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#dangerprone: how to remove encumbrances from the apartment themes of the day 11.02.2020 at 21:00

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Paid off the mortgage and your apartment? It is not so simple. How to remove encumbrances and obtain the apartment at your disposal? And what to do with an electronic mortgage?

What is the burden

Until full repayment of the mortgage the apartment is in pledge at Bank. Encumbrance intended to limit the owner's rights of use of property. Often, this means that you can live, to make repairs in the apartment and even rent it out if the latter is not prohibited by the credit agreement. But the transaction for the sale, exchange or donation of the apartment will have to negotiate with the Bank.

In most cases, the removal of encumbrances fit in five steps.

— to Take in Bank the certificate of full repayment of the mortgage loan.

— Submit to the Bank an application for issuance of a mortgage. Usually the Bank gets the document in a few days. The maximum period of a calendar month, unless otherwise specified in the loan agreement. Some banks offer fast-track procedure for issuing a mortgage for a fee.

However, as practice shows, the process may be delayed. In the "people's rating" of still appear regularly on the complaints that a particular Bank does not issue a mortgage for several months. And one of the reasons is the loss of the document.

at the stage of registration of the mortgage you have on hand had to stay a duplicate. The original is kept at the Bank. So if the Bank lost document, you can use the duplicate for the removal of encumbrances. If the duplicate you do not, the Bank should obtain it within the building or draw your own.

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— Submit documents to the MFC. To make an appointment and bring the mortgage, a certificate of repayment of the loan and a statement about the removal of encumbrances.

Apply for repayment of registration record about the mortgage and through the portal of Rosreestr. But this will require a digital signature. To register on the website of Rosreestr through the account of the IAIS. Rosreestr will remove the encumbrance for three days after the filing of the relevant documents.

to Get information about the removal of encumbrances.

to Check whether the encumbrance is removed. This can be done free at a reference service of Rosreestr, cadastral putting, a conventional number or address or personal account. Another option is to order a statement of the egrn. But for every such certificate must pay a state fee. In 2020, its size is 460 rubles.

Some banks offer a simplified procedure for the removal of encumbrances. For example, in Sberbank encumbrance is removed automatically, that is to write an application to come to the Bank or IFC is not necessary. But to check, whether the encumbrance is removed, one month is recommended in any case.

Ad block What to do with an electronic mortgage?

in 2018 in Russia e-mortgages. One of the goals of the introduction of electronic mortgages is to eliminate the possibility of a loss. "Electronic mortgage similarly provides execution of the obligations of the borrower to the creditor Bank, as documentary pledge. But the form of the securities — book-entry — virtually eliminates the risk of loss that always exists in the presence of documentary turnover", — said the head of the legal Department of legal Bureau "Padva and Epstein" Tatiana Manakova.

the Electronic mortgage signed by the electronic digital signature and transferred by Rosreestr is deposited with the Depositary. Information about it is reflected in the Unified register of real property rights.

to Apply for cancellation of e-mortgage will not have, says the managing partner of the legal company "Genesis" Artem Denisov. Termination of the mortgage is carried out by Federal registration service on the basis of the joint statement the Bank and the owner by providing a Bank statement.