sberbank, like any other credit institution, will necessarily carry out control of the transaction at each stage. Without a certificate of current debt from the bank, it is impossible even to register a contract of sale through Rosreestr. If the housing under construction is sold by re-issuing an equity agreement (assignment of rights), then the bank will charge a commission in the amount of 1% of the amount allocated to it for the purchase of housing. All stages of the transaction must be documented in the mortgage agreement.
How to sell an apartment in a mortgage "Sberbank"? This is a rather complicated and time-consuming procedure, which requires a relatively large investment of time and money. However, if the final decision on the sale of mortgage housing is made, this is entirely possible. Such transactions are very risky, so the cost of mortgage apartments on the market is much lower, and buyers are less willing to purchase such housing.