Is it possible to sell an apartment on a mortgage. Selling a mortgage apartment: possible options, what you should pay attention to

It is quite difficult to sell real estate acquired on a mortgage and secured by a banking institution. Even if you find a buyer, the owner of the apartment can benefit from such a sale only in some cases, because in most cases he “goes to zero”, or incurs minor losses. In addition, many difficulties may arise, both during the approval period and during the execution of the transaction.

But what to do if you really need to sell a mortgage apartment?
And do you want to do it also profitably, and not at a loss for yourself?

Ways to sell an apartment on a mortgage

Although it is not so easy to sell an apartment that is in a mortgage, there are ways in which this can be done:

• Repayment of the entire loan amount;
• Borrower change.

Repayment of the entire loan amount

This is the simplest and fast method mortgage sale. However, to do this, you must first find a buyer who has enough funds to cover the debt. In this case, the buyer repays the loan in full, after which the banking institution issues him documents confirming the withdrawal of the mortgage. These documents allow the buyer to carry out subsequent operations. If he buys a finished apartment, a contract of sale is signed. In cases where a property is purchased that is under construction, the contract is re-executed equity participation with a building company.

This method is the easiest for the buyer, but for the seller it can be very risky. In most cases, the procedure for processing documents by the bank takes 2-3 months from the date of repayment of the loan, and the buyer does not receive property rights for real estate. There may also be problems with government bodies, as they may refuse to register the transaction.

In such situations, to reduce the risk, bank cells are used: money and documents intended to remove the mortgage encumbrance are placed in one cell after the execution of the purchase and sale agreement, and money intended for the seller is placed in the other. After paying off the debt, the buyer takes the documents from the first box, and the seller takes his part of the money when transferring ownership.

Change of borrower

You can sell an apartment in a mortgage in this way by replacing the contract. However, this will require the consent of the bank. In this situation, the seller's credit obligations are assumed by the buyer. The task of the bank is to check financial condition your borrower.

If the purchased apartment is under construction, a banking institution may offer the buyer to borrow funds to pay off the seller's debt. This method is suitable if the new building was framed in accordance with the equity agreement.

In order to sell mortgaged real estate that is under construction, you need to provide the bank with a statement that you are going to sign an assignment agreement and permission to reissue the agreement issued by the developer. The banking institution reviews the documents within three days, after which it makes a decision.

Selling an apartment in a mortgage is a very complicated procedure that requires certain knowledge and experience. It is very difficult to carry it out on your own. Therefore, in order to profitably sell real estate in Moscow, which is in a mortgage, contact our real estate agency " city ​​service real estate." Thanks to great experience our specialists know how to protect the interests of each of the parties, protect them from unpredictable situations and make sure that both the seller and the buyer are completely satisfied with the transaction.

We will be helpful if you:

• Do you want to sell housing on a mortgage due to any circumstances that are not related to solvency (moving, division, exchange, etc.).
• Need to urgently sell a mortgage apartment, no longer able to make payments on the loan.
• Already have mortgage debt, repeated payment delays;
• Are you at the stage of litigation, enforcement proceedings, and want to get a professional legal assistance(claims for early repayment of a loan, forced sale of an apartment through auction, seizure, arrest of real estate).

"City real estate service" offers:

• An integrated approach to overcoming the difficulties associated with the sale of mortgage real estate in each case.
• Interaction with the lender (discussion of the scope of requirements, coordination of the stages of the process of selling a home, conducting a purchase and sale);
• Assistance in the sale of real estate, taking into account the interests of the client (assessment of the object, entering into information base, advertising, showings to potential buyers, preparation of documents, full support of the transaction).
• Lawyer consulting.
• Protection of the interests of the client in court, in the course of enforcement proceedings.

Contact us, we will free you from problems with the sale of real estate in a mortgage!

The difficult economic situation in Russia has led to an increase in mortgage arrears. In autumn, a new wave of layoffs and bankruptcies swept through the country, people massively lose their jobs and are unable to continue paying mortgage loans. In such circumstances, it remains only to sell the apartment that has not been redeemed to the end to someone who will be able to pay for it.

The difficult economic situation in Russia has led to an increase in mortgage arrears. According to the Bank of Russia, debt in the segment of early delinquency - up to 1 month - in the summer current year amounted to 73% and reached 130 billion rubles. Debts for up to 3 months reached 35 billion rubles, from 91 to 180 days - 22 billion rubles, over 180 days - 109 billion rubles.

In the current period, the situation continues to deteriorate: in the fall, a new wave of layoffs and bankruptcies swept through the country, people massively lose their jobs and are unable to continue paying mortgage loans.

In such circumstances, it remains only to sell the apartment that has not been redeemed to the end to someone who will be able to pay for it.

Procedure

First of all, the seller needs to notify the bank of his decision. According to Art. 29 and 33 of the Federal Law “On Mortgage (Pledge of Real Estate)”, as amended on May 7, 2013, No. 102-F3, the borrower has the right only to use the pledged property, keeping it in proper form, but does not have the right to dispose of it without the consent of the bank - donate or sell to third parties. "Mortgage" repays everything communal payments, is discharged (if any) from the apartment and begins to look for a buyer. Usually, the question of the owner's discharge from the apartment arises when there is already a buyer who dictates the terms: he demands to be discharged before the transaction or in its process.

Banks are reluctant to give permission for the sale of "mortgage" apartments, as this deprives them of part of the profits. In some contracts, in this case, the application of penalties or protective commissions is prescribed. At the same time, if the possibility of selling an encumbered apartment is specified in the concluded contract, the bank does not have the right to refuse the debtor. And it can be problematic to collect fines from a bankrupt citizen.

After receiving permission from the bank for the transaction, the borrower finds a buyer and with his help (as an option) repays the debt to the bank. The amount paid is credited to the total cost of the object being sold, after which the procedure for removing the encumbrance takes place.

Not every buyer is ready to purchase an apartment with an encumbrance, but an attractive factor in this case is quite low price sold object. It happens that a home seems very attractive to the buyer in all respects: cost, location, condition, etc. And then he decides to take a risk.

Often to the scheme early repayment they resort to when buying housing under construction, which is under a mortgage. After paying the bank all the debts and removing the encumbrance, the seller and the buyer of the apartment visit the registration chamber in five working days and draw up the assignment of rights of claim under the agreement on participation in shared construction or register the transfer of ownership under the contract of sale (if the contract of assignment of rights of claim is no longer possible) .

After registering the transfer of ownership or an agreement on the assignment of rights of claim under an agreement on participation in shared construction, the seller takes the balance of funds from the deposit box.

It rarely happens that a new buyer of an apartment simply renews the mortgage on himself. Then the apartment remains pledged to the bank, and the obligations to repay the loan are transferred to the new owner.

The borrower will not be able to execute a purchase and sale transaction without first repaying the debt to the bank. To date, there is no moratorium on debt repayment, but there is a nuance: the borrower is not entitled to repay his debt at any time convenient for him, but only on the day of the next current payment (once a month) according to loan agreement. For this month, the bank will calculate interest on annuitant, that is, equal payments. Of course, they will be the largest this month, since they are calculated immediately for the entire amount of the debt.

Not worth the risk

Selling or buying a burdened apartment on your own is quite dangerous - believes Head of NPK Optimus Roman Pisarev.

Such transactions should be carried out under the patronage of experienced lawyers who control the completion of all accompanying documents.

Payment upon purchase is made to the bank account of the debtor, the apartment must be checked from the point of view of its legal purity, information about the seller must be collected. Every financial movement must be documented.

The new owner (buyer) deposits money into the account of the creditor bank, a mortgage is issued and the encumbrance is removed, and then a real estate purchase and sale transaction is already carried out. To protect the buyer, it is necessary to conclude a deposit agreement or a preliminary sale and purchase agreement in the same form in which the main sale and purchase agreement will be concluded, and this can be either a simple written form or a notarized agreement.

It can be difficult to guarantee 100% security in such transactions. It's good if a citizen buys a "mortgage" apartment for cash: then part of the amount is put into a cell for the seller, and the other part - for a bank employee. And no one has access to this money until the completion of the transaction, its final completion. That is, a loan agreement is a risk, and settlement through a cell is a safe option.

But if the buyer is also a "mortgagor", then it can be difficult to make a deal. Since such a person, as a rule, does not have sufficient own funds to pay off the seller's debt in the required amount. Yes, and the time interval for obtaining a mortgage, removing the encumbrance, providing a package of documents to your bank is small: you need to have time to turn everything over short term. Therefore, two "mortgage holders" are complicated story, and not all lawyers take it.

- The buyer in this case risks that he may lose part of the money transferred to repay the seller's mortgage loan, - comments Marcel Akhmetshin, CEO of Home Way. - After all, he may change his mind to sell the apartment after paying bank interest. The buyer must have an agreement with the bank that the encumbrance will be removed only upon completion of the purchase and sale transaction.

It happens that in the same bank, different departments are engaged in disassembly with debtors, which do not interact with each other in any way. Here is a recent example: the borrower went bankrupt, refused to pay interest. And Sberbank refused to make an *assignment agreement (*an agreement on the alienation of rights to accounts payable to another to an individual or on the transfer of some material obligation, or, as it is called, "assignment of claims" without the consent of the debtor). That is, just a month ago, Sberbank imposed a ban on the sale of even its own collateral. At the same time, the buyer, of course, fears that no one insures him in the transaction, and after transferring part of the money to the seller to cover the debt, he will change his mind about selling his apartment. It turns out a vicious circle. An experienced lawyer is able to find a way out of any situation. Each case requires individual approach: you need to look at the amount of debt the borrower has, which bank lends it, what documents are available.

Armen Khanoyants, Head of Products for Business at CIAN, conducted two such transactions a few years ago and recommends not to be afraid, but to carefully prepare for the sale: “There is no great difficulty or problem in the sale of such objects. Of course, the transaction is more complicated than usual and it is worth contacting a professional realtor who will help you competently present your property on the market, prepare documents and find a buyer. Moreover, a mortgage apartment can also be purchased on credit. If the buyer takes a loan from the same bank, then the transaction will be even easier. I had to sell mortgage housing twice. If you decide to sell an apartment, a mortgage is not something that should stop and scare you, the main thing is to find a client.”

Underwater rocks

“Problems with the transaction may arise, for example, if the loan is taken by the owner in one bank, and the buyer is a client of another bank, - Roman Pisarev shares his experience. - Here is a very recent case from my practice: the seller took a mortgage from VTB, and the buyer turned out to be a client of Sberbank. The Sberbank manager took a tough stance: he refused to finance the purchase of an apartment with mortgage encumbrance. The interaction schemes in this situation between the banks of the Russian Federation are completely unregulated, so the contract process comes to a standstill. Within one bank, the mechanism of such transactions is better debugged: there is a laying of funds, equal to the sum debt, in a cell - under a bank employee, and the difference goes to the seller. At the same time, the completion of the transaction and the removal of the encumbrance from the seller are recorded, and the mortgage loan is already encumbered new owner(buyer). Domestic banks do not go to offsets. Therefore, the seller (either with his own funds or with the buyer's funds) repays the debt, after which the buyer acquires ownership of the purchased object, which is transferred as a pledge to the bank, already under a new loan agreement. Now the new owner of the apartment will pay the bank loan payments for it.

The buyer never assumes obligations under the seller's loan agreement. The borrower's bank usually insists on the repayment of all debts of the client in order to remove the encumbrance from the object, i.e. on the return of the entire loan amount. After that, the buyer's bank can already consider this object for lending.

The whole procedure is as follows:

The seller and the buyer conclude a preliminary contract of sale and notarize it, if the main contract of sale implies notarization.

The buyer then pays cash, necessary to repay the debt of the borrower to the bank, into one deposit box, and the amount remaining upon purchase - into another.

An encumbrance is removed from the apartment in the Rosreestr authorities and the transfer of ownership to the buyer is registered - which is submitted in one package of documents. Then the bank and the borrower get access to their cells - after registration and registration of the transfer of ownership under the sale and purchase agreement in Rosreestr.

You can entrust everything to the bank

It happens that the borrower for some reason good reasons cannot personally control the process of selling his “mortgage” apartment (he left to live in another country, ended up in prison, became seriously ill, has no time and opportunities, etc.). Then the sale of the mortgaged apartment has to be dealt with by representatives of the creditor bank.

In this case, the bank itself is looking for a new buyer, the transaction is carried out between the bank manager and the new client in the absence of the first borrower. The rest of the amount from the transaction is placed in a safe deposit box (if any) and the borrower (or his authorized representative) can pick it up after the bureaucratic formalities are completed.

At the same time, the bank itself is engaged in the preparation of all documents, the assessment of the acquired real estate and its insurance, the re-registration of the encumbrance in Rosreestr on the occasion of the appearance of a new owner of the apartment.

Can't earn

Can a borrower somehow make money on the sale of his mortgage apartment if he is a participant in shared construction?

Roman Pisarev:

It was once possible, but not in the current state of the economy. The time for such earnings has long passed, the market has “dipped” very much. Today it makes no sense to borrow money from a bank in order to earn on the difference between the cost of an apartment at the foundation pit stage and the final stage of construction. In previous years, the market grew, and today we are seeing stagnation or even a drop in demand and prices for a "square". Developers are trying to attract customers with more and more discounts. The deadlines for commissioning objects are constantly being postponed, inflation is progressing, and the risks of “going into the red” in such a business are very high, and profits are negligible. Legislation has also changed not in favor of the buyer. If earlier a tax-free transaction for the sale of real estate could be carried out 3 years after the purchase of an apartment, now - only after 5 years. Yes, and the tax base is now calculated from cadastral value housing. Even if the cost of the transaction is underestimated, these circumstances hit the buyer's pocket hard.

Isn't it easier for the buyer to immediately pay off the seller's debt to the bank and then immediately buy this apartment?

Lawyers strongly recommend that buyers do not purchase a mortgaged apartment by paying the balance of the apartment seller's debt. After paying off the debt, the bank will remove the encumbrance from the apartment, and the seller will become the full owner of the property.

The buyer will no longer be able to force him to conclude a contract of sale. However, in this case, you can make sure: it is necessary to conclude a preliminary contract of sale indicating all the essential conditions.

The material was prepared with the participation of Vadim Bashir-Zade, a lawyer of the Arbat Moscow Bar Association, Alexander Moskatov, Managing Director of the Brokerage Department of Miel - a network of real estate offices, the press service of VTB Bank, and the CEO of Metrium, Natalia Kruglova.

Will the price of such an apartment be much lower than the market price?

As a rule, the price of such an apartment will be 10-15% lower than the market price due to the encumbrance. The level of discount largely depends on the location of the house. Apartments in the city center, which are pledged to the bank, are sold no less successfully than the same housing, but without credit history. But in the residential areas of the city, the owners of mortgaged apartments have to make discounts, since the competition is higher.

Do not forget that you may have to pay interest to the bank for support.

A situation may arise when the buyer himself needs money to buy an apartment with an encumbrance. In this case, he will often be able to take out a loan only from the bank, which is the mortgagee. This will entail additional costs for the buyer in connection with the approval procedure as a borrower.

What documents are required to complete such a transaction?

When making such a transaction, the bank requests from the buyer all the documents necessary to register him as a borrower.

Such documents are usually a certificate of income in the form of 2-NDFL, passport data, data on family composition and a receipt from the spouse confirming consent to the loan, an extract from the house book. The agreement with the bank is concluded in writing with the participation of the bank itself.

Further, when concluding a contract for the sale of an apartment, it is imperative to request an extract from the USRR for the apartment and an extract from the house book. This is necessary to obtain information about the presence of other encumbrances, as well as the presence of registered minor family members.
It is better to certify the contract of sale with a notary - this is an additional guarantee of the security of the transaction.

What is the procedure for selling a mortgage apartment?

A buyer who is ready to buy such an apartment needs to go through the approval process at the bank that issued the mortgage. This procedure is carried out in accordance with all the rules of the bank, no concessions and discounts are made. In fact, this is a change of borrower.

Do not forget that not everyone can become a buyer of an apartment burdened with a mortgage. Since not only the apartment is for sale, but also the loan itself, the buyer must meet the bank's criteria for mortgage borrowers. The criteria differ depending on the bank: there may be requirements for the amount of income, credit history.

With this scheme for selling an apartment, the seller and the buyer rent two cells. In one, an amount equal to the debt is laid, in the second - the remainder of the cost of housing. The parties sign a contract of sale and send it to Rosreestr. Then there is a transfer of ownership, and with it - and a pledge obligation to the buyer. After that, the seller takes money from the first cell to pay off the mortgage. The bank, in turn, issues a mortgage. The buyer must submit this document to Rosreestr, receive an extract from the USRN on the absence of encumbrance. Only after that the seller gets access to the cell with the second part of the money. This is the most safe way implementation of a mortgage apartment for all parties to the transaction.

How would such a deal legally look like?

The buyer of such an apartment takes the place of the mortgagor and bears all obligations under the mortgage agreement, including those that were not properly performed by the original mortgagor. That is, the buyer of an apartment in a mortgage becomes a mortgage debtor himself. With this method, a person buys both an apartment and a loan.

Is it possible to sell an apartment with the assignment of obligations to make mortgage payments to the bank?

If we are not talking about the option when the apartment is sold, and the mortgage is immediately paid off from the money received, namely, about the situation when the buyer, when purchasing an apartment, undertakes to make mortgage payments to the previous owner, then we need to check with each specific bank whether this is possible .

As it turned out, not all banks work with such a scheme. So, VTB Bank said that their clients can sell a mortgaged property only if the mortgage debt to the bank is paid off.

Realtors also noted that theoretically this option is real, but practically in their practice they have met this just a few times, and large banks do not have such an option at all.

In their opinion, it is easier to sell a mortgage apartment in the "traditional" way - with the repayment of the loan from the proceeds, this is already a proven technology that is familiar to banks and does not carry risks for the buyer.

Both the advantage and the disadvantage of acquiring real estate with a mortgage at the same time is that the payment for the apartment takes place over many years. Borrowers often have a question: is it possible to sell an apartment on a mortgage and buy another on a mortgage?

The scheme for obtaining a mortgage is already familiar to every borrower who has issued an apartment on credit. Consider how to sell real estate that has property encumbrances.

Reasons for changing apartments

Depending on the reasons for which a change of apartment is necessary, the issue of buying and selling real estate can be resolved in different ways. Realtors note that the most popular reasons for changing one apartment purchased with a mortgage to another purchased under the same program are:

• improvement financial situation borrower or increase in family. Often, mortgages are issued by young families who, after having children, seek to improve their living conditions;
• change in family circumstances. This is how borrowers veiledly call a divorce when they need to sell property acquired in marriage, split the money and purchase smaller apartments;
• worsening financial situation. Banks issue mortgage loans not only in rubles, but also in dollars or euros. Over the past couple of years, the domestic currency has depreciated by more than two times, while wages have remained at the same level, and now many families are simply unable to repay the loan taken.

There may be other reasons why the borrower needs to change housing, for example, moving to a new job and not wanting to get there through the whole city.

Most often, the reason for selling an apartment is the need to change the place of residence or change marital status borrower.

If it is planned to increase the living space or move to a more prestigious area, that is, the property planned for purchase is more expensive and liquid, the borrower can apply to the bank with a question about replacing the collateral. However, this option is possible, mainly if the acquisition of new housing is under an exchange agreement, or the borrower first buys new property and then sells the old one. Such situations are rare. As a rule, the borrower must first sell housing, and then buy a new one. And in such cases, the borrower is interested in one question: is it possible to sell a mortgage apartment? Since the purchase of a new living space will go according to the usual mortgage registration scheme.

What does the law say?

Issues related to the acquisition of real estate in a mortgage are regulated federal law“On Mortgage (Pledge of Real Estate)” (hereinafter referred to as the law). Article 37 of the aforementioned law says that for the alienation (simply speaking, sale) of the pledged property, the consent of the pledgee, that is, the bank, is required. Thus, without the permission of the bank, the transaction will not be entered in the state register.

If the seller somehow bypassed the law and sold the pledged property, then in accordance with Article 39 of the law, the bank has the right to demand early fulfillment of obligations, including from the buyer, or the recognition of the transaction as invalid.

Important! Without the consent of the bank, the transaction will be invalid! Ownership will not be transferred to the buyer.

How to get permission to sell?

So, the main condition is to obtain permission from the bank to sell real estate. Almost all banks have already established a clear procedure for issuing permission to alienate property. Financial institutions are interested in paying the mortgage, but who will be the owner, they are not interested.

As a rule, alienation is possible subject to the full repayment of the mortgage loan. If the borrower is not able to close the debt on his own, then the situation becomes somewhat more complicated. First, the borrower must find a buyer who is ready to pay the amount for the mortgage, only after that the bank removes the burden, and the transaction is possible.

Explain to the bank the reason why it was decided to sell the apartment, and he will most likely meet you and reduce the time required to complete all the paperwork.

Problems associated with the sale of a burdened apartment

Selling an apartment burdened with a mortgage is a rather difficult task, since not every buyer will agree to purchase such a property. This raises two problems:

• narrow circle of buyers. The most difficult thing in the sale of mortgage real estate is finding a buyer. Many are simply afraid to contact the bank for fear of losing both real estate and money in the future. Given the rich selection of real estate for sale, finding a person willing to buy such an apartment can be a real challenge;
• the need to sell at a lower price. Since the circle of potential buyers is significantly narrowing, in order to make the offer more attractive, one has to make significant discounts, giving up an apartment at a price below the market one.

In addition, sometimes banks impose a penalty for early repayment of the mortgage. In this case, you need to calculate all the costs so that it does not turn out that the transaction is unprofitable.

When selling an apartment burdened with a mortgage, get ready to lose a little in its value.

Ways to sell an apartment

The most likely ways to sell an apartment burdened with a mortgage are:

• independent sale to the buyer for cash;
• sale of an apartment to a buyer who arranges it for a mortgage;
• sale with the involvement of a real estate organization as an intermediary.

Let's consider all the options in more detail.

self sale

In this case, the seller is looking for a buyer on his own.

The essence of the transaction is as follows. First, the buyer gives the seller the part of the money that needs to be paid on the mortgage in order to pay off the debt. After that, the seller and the representative of the banking organization remove the encumbrance from the apartment, and the buyer registers the rights to the property, simultaneously transferring the remaining amount.

The main problem is that it is necessary to find a buyer who will agree to deposit the necessary amount before the transaction. This operation is quite risky, because in case of dishonesty of the seller, the buyer may be left without an apartment and without money. To protect yourself, the buyer may require to register the deposit agreement with a notary.

The main problem when selling an apartment burdened with a mortgage is the need to convince the buyer to make an advance payment.

Sale to a buyer who arranges a mortgage

In this case, the ideal situation is when the buyer has the amount needed to pay off the mortgage. The seller pays the bank for the money received and removes all restrictions. After that, the buyer provides the documents necessary for the transaction and draws up a mortgage, and the seller receives the rest of the funds from the bank.

It is desirable that the mortgage is taken from the same bank. Then you can count on a faster and simpler procedure, and the documents of the future buyer can be attached to the application with a request to allow early repayment of the mortgage.

Registration of mortgage buyers in the same bank is ideal for both the seller and the buyer. In some cases, the bank is ready to "replace the borrower" under the mortgage agreement.

Selling an apartment with the help of a real estate agency

The situation is very similar to the first way to sell an apartment, only a realtor is looking for a buyer. For this service, he takes a certain percentage. Engaging a well-known real estate agency in the market as an intermediary will help convince a potential buyer that the seller does not have any malice and in the need to pay part of the funds in advance.

Large real estate agencies can issue a loan to pay off a mortgage to remove encumbrances from real estate. This will increase the chances of a faster sale.

Results

So, it is possible to sell a mortgage apartment and buy another one, and there are even several ways to do it. Of course, the presence of encumbrances complicates the procedure for finding a buyer and closing a deal, but it is not a problem that cannot be solved.

If a person has a need to get rid of the encumbrance of a mortgage loan, he can sell the mortgaged property. Also, such a need may arise when it was necessary to expand the living space. Next, we will consider how to sell an apartment in a mortgage with minimal risks and costs.

Option number 1: transaction through cash

essence this method is as follows: to find a buyer who agrees to buy an apartment that is pledged to the bank. For example, the living space is estimated at 2500 tr, and the debt to the bank is 1100 tr.

In this case, the buyer transfers the amount of the debt (1100 tr.) to the seller, who, in turn, settles with the bank, removing the encumbrance, and then draws up a purchase / sale agreement. The buyer remains to pay 1400 tr. and he will become the new owner of the apartment.

It should be noted right away that in this case it is quite difficult to find a buyer, since there will be a factor of distrust and unwillingness to go through the circles of hell, in the form of going to various authorities (Registration Chamber, MFC, etc.). However, this way of selling real estate burdened with a loan is the most profitable for the seller.

Procedure

The owner of the apartment must officially notify his bank that he is going to sell the apartment that is in pledge. The standard mortgage lending agreement contains a clause according to which the client does not have the right to sell real estate (until the debt is fully repaid) without obtaining the documentary consent of the bank.

If you do not warn the bank in a timely manner of your intentions, it will simply cancel the purchase / sale agreement. In this case, litigation cannot be avoided.

Banks are reluctant to approve such actions on the part of customers. This is due to the fact that in the event of the sale of a mortgage apartment (in fact, early repayment of the loan), a person ceases to bring income to the credit institution in the form of interest payments.

For this reason, in most cases, a person will have to explain the reason for early repayment. These may be:

• deterioration in the standard of living (dismissal, demotion, etc.), in connection with which he is no longer able to make payments on the loan;
• Moving to another city;
• health problems (documentary evidence in the form of hospital certificates will be required), etc.

Having resolved all issues with the bank, it is necessary to find a buyer who agrees to buy an apartment on such conditions - to deposit part of the funds (with which the loan will be paid) before the execution of the purchase / sale agreement.

The next step is the transfer from the seller to the buyer of the deposit (should be the amount of the debt on the loan). This procedure it is necessary to document it (to be honest today, no one believes it anymore): a receipt is written by hand, in which the fact of transferring money is registered.

An agreement is drawn up for it indicating that the seller undertakes to sell the apartment after the removal of the encumbrance at a pre-approved cost. Signed papers are recommended to be certified by a notary (this is more necessary for the buyer in order to protect himself).

The contract must include the following points:

1. Transaction amount and settlement procedure. The sale price is divided into 2 parts: a deposit (required to repay the loan) and the remaining amount, which the seller receives "on hand". Deposit boxes are usually used to transfer funds. The contract states that before the purchase / sale agreement is drawn up, only the buyer has access to these cells. When the execution of all papers is completed, the buyer has access to a cell with cash.
2. Terms for the sale of an apartment and the removal of encumbrances from the bank.

After filling out all the papers, the participants in the transaction are jointly sent to the bank. in order to repay the balance of the debt (paid from the provided deposit). After payment, you need to take to the bank that the debt has been repaid, as well as a mortgage on the apartment.

After that, it is necessary to remove the burden from the living space. To do this, the seller and the representative of the bank must contact the MFC or the Reg.chamber and submit an application that the apartment is no longer in the mortgage. The registrar issues the appropriate form to fill out.

You will need the following documents to apply:

• owner's passport;
• evidence that the debt has been fully repaid;
• contract of sale;
• housing mortgage.

Upon completion of registration, within three days, the seller must pick up the provided copies of the documents, as well as an extract on the removal of the encumbrance from the USRN.

After all the bureaucratic manipulations, you can start selling your home. Further actions do not differ from the standard purchase / sale procedure.

Option number 2: the potential buyer is also burdened with a mortgage

Another way is to find a buyer who also has a mortgage on his shoulders. It is necessary to clarify how much he has from personal assets, and how much is encumbered. Necessary condition is to ensure that the buyer has enough cash to pay off the seller's mortgage debt, and loan amount enough to pay the rest of the cost of the apartment being sold.

Consider the procedure on a specific example:

1. The property is sold for the amount of 3000 tr. The amount of the seller's debt is 900 tr. The buyer has on hand 1100 tr., and the total approved amount of mortgage lending is 2000 tr.
2. If both parties agree to each other's terms, the buyer transfers (as in the first case by receipt) the amount of 900 tr. This will be a deposit for an apartment.
3. Using the received deposit, the seller repays his mortgage debt. After that, he, together with a bank employee, removes the encumbrance from real estate in the MFC or the registration chamber.
4. Then the seller, together with the buyer, presents to the bank required list documents for registration of a mortgage and a mortgage.
5. After the bank concludes the buyer's mortgage agreement, both participants in the transaction draw up a standard purchase / sale agreement.

As a result, the buyer had 200 tr. in his hands, which he transfers to the seller at his own expense safe deposit box. After successful registration of the transaction, the seller receives the remaining 1900 tr. in cash from the bank, or through the same cell.

Option number 3: sale with encumbrance by the bank

This method is almost identical to the one presented at the very beginning. The only difference is that a person shifts the responsibility for finding a buyer to the bank. In such cases, credit organizations go forward, because they are interested in returning collateral. So, such a scheme is actively practiced by Sberbank, VTB and a number of other large banks.

Acting according to this method, the seller relieves himself of some of the responsibilities (search for a buyer, preparation of documents, etc.). However, in most cases it loses 5-10% of the appraised value of the apartment. This is due to the fact that the bank does not seek to sell real estate expensive (since it takes a long time), but tries to do it as quickly as possible.

On the video about the sale of a mortgage apartment

Conclusion

Each of these methods of selling mortgage property has a number of features. The most profitable (for the seller) option is an independent search and sale for cash.

In this case, if there is time, you can sell the property at a real value. However, in conditions of severe time constraints, it is better to use the help of a bank. As a rule, such companies have partners for the accelerated redemption of mortgage housing.