How to sell an apartment in a mortgage "Savings Bank"? Can I sell an apartment in a Sberbank mortgage?

Recently, more and more residents of Russia are faced with the need to purchase real estate for mortgages. The thing is that this method is the most affordable. To take a mortgage, you need to provide for all possible risks, which is almost impossible. Therefore, often there are cases when the loan bought on credit should be sold. Can I sell an apartment in a mortgage of Sberbank?

Why are apartments sold in a mortgage?

The main reason for the sale of real estate in the mortgage is insufficient amount of money to pay off the debt to the bank. There are several reasons for this. Here are the most common of them:

• Reduction of the borrower at the current place of work;
• Disagreements between relatives who jointly pay a housing loan ;
• divorce;
• The death of a relative who helped pay the loan;
• Loss of ability to work, when the borrower did not make out insurance.

How banks treat the sale of real estate

When the borrower is no longer able to repay payments on time in a timely manner, often the only way out is to sell such a home and buy a new, cheaper one. Sell an apartment under the mortgage of "Sberbank" can be, but for this must be obtained the appropriate permit.

The Bank is interested in ensuring that payments are received promptly without delays. Therefore, in order to prevent such situations, borrowers often help to sell real estate.

To sell an apartment through a mortgage, "Sberbank", you need to sign a contract for the purchase and sale of real estate. If the apartment is sold, the bank will make a profit, because it will return to itself previously issued money and find a new borrower.

Withdrawal of encumbrances

According to the Federal Law "On Mortgage" (Articles 29 and 33) with changes from 2013, the rights of the borrower are:

• The exploitation of real estate, which is pledged to the bank;
• The content of the property in a suitable form for living.

Encumbrance called the conditions that impose on the rights holder prohibitions of various nature related to the possibility of using housing. If we talk about the mortgage, the borrower has no right to transfer to third parties the acquired real estate. This procedure is regulated by Federal Law 102 (Article No. 6). As an exception, only the case of inheritance is considered.

Withdrawal of encumbrances means that the rightholder is exempt from the ban on the transfer of real estate and can dispose of it as you like. You can remove the encumbrance on the mortgage apartment only when the borrower has obtained the permission of the creditor bank and has carried out all the procedures relating to the sale and purchase.

How to sell an apartment bought in a mortgage "Sberbank", without permission

The authorization of the bank is not required if the encumbrances have already been removed from the borrower. If the borrower is against the bank's participation in the sale of real estate, he needs to fully pay the debt to him. How to sell an apartment in the mortgage of "Sberbank" in this case? There are two ways.

The borrower can take another loan, but already a consumer loan. After all the necessary documentation has been collected and cash has been received, it is necessary to pay off the residual debt on the mortgage. After this, you can safely start selling.

You can also find a buyer who is not afraid to take risks and is ready to believe "on his 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 encumbrance is removed. Nevertheless, it is rather difficult to find such buyers.

How to sell an apartment with encumbrance (a mortgage of "Sberbank"), if permission is obtained

To begin with it is necessary to consult with the employee of bank. If the borrower can reasonably approach the argumentation of the reasons for the sale of real estate, the bank will meet and offer the most rational way to solve the problem.

Then follows the process of preparing a written permission from the bank. After there is a buyer, the borrower needs to notify the bank about the details of the sale, because the housing loan agreement may need to make some changes.

Military Mortgages

How to sell an apartment in a Sberbank mortgage, if it is a military one? The difference between a military mortgage is that the loan agreements and the target loan are signed simultaneously. The contract of a targeted loan for housing needs to be checked and coordinated with the Rosvoenipoteka department. You can sell Apartment in a mortgage in "Sberbank" in this situation - a controversial issue. Since the coordination of all the details is necessary both with the bank and with Rosvoenipoteka, the important points are:

• A kind of activity of buyers;
• The stage of payments on the loan;
• Whether the buyer can repay monthly payments.

Sale without bank participation

At its request, the borrower can carry out a transaction for the sale of the apartment independently without involving the bank in this process. After you find a buyer you need:

• Find out the amount of the debt and get the corresponding statement;
• Conclude a preliminary contract for the purchase of real estate and notarize it;
• To pay off the debt from the funds allocated by the buyer, the remaining amount is stored in the bank cell ;
• Receive documentation from the bank to remove the encumbrance;
• To file documents in the regalata, encumbrance is withdrawn after 28 days;
• After obtaining the rights to dispose of real estate to issue a contract of sale.

This can also be done through real estate agencies. In this case, the seller will not enter into a dialogue with the bank, collect documentation and look for buyers of the apartment. These issues will be resolved by the agency's employees. For such services, a fee of 5-10% of the total cost of housing is charged.

Sale with the participation of the bank

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 be paid to the seller after the transaction. Access to the cells will be possible for the seller after the presentation of the registered purchase contract and a certificate of the right to real estate. If the transaction for one reason or another has not taken place, the buyer can take the money. While the money is in the safe deposit boxes, the regalata relieves the encumbrance, the transaction is processed through a notary, which is selected by the creditor bank.

Often, they are not selling real estate, but the mortgage itself, on which it was purchased. How to sell an apartment in the mortgage of Sberbank, if a new borrower has appeared? This procedure is consistent with the bank, while a new borrower may apply a new loan rate. The seller receives the difference between the cost of the apartment and the balance of the debt.

If the buyer takes a mortgage apartment on a mortgage, it is best to do it in one bank. The procedure for refinancing a debt in a new bank is always more difficult.

Payment of property sales tax

The rules for paying tax on the sale of mortgage housing are similar to those that apply to the sale of an apartment that is already in ownership. If the apartment is in ownership no more than 3 years, then the seller-borrower pays the sales tax. If more than 3 years have elapsed since the acquisition of ownership, the seller is exempted from paying the tax.

Important

How to sell an apartment in the mortgage of Sberbank and not lose the invested funds? This is a rather difficult task, since mortgage housing is sold, usually at low prices. Sale of a mortgage apartment lasts for 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 for such risks. Transactions on the sale of mortgage real estate involve quite large expenses.

"Sberbank", like any other credit institution, will necessarily make control of the transaction at each stage. Without a certificate of current debts from the bank, it is impossible even to register a purchase agreement through Rosreestr. If the housing being sold is being sold through the re-registration of the share agreement (assignment of rights), then the bank charges a commission of 1% of the amount allocated to purchase housing. All stages of the transaction must be documented in the mortgage agreement.

How to sell an apartment in a Savings Bank mortgage? This is a rather complex and time-consuming procedure, which requires a relatively large expenditure of resources and time. However, if a final decision is made on the sale of mortgage housing, it is quite possible. Such transactions are very risky, so the cost of mortgage apartments on the market is much lower, and buyers are less willing to buy such a home.