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The Transaction took place, the initial fee paid and the title transferred to the buyer. And suddenly, the Bank changed its mind and denied the borrower for a mortgage loan. Why is this happening?
"the Apartment is not a sack of potatoes!"
"It was 29 February, Saturday, at 10 a.m.," recalls Olga. On this day she went to the Bank with her daughter Daria to help her with the mortgage. "We came, drew up a contract of sale, signed the loan agreement and transferred to the seller 50% of the fee is 2.2 million rubles. We were sent to the MFC. In MFC we all safely passed, already exhaled, returned home. And then a phone call. We're denied the loan," — says Olga. When she and her daughter came to the office of VTB, a Bank employee was already prepared documents on the termination of the credit agreement. Sign them Daria refused.
Began a long investigation. But a few months from a standstill it did not move. According to Olga, the situation was aggravated by the fact that the seller of the apartment he planned to invest the money in real estate. But since only got half, he had to take out a mortgage to pay for the transaction, the interlocutor said Banks.ru. As a result, the Darya was the owner of the apartment for which paid only 50%, and the seller, among other things, have all this time to pay an unscheduled loan, said her mother. "I thought that if the Bank guarantee, if the signed documents... And it turns out, us Bank left, like blind kittens. The apartment is not a sack of potatoes!" — throws up his hands it.
According to Olga, the Central Bank on the complaint of her daughter and the apartment seller replied that such questions are not engaged. Now Daria and her mother claim in court.
To the complaint of Olga in "the National rating" the representative of VTB said that its request was made in a negative decision, and added that the Bank did not provide reasons for refusal. In a press-service VTB said that in accordance with paragraph 1 of article 821 of the civil code, the Bank may deny the loan even after signing the contract with the borrower. "The reason could be the emergence of more information — for example, the presence of arrears, adverse credit history or risks associated with the collateral," — explained in the Bank.
Olga admits that doubts the Bank could occur due to the "history" of the apartment. "But there is nothing criminal was not. The fact that we drew attention to the apartment in which Dasha was already registered. We shot her before, she was in our property when we sold it, but that was years ago," she said. "Questions may be arose from them, but the Bank had to check it out before you sign a loan agreement and when we have transferred money", — says Olga.
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In July, a similar story happened with a client of Sberbank, which bought the apartment in pledge at Bank, through a mortgage broker. The only difference is that before signing the documents, the case is still not reached.
"the Buyer gave the Deposit — 50 000 rubles, the seller to give the Deposit is not in a hurry, hoping that the Bank will meet its customers," said Banks.ru broker Catherine. The preparation took more than a month, in addition to the Deposit the buyer has incurred costs at the conclusion of the marriage contract and gasoline (thousands of kilometers), and even your vacation spent in anticipation of the deal. "Seller is a disabled person is a wheelchair user. Power of attorney issued to the spouse — consumption of about 1 500 rubles. Besides, according to the realtors is the seller, he took in April, mortgage vacation for a month review, the debt increased by about 100 thousand rubles", — says Ekaterina. However, after the date and time the transaction was assigned, the buyer was met with a refusal from the Bank. "I have this situation happened for the first time, from colleagues learned that recently often happens in pre-approved mortgages of the savings Bank," says a mortgage broker.
the press service of Sberbank said that the Bank is entitled to refuse to provide mortgage loan to the date of signing by the parties of the loan agreement if there are circumstances indicating that the debt amount is not repaid by the borrower in the contractual deadlines.
Can the Bank terminate the contract unilaterally?
the Surveyed Banks.ru lawyers disagree on the legality of the actions of the Bank, cancel the deal after signing and recording documents.
Lawyer Vladimir Postnik notes that, based on the provisions of parts 2 and 3 of article 10 of law No. 102-FZ "On mortgage", the contract is concluded and enters into force from the moment of its state registration. "If the loan was approved in the result of a clerical error, the Bank ought to contact an appropriate statement in management of Federal registration service with the aim of preventing state registration of the credit agreement and the contract of purchase and sale of real estate," he said. If the Bank did not, the borrower is entitled to enforce the loan agreement in court, the lawyer says.
Trustee Anna Maganak agree that a unilateral refusal of the Bank to perform its obligations under the loan agreement without explanation is illegal. At the same time, judicial practice proceeds from the fact that the borrower is not entitled to insist on compulsory collection from a Bank under credit agreement amount, she adds. "In this case the citizen has the right only to claim damages for non-performance of obligations under the contract," explains Miganoc.
However, article 821 of the civil code expressly specifies that a creditor has the right to refuse granting to the borrower under a credit agreement fully or partially in the presence of circumstances, obviously testifying that the borrower provided the amount is not returned on time, draws the attention of the managing partner of the legal company "Genesis" Artem Denisov. "In practice, there are disputes that can be referred to such circumstances and whether the parties to identify them themselves," he says.
"the Law does not provide specific cases when the Bank when you signed the contract, but prior to the issuance of money can, in fact, to refuse its execution. However, prohibitions on the imposition of such cases, the law also does not contain" — emphasizes the partner of the bar Association Pen & Paper Stanislav Danilov. According to him, banks are often prescribed in the loan agreement the cases in which they may refuse the loan and to terminate the contract unilaterally.
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Experts agree in opinion that the Bank should be substantial grounds for the termination of the loan agreement unilaterally. For example, the Bank can refuse to grant mortgage if you suspect fraud. "In this case we can say that the deal was invalid because the customer entered the Bank misled," — said managing partner of law group Novator Vyacheslav Kazakov.
the Most common method of fraud in obtaining credit — the distortion of information about the solvency of the borrower and paper overstatement or, conversely, lowering the value of the purchased object. There are times when the seller and buyer collude and keep back on essential points with respect to the object, said Kosakow. For example, hide the collateral agreements that are not registered in Rosreestra not informed of alterations or dilapidated real estate.
Suspicious points with the property may be uncovered after the signing of the credit agreement, at the stage of registration of the pledge, explained Banks.ru in one of the largest credit institutions. The Bank may be alerted, for example, the frequent change of owners or several transactions of purchase and sale of object between relatives in a row.
In practice, the denial of credit after the transaction — a fairly rare occurrence because in most cases the transaction and the issuance of credit happens day to day, says Director General of "mortgage.Center" Olga Bazhutina. The calculation type when the loan is granted after the state registration of the transaction and the Deposit is used infrequently and primarily in transactions on the existing mortgage. Therefore, the rejection of the loan after the transaction — a phenomenon that is really unique.
Evgeniya OGURTSOVA, Banki.ru
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