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Repayment of the mortgage loan of the deceased soldier at the expense of Federal subsidies

Legal aid 22.10.2019 at 10:52

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Military personnel participating in the Federal program of savings and mortgage system has the right to purchase the premises at the expense of credit funds. In this case, the contract of purchase and sale and mortgage of the premises, and the Ministry of defence in the person of the authorized body shall make a payment on account of repayment of principal on a mortgage loan. If accumulated funds are insufficient, the loan amount takes a loan. Essentially, the loan is for the full amount, but part of the amount or fully repaid by the Federal subsidy. If loan funds are not fully repaid Federal subsidies, the debt is repaid at the expense of the borrower. It is also necessary to consider that the repayment of the debt in a General manner, the apartment is considered to be jointly acquired , if acquired during the marriage. Military service is associated with a high risk of death of the soldier - participant of the program of accumulative and mortgage system. If a soldier - participants of the Federal program of savings and mortgage system dies, the ownership right to housing in universal succession passes to the heirs accept the inheritance. For the inheritance, the heirs have the right to submit to the notary the statement of acceptance of inheritance up to six months. The registration of inheritance rights occurs after six months from obtaining a certificate of inheritance. With the acceptance of the inheritance the heir accepts the debts of the deceased, including debts on credit (mortgage) contract. The procedure of registration of rights of inheritance quite long, and payments under the credit agreement need be made on a monthly basis. Besides, among the heirs is often a dispute as to the amount of inheritable property of priority inheritance and on other grounds. In this case, the dispute is settled by court at the suit of an interested party. In order to improve and expedite the process of payment of debt on a mortgage it is planned to amend Federal law dated 20 August 2004 No. 117-FZ "On accumulative and mortgage system of housing for military personnel".

According to the articles 24 and 25 of the Federal law from may 27, 1998 № 76-FZ "On status of servicemen" and article 21 of the Federal law from 12.01. 1995 № 5-FZ "About veterans" family members of dead servicemen housing subsidy is granted in an extraordinary manner and in full. The draft Federal law "On amendments to articles 4 and 12 of the Federal law "About accumulative and mortgage system of housing for military personnel" provides for early redemption by the authorized body of the debt on the mortgage loan (loan) of the deceased soldier in a single payment due to one-time charges for a nominal accumulation account of the participant in the amount of his debt on the loan. The payment of funds, supplementing accumulation for housing is in this case minus the amount of the lump sum accrual. This approach allows to increase the efficiency of use of Federal budget funds, and also quickly to solve the problem of providing living quarters of these family members and exercise full early repayment of the loan irrespective of completion of activities related to the registration of rights of inheritance and renewal of the credit agreement (loan agreement) on heirs. Thus, a mortgage loan (mortgage) agreement will be repaid as a lump-sum payment from the Federal budget.