2. To the Ministry of Construction and Housing and Communal Services Russian Federation send to the joint-stock company "Agency for Housing Mortgage Lending" in the prescribed manner federal budget funds in the amount of 4.5 billion rubles, provided for in the Federal Law "On federal budget for 2015 and for the planned period of 2016 and 2017", as a contribution to the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers on mortgage housing loans(loans) that find themselves in a difficult financial situation.
Subsidies in the form of a property contribution to the authorized capital are provided to the joint-stock company "Agency for Housing Mortgage Lending" in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Decree of the Government of the Russian Federation dated April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending".
Decree of the Government of the Russian Federation of April 20, 2015 N 373
"On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "DOM.RF"
July 17, December 7, 2015, November 24, 2016, February 10, August 11, 2017, October 3, 2018, October 23, 2019
In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:
1. Approve the attached basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
2. The Ministry of Construction, Housing and Communal Services of the Russian Federation shall send to the joint-stock company Agency for Housing Mortgage Lending, in accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles provided for in the Federal Law "On the federal budget for 2015 and for the planned period 2016 and 2017", as a contribution to the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" for the implementation of an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
3. Federal Agency for Management state property ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and carry out actions related to the acquisition of the said shares and registration of the property rights of the Russian Federation on them, in accordance with the tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, federal agency for the management of state property and the joint-stock company "Agency for Housing Mortgage Lending".
3.1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":
use cash received in accordance with paragraph 2 of this resolution, for the purpose of compensating for shortfalls in income or losses (part thereof) to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing credits (loans), the rights of claim on which are acquired by this company, if the said mortgage housing credits (loans) are restructured in accordance with the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation approved by this resolution (hereinafter referred to as the program);
place temporarily free funds received for the purpose of implementing the program in accordance with the legislation of the Russian Federation and use the income received from their placement to finance the program and compensate for its operating expenses related to the implementation of the program, the list of which is determined by the Supervisory Board of the Joint-Stock Company Agency of Mortgage Housing lending".
Approved
Government Decree
Russian Federation
April 20, 2015 N 373
Basic conditions
implementation of an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation
December 7, 2015, November 24, 2016, February 10, August 11, 2017, October 3, 2018, October 23, 2019
1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint-stock to the DOM.RF company on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter referred to as the creditor, borrower, compensation, restructuring, respectively).
2. Reimbursement under the program is carried out one-time on mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the joint-stock company "DOM.RF", published on its official website in the information and telecommunication network "Internet", with subject to the provisions of paragraph 5.1 of this document.
3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).
Restructuring can be carried out by concluding an agreement between the creditor and the borrower (solidary debtors) to change the terms of the previously concluded loan agreement(loan agreement), conclusion of a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructuring mortgage housing loan (loan), conclusion of a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
The main conditions were supplemented by clause 5.1 from November 2, 2019 - Decree of the Government of Russia of October 23, 2019 N 1360
5.1. In the event that the procedure established by the DOM.RF Joint-Stock Company, specified in clause 2 of this document, provides for the submission by the creditor to the DOM.RF Joint-Stock Company of an application for compensation for losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the program, and documents confirming compliance with the conditions provided for in paragraph 8 of this document, such an application and documents can be considered and a decision on them can be made by the DOM.RF Joint-Stock Company only if they are received by the DOM Joint-Stock Company .RF" no later than October 31, 2019.
6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in clause 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "DOM.RF" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission .
8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:
a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the family of the borrower (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding the date of filing an application for restructuring, does not exceed twice the amount for each family member of the borrower (solid and several debtor) living wage, established in the constituent entities of the Russian Federation, on the territory of which the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the borrower's family (solid debtors) in billing period is equal to the sum of the average monthly income of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, including those under his guardianship or guardianship, as well as the persons specified in the fifth paragraph of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, increased by at least 30 percent compared to the amount of the planned monthly payment, calculated on the date conclusion of a loan agreement (loan agreement);
c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of claims to such dwelling, arising from an agreement on participation in shared construction, which meets the requirements of the Federal Law "On Participation in Shared Construction apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement on participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter capital of the joint-stock company "DOM.RF" as of the date of filing by the borrower of the application for restructuring, it is allowed to have an aggregate share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the mortgagor includes the spouse of the mortgagor and his minor children, including those under his guardianship or guardianship. state register real estate is not required. Joint-stock company "DOM.RF" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months prior to the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change in the currency of the credit (loan) from foreign exchange on the Russian rubles at a rate not higher than the rate of the corresponding currency, established central bank Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.
12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).
It was decided to take a number of measures aimed at supporting certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation.
A list of such borrowers has been established. Among them are citizens with 2 minor children or more, veterans of military operations, disabled people, employees of scientific organizations, state and municipal institutions of health care, culture, social security, employment, physical culture and sports, organizations of the military-industrial complex.
For these persons, the possibility of restructuring mortgage debt on the basis of an application is provided. For example, if their income decreased by more than 30%. The loan was provided in foreign currency, the payments on which increased by more than 30% due to the depreciation of the ruble (compared to the monthly payment in September 2014).
Requirements have been established for the subject of mortgage (including the location, the area of the dwelling, the cost), as well as for the loan itself. The purpose of the latter is participation in shared construction, purchase of housing, overhaul, etc. The delay in payments as of the date of application is at least 30 and not more than 120 days. The loan was issued no later than January 1, 2015.
As part of the restructuring, it is envisaged to reduce the borrower's payments on the loan during the assistance period up to 12 months, forgive part of the principal debt and change the terms of the loan by the lender, as well as establish interest rate at a level not exceeding 12% per annum.
The creditor has the right to receive a refund of part of the lost income during the period of assistance, which ranges from 6 to 12 months.
The maximum amount of compensation for each loan of a part of lost income or loss is 200 thousand rubles.
In order to implement the assistance program, the authorized capital of AHML OJSC was increased by 4.5 billion rubles.
Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "DOM.RF"
This resolution enters into force 7 days after the date of its official publication.
Subparagraph "c" of paragraph 2 of the main conditions for the implementation of the program, approved by this resolution, comes into force come into force
In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:
2. The Ministry of Construction, Housing and Communal Services of the Russian Federation to send to the Federal Agency for State Property Management, in accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles provided for in the "On the Federal Budget for 2015 and for the planning period of 2016 and 2017" ", as a contribution to the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of rights to them property of the Russian Federation.
1. Borrowers under a mortgage housing loan (loan) (hereinafter referred to as borrowers) are citizens, at least one of whom belongs to one of the following categories:
A) citizens of the Russian Federation who, as of January 1, 2015, in accordance with the procedure established by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation and (or) municipal legal acts, are participants in state or municipal programs to improve living conditions, other measures to improve housing conditions and who have exercised the right to receive social payments (subsidies) and other benefits for the acquisition (construction) of residential premises at the expense of the federal budget, the budget of a constituent entity of the Russian Federation and (or) municipal budget using a mortgage loan (loan) subject to restructuring;
C) citizens of the Russian Federation who have 1 child or more, while the age of each of the spouses or one parent in an incomplete family does not exceed 35 years;
E) citizens of the Russian Federation for whom, as of January 1, 2015, work in state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments is the main place of work and whose experience of this work is at least 1 year;
G) citizens of the Russian Federation for whom, as of January 1, 2015, work in state and municipal institutions who are scientific organizations or organizations of scientific service, as scientists, specialists of a scientific organization or workers in the field of scientific service, as well as in state and municipal educational organizations, state and municipal institutions of health care, culture, social protection, employment, physical culture and sports is the main place of work and the experience of this work is at least 1 year;
H) citizens of the Russian Federation for whom, as of January 1, 2015, work in city-forming organizations, including those that are part of the research and production complexes of science cities, regardless of the organizational and legal form of such organizations, is the main place of work and whose experience of this work is at least 1 year;
I) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations of the military-industrial complex included in established by the Government of the Russian Federation in the order in the consolidated register of organizations of the military-industrial complex, regardless of the organizational and legal form of such organizations, is the main place of work and the experience of this work is at least 1 year;
J) citizens of the Russian Federation for whom, as of January 1, 2015, work in scientific organizations that have been assigned the status of state scientific centers by the Government of the Russian Federation, regardless of the organizational and legal form of such organizations, is the main place of work and whose experience of this work is not less than 1 year;
L) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations created state academies sciences (with the exception of organizations in the social sphere), is the main place of work and the experience of this work is at least 1 year;
M) citizens of the Russian Federation for whom, as of January 1, 2015, work in state unitary enterprises that are scientific organizations or scientific service organizations that carry out scientific, scientific and technical, innovative activity, experimental development, testing, training in priority areas for the development of science, technology and technology in the Russian Federation, approved by Decree of the President of the Russian Federation of July 7, 2011 N 899 "On approval of priority areas for the development of science, technology and technology in the Russian Federation and the list Critical Technologies of the Russian Federation", is the main place of work and the experience of the specified work is at least 1 year;
H) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations participating in programs for the development of pilot innovative territorial clusters implemented in the territories of the constituent entities of the Russian Federation according to the list in accordance with the Appendix to the Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation Federation for the implementation of events, provided by the programs development of pilot innovative territorial clusters, approved by Decree of the Government of the Russian Federation of March 6, 2013 N 188 "On approval of the Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the implementation of activities provided for by the programs for the development of pilot innovative territorial clusters", is the main place work and the experience of the specified work is not less than 1 year.
A) the borrower documented the decrease in the average monthly for the last 3 months before the date of filing an application for restructuring a mortgage housing loan (loan) (hereinafter referred to as the application for restructuring) total income of the borrower and his family members, which include the spouse of the borrower and minor children living together with the borrower, by more than 30 percent compared to the average monthly for the last 12 months prior to the date of application for restructuring, the total income of these persons or an increase of more than by 30 percent in the currency of the Russian Federation of the monthly payment on a mortgage housing loan (loan) as of the date of filing an application for restructuring compared to the monthly payment in September 2014;
B) as of the date of the borrower's application to the creditor (lender) with an application for restructuring, the total income specified in this paragraph (net of payment for mortgage loan), divided by the number of persons specified in subparagraph "a" of this paragraph, below one and a half times the subsistence minimum established in the constituent entity of the Russian Federation in whose territory the borrower lives;
C) there is no information about the recognition by the court of the application for declaring the borrower (mortgagor) bankrupt justified and the introduction of a procedure for restructuring its debts.
B) the subject of mortgage belongs to one of the following categories: residential premises purchased for the borrower and the borrower's family members specified in this document to live in it. If the subject of the mortgage is a dwelling, the total share of the borrower and his family members specified in subparagraph "a" of paragraph 2 of this document, the pledger and his family members, which include the spouse of the pledger and minor children living together with the pledger , in the ownership of other residential premises is not more than 50 percent in each of the residential premises, in the ownership of which these persons have a share. This requirement must be met as of the date the borrower applied to the creditor (lender) with an application for restructuring, as well as during the period of assistance specified in this document;
The right of claim of a participant in shared construction, arising from an agreement on participation in shared construction that meets the requirements of "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation". If the subject of the mortgage is the right of claim of a participant in shared construction, the pledgor and family members of the pledgor, which include the spouse of the pledgor and minor children living together with the pledgor, live (registered) in residential premises, the share of the area in which per each resident citizen does not exceed 18 sq. meters. This requirement must be met as of the filing date of the restructuring application, as well as January 1, 2015;
(as amended by Government Decree No. 961 of August 11, 2017, effective from August 21, 2017)
"On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and the increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending"
In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:
3(1). Allow the Joint Stock Company "Agency for Housing Mortgage Lending":
4. No longer valid. - (Decree of the Government of the Russian Federation of November 24, 2016 N 1231).
Chairman of the Government of the Russian Federation D. MEDVEDEV
MAIN CONDITIONS FOR THE IMPLEMENTATION OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE LOANS (LOANS) FINDING IN A DIFFICULT FINANCIAL SITUATION
(approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 (as amended by Decree of the Government of the Russian Federation of August 11, 2017 N 961))
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint stock to the company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out on a one-time basis for mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the Joint Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".
3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).
Restructuring can be carried out by entering into an agreement by the creditor and the borrower (solid and several debtors) to change the terms of a previously concluded loan agreement (loan agreement), the conclusion of a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), the conclusion of a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in clause 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.
8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:
a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:
b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);
c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights of claim to such dwelling, arising from an agreement on participation in shared construction that meets the requirements federal law"On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Some Legislative Acts of the Russian Federation" (hereinafter referred to as the Shared Construction Participation Agreement);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the mortgagor and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or guardianship.Compliance with these conditions is confirmed by the application of the borrower in a simple written form.Representation by the borrower of information from the Unified State Register of Real Estate is not required. th society "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months prior to the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.
12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".
IMPORTANT! In August 2017, the Government of the Russian Federation, headed by Medvedev D.A. allocated an additional 2 billion rubles for assistance mortgage borrowers. However, the conditions of the program have changed significantly.
RESOLUTION
from___________________
ABOUT CHANGES
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
Government Decree
Russian Federation
from ____________________
CHANGES,
In the resolution:
b) in paragraph 7:
EXPLANATORY NOTE
Report
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Home>New Laws of the Russian Federation 2017-2018>Federal Law No. 373-FZ of July 3, 2016>Article 9
1. Information specified in the town planning plan land plot, approved prior to the date of entry into force of this Federal Law, can be used within the period established by a regulatory legal act of the highest executive body of state power of a constituent entity of the Russian Federation and cannot be less than three years and more than eight years from the date of entry into force of this Federal law, for preparation project documentation in relation to objects capital construction and (or) their parts under construction, reconstructed within the boundaries of such a land plot, issuance of building permits. After the expiration of the established period, the use of information specified in such an urban planning plan for a land plot is not allowed.
2. In the event that a permit for the construction of a capital construction facility was obtained before the day this Federal Law came into force, the issuance of a permit for putting such an facility into operation is carried out on the basis of an urban planning plan for a land plot submitted for obtaining a permit for the construction of such an facility.
3. If a permit for the construction of a capital construction facility is obtained after the date of entry into force of this Federal Law on the basis of the town-planning plan of the land plot specified in Part 1 of this Article, within the period of its validity established in accordance with Part 1 of this Article, the permit for the commissioning of a capital construction facility is issued on the basis of such an urban planning plan for a land plot.
4. If the decision to prepare a territory planning project, a territory surveying project is made before the day this Federal Law enters into force, the preparation and approval of the territory planning documentation shall be carried out in accordance with the provisions Urban Planning Code Russian Federation (as amended until the date of entry into force of this Federal Law).
If an application for the issuance of an urban planning plan for a land plot is submitted to the authorized body of local self-government before the day this Federal Law enters into force, the preparation and issuance of an urban planning plan for a land plot is carried out in accordance with the provisions of the Town Planning Code of the Russian Federation (in the version that was in force before the date of entry into force of this Federal Law). by virtue of this federal law).
6. In the event that draft territorial planning documents, draft rules for land use and development, as well as draft amendments to these documents were prepared and considered at public hearings before the date of entry into force of this Federal Law, approval of such documents, amendments to such documents is carried out in in accordance with the Town Planning Code of the Russian Federation (as amended until the day this Federal Law came into force).
7. In order to carry out activities for the integrated and sustainable development of the territory, the approved rules for land use and development must be brought into line with the requirements of the Town Planning Code of the Russian Federation (as amended by this Federal Law) in terms of establishing territories within whose boundaries it is allowed to carry out activities for their integrated and sustainable development, and in relation to such territories, the calculated indicators of the minimum allowable level of provision of the respective territories with objects of communal, transport, social infrastructure and the calculated indicators of the maximum allowable level of territorial accessibility of these objects for the population until July 1, 2017.
8. Until the rules for land use and development are brought into line with the requirements of the Town Planning Code of the Russian Federation (as amended by this Federal Law), but no later than July 1, 2017, the conclusion of agreements on the development of built-up territories, agreements on the integrated development of territories is allowed without establishing urban zoning on the map territories, within the boundaries of which it is planned to carry out activities for the integrated and sustainable development of territories.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
from___________________
ABOUT CHANGES
IN THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
Approve the attached changes that are being made to Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 "On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized capital of an open joint stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, No. 17, item 2567; No. 30, item 4598; No. 50, item 7179).
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
Government Decree
Russian Federation
from ____________________
CHANGES,
WHICH ARE INTRODUCED TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN
1. In the decision:
a) add paragraph 3(1) with the following paragraph:
"use the funds received in accordance with clause 2 of this resolution for the purpose of compensating for lost income or losses (part of them) to creditors (lenders) and mortgage agents established in accordance with the requirements of Federal Law No. 152-FZ of November 11, 2003 "On Mortgage Securities", which own the rights of claim on mortgage housing loans (loans) restructured in accordance with the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) approved by this Decree who find themselves in a difficult financial situation.
b) Clause 4 shall be recognized as invalid.
2. In the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation:
a) in clause 6 the words "10 percent" shall be replaced by the words "20 percent";
b) in paragraph 7:
subparagraph “a” shall be supplemented with the following paragraph:
“citizens who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, cadets.”;
the second paragraph of subparagraph "b" and subparagraph "e" shall be recognized as invalid;
subparagraph "e" shall be stated in the following wording:
“e) a dwelling owned by the pledgor on the right of ownership is his only dwelling, including a dwelling, the right of claim to which follows from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of obligations under a credit agreement (loan agreement). At the same time, it is allowed to have an aggregate share of the pledgor and members of his family in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises. Compliance with the requirements specified in this subparagraph is confirmed by the application of the borrower in a simple written form. The borrower is responsible for the inaccuracy of the information provided by him contained in the said application.”.
EXPLANATORY NOTE
to the draft resolution of the Government of the Russian Federation
"On Amendments to the Decree of the Government of the Russian Federation of April 20, 2015 No. 373"
The draft Decree of the Government of the Russian Federation “On Amendments to the Decree of the Government of the Russian Federation of April 20, 2015 No. 373” (hereinafter referred to as the draft resolution) was developed in accordance with clause 3 of the instruction of the Chairman of the Government of the Russian Federation D.A. Medvedev dated July 12, 2016 No. DM-P13-45pr on the issue of changing the criteria for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
In accordance with Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage lending” (hereinafter referred to as Decree No. 373), the Joint Stock Company Agency for Housing Mortgage Lending (hereinafter JSC AHML) is allowed to use the funds received in accordance with clause 2 of the said Decree for the purpose of compensating for lost income or losses (part of them ) on mortgage housing loans (loans), the rights of claim on which were acquired by AHML JSC and restructuring of which was carried out in accordance with the main conditions for the implementation of the assistance program approved by the Decree. In order to provide the possibility of reimbursement of the indicated lost income or losses to mortgage agents, to whom the rights of claim under mortgage-backed obligations from loan agreements (loan agreements) were transferred for the purpose of issuing mortgage-backed bonds, as well as to other creditors (lenders) on mortgage housing loans ( loans), it seems appropriate to supplement paragraph 3 (1) of Decree No. in accordance with the requirements of the Federal Law of November 11, 2003 No. 152-FZ “On Mortgage Securities”, which own the rights of claim on mortgage housing loans (loans) restructured in accordance with the main conditions for the implementation of the assistance program approved by Decree No. 373 certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
In order to bring it into line with Decree of the Government of the Russian Federation of December 7, 2015 No. 1331 “On Amendments to Decree of the Government of the Russian Federation of April 20, 2015 No. 373”, which provides for the exclusion of subparagraph “c” of paragraph 2 of the main conditions for the implementation of the program, it is proposed to recognize paragraph 4 of Resolution No. 373 as invalid.
In order to provide sufficient support to borrowers, it seems appropriate to increase the maximum reimbursement amount for each restructured residential mortgage loan (loan) from 10 to 20 percent of the balance of the loan (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 600 thousand rubles.
So, for an average loan in the Russian Federation in the amount of 1.65 million rubles, with a decrease in the volume of the principal debt from 1.5 million rubles to 1.35 million rubles. (by 10%) the size of the monthly annuity payment of the borrower is reduced by 2000 rubles. At the same time, if the borrower is able to receive a refund in the amount of 330 thousand rubles. (20% of the principal debt on a mortgage loan), then monthly payment will decrease by more than 3000 rubles.
Due to the significant number of applications from families experiencing difficulties in paying mortgage loans who are dependent on adult children who continue their education in educational institutions secondary special and higher vocational education, the draft resolution proposes to expand the list of social categories of citizens who are entitled to participate in the assistance program, supplementing the specified list with the category of borrowers who are dependent on children under the age of 24 who are full-time students, graduate students , residents, interns, students, cadets.
The assistance program provides for a requirement in the form of an estimate of the average monthly total income of the borrower's family, after deducting the monthly loan payment, which should not exceed twice the subsistence minimum for each member of the borrower's family. This requirement is sufficient to evaluate financial condition the borrower's family and allows an objective decision to be made on the need to provide financial support. In this regard, it is proposed to exclude the additional requirement provided for in paragraph two of subparagraph "b" of paragraph 7 of the main conditions for the implementation of the assistance program.
In addition, in order to expand the categories of citizens who can be supported under the program, it is proposed to exclude the requirement provided for by subparagraph "e" of paragraph 7 of the main conditions for the implementation of the assistance program, in terms of the validity of the loan agreement on the date of application for restructuring.
At present, confirmation by the borrower that the mortgaged residential premises is the only one for living and the total share of the pledger and his family members in the ownership of other residential premises does not exceed 50% in each of such other residential premises is carried out by obtaining from the unified state register rights to real estate and transactions with him information about the rights individual on the property he owns.
In accordance with paragraph 2 of Article 7 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration rights to real estate and transactions with it” provision of the specified information is carried out on a reimbursable basis (the cost of obtaining information in relation to one right holder is individual is about 1500.00 rubles).
In this regard, it is proposed to provide for the possibility for the borrower to confirm that the residential premises mortgaged under the mortgage is the only one for living and the total share of the pledger and his family members in the ownership of other residential premises does not exceed 50% in each of such other residential premises, by submitting an application to the creditor in simple writing.
The draft resolution does not contain provisions that contradict the provisions of the Treaty on the Eurasian Economic Union, as well as the provisions of other international treaties of the Russian Federation.
The adoption of the draft resolution will not require the allocation of additional funds from their budgets budget system Russian Federation.
There are no grounds for holding a preliminary discussion of the draft resolution at a meeting of the Public Council under the Ministry of Construction, Housing and Communal Services of the Russian Federation.
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State assistance in restructuring a mortgage loan is carried out as part of the implementation of the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the order of the Government of the Russian Federation of January 27, 2015 No. 98-r, in accordance with the Decree of the Government of the Russian Federation of April 20, 2015 No. 373 " On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and on increasing the authorized capital of the open joint-stock company Agency for Housing Mortgage Lending.
According to the Decree of the Government of the Russian Federation of August 11, 2017 N 961, amendments to the “Basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation” (hereinafter referred to as the Basic Conditions), the concluded loan agreement (agreement loan) on the date of filing the application for restructuring must simultaneously meet the following conditions:
In case of non-compliance with no more than two conditions, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
Restructuring of mortgage housing loans is carried out on a declarative basis by a credit institution that has provided a loan and is a pledgee. The list of documents required to consider the issue of mortgage restructuring, the bank establishes independently.
The restructuring agreement must simultaneously provide for the following conditions:
The maximum reimbursement amount for each restructured residential mortgage loan (loan) is 30% of the balance of the loan (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in clause 7 of the Basic Conditions, in accordance with which, by decision of the interdepartmental commission, the maximum amount of compensation can be increased, but not more than 2 times.
Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program. Decree of the Government of the Russian Federation of August 11, 2017 N 961 "On the further implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation" for the purpose of compensating for losses (part thereof) to creditors (lenders) on mortgage housing loans (loans) allocated funds in the amount of 2 billion rubles.
If the borrower is not eligible established by the Decree basic conditions, it is still necessary to independently carry out preliminary calculations for options restructuring and apply with a written application and supporting documents to the bank. To perform calculations, it is convenient to use mortgage calculator. It may be possible to agree on mechanisms for debt restructuring, and obtain bank approval by deciding difficult situation with payments.
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In order to provide assistance to mortgage borrowers who find themselves in a difficult financial situation, and at the same time to maintain a stable situation in the banking sector, the Government of the Russian Federation on April 20, 2015 adopted Resolution No. 373, which determined the conditions and aspects of the assistance program for mortgage borrowers.
The essence of the Decree is that the state, through AHML JSC, provides material support to certain categories of citizens who have taken out a mortgage loan, restructuring them financial obligations to the lending bank.
Thus, mortgage repayment conditions will be facilitated for borrowers, and banks will receive their planned profit. To implement this program, the material fund of AHML JSC was increased to four and a half billion rubles.
Restructuring for one year, is carried out in several ways:
According to this resolution, the following categories of borrowers can count on the restructuring of mortgage debt:
The borrower and co-borrower(s) (if any) must be citizens of the Russian Federation.
To restructure a loan, borrowers must provide documentary evidence of a decrease in their income by thirty percent or more regarding the income received at the time of the loan. In this case, the delay in mortgage payments must be at least one and no more four months, and the loan itself must be issued no later than 01.01.2015 .
Restructuring is subject to loans issued for overhaul, purchase or participation in shared construction the only borrower's home.
In addition to the requirements for the status of a citizen and the purpose for which the loan was issued, the requirements are also imposed on the housing itself:
Families with many children are exempted from requirements for area and cost of housing.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
from___________________
ABOUT CHANGES
IN THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
Approve the attached changes that are being made to Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 "On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized capital of an open joint stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, No. 17, item 2567; No. 30, item 4598; No. 50, item 7179).
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
Government Decree
Russian Federation
from ____________________
CHANGES,
WHICH ARE INTRODUCED TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN
1. In the decision:
a) add paragraph 3(1) with the following paragraph:
"use the funds received in accordance with clause 2 of this resolution for the purpose of compensating for lost income or losses (part of them) to creditors (lenders) and mortgage agents established in accordance with the requirements of Federal Law No. 152-FZ of November 11, 2003 "On Mortgage Securities", which own the rights of claim on mortgage housing loans (loans) restructured in accordance with the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) approved by this Decree who find themselves in a difficult financial situation.
b) Clause 4 shall be recognized as invalid.
2. In the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation:
a) in clause 6 the words "10 percent" shall be replaced by the words "20 percent";
b) in paragraph 7:
subparagraph “a” shall be supplemented with the following paragraph:
“citizens who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, cadets.”;
the second paragraph of subparagraph "b" and subparagraph "e" shall be recognized as invalid;
subparagraph "e" shall be stated in the following wording:
“e) a dwelling owned by the pledgor on the right of ownership is his only dwelling, including a dwelling, the right of claim to which follows from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of obligations under a credit agreement (loan agreement). At the same time, it is allowed to have an aggregate share of the pledgor and members of his family in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises. Compliance with the requirements specified in this subparagraph is confirmed by the application of the borrower in a simple written form. The borrower is responsible for the inaccuracy of the information provided by him contained in the said application.”.
EXPLANATORY NOTE
to the draft resolution of the Government of the Russian Federation
"On Amendments to the Decree of the Government of the Russian Federation of April 20, 2015 No. 373"
The draft Decree of the Government of the Russian Federation “On Amendments to the Decree of the Government of the Russian Federation of April 20, 2015 No. 373” (hereinafter referred to as the draft resolution) was developed in accordance with clause 3 of the instruction of the Chairman of the Government of the Russian Federation D.A. Medvedev dated July 12, 2016 No. DM-P13-45pr on the issue of changing the criteria for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
In accordance with Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage lending” (hereinafter referred to as Decree No. 373), the Joint Stock Company Agency for Housing Mortgage Lending (hereinafter JSC AHML) is allowed to use the funds received in accordance with clause 2 of the said Decree for the purpose of compensating for lost income or losses (part of them ) on mortgage housing loans (loans), the rights of claim on which were acquired by AHML JSC and restructuring of which was carried out in accordance with the main conditions for the implementation of the assistance program approved by the Decree. In order to provide the possibility of reimbursement of the indicated lost income or losses to mortgage agents, to whom the rights of claim under mortgage-backed obligations from loan agreements (loan agreements) were transferred for the purpose of issuing mortgage-backed bonds, as well as to other creditors (lenders) on mortgage housing loans ( loans), it seems appropriate to supplement paragraph 3 (1) of Decree No. in accordance with the requirements of the Federal Law of November 11, 2003 No. 152-FZ “On Mortgage Securities”, which own the rights of claim on mortgage housing loans (loans) restructured in accordance with the main conditions for the implementation of the assistance program approved by Decree No. 373 certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
In order to bring it into line with Decree of the Government of the Russian Federation of December 7, 2015 No. 1331 “On Amendments to Decree of the Government of the Russian Federation of April 20, 2015 No. 373”, which provides for the exclusion of subparagraph “c” of paragraph 2 of the main conditions for the implementation of the program, it is proposed to recognize paragraph 4 of Resolution No. 373 as invalid.
In order to provide sufficient support to borrowers, it seems appropriate to increase the maximum reimbursement amount for each restructured residential mortgage loan (loan) from 10 to 20 percent of the balance of the loan (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 600 thousand rubles.
So, for an average loan in the Russian Federation in the amount of 1.65 million rubles, with a decrease in the volume of the principal debt from 1.5 million rubles to 1.35 million rubles. (by 10%) the size of the monthly annuity payment of the borrower is reduced by 2000 rubles. At the same time, if the borrower is able to receive a refund in the amount of 330 thousand rubles. (20% of the principal debt on a mortgage loan), then the monthly payment will decrease by more than 3,000 rubles.
Due to the significant number of applications from families experiencing difficulties in paying mortgage loans, who are dependent on adult children who continue their education in educational institutions of secondary special and higher professional education, the draft resolution proposes to expand the list of social categories of citizens who have the right to apply for participation in the assistance program, supplementing the specified list with the category of borrowers who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, cadets.
The assistance program provides for a requirement in the form of an estimate of the average monthly total income of the borrower's family, after deducting the monthly loan payment, which should not exceed twice the subsistence minimum for each member of the borrower's family. This requirement is sufficient to assess the financial condition of the borrower's family and allows an objective decision to be made on the need to provide financial support. In this regard, it is proposed to exclude the additional requirement provided for in paragraph two of subparagraph "b" of paragraph 7 of the main conditions for the implementation of the assistance program.
In addition, in order to expand the categories of citizens who can be supported under the program, it is proposed to exclude the requirement provided for by subparagraph "e" of paragraph 7 of the main conditions for the implementation of the assistance program, in terms of the validity of the loan agreement on the date of application for restructuring.
At present, confirmation by the borrower that the residential premises pledged on a mortgage is the only one for living and the total share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of such other residential premises is carried out by obtaining from the unified state register rights to real estate and transactions with it information about the rights of an individual to real estate objects he owns.
In accordance with paragraph 2 of Article 7 of the Federal Law of July 21, 1997 No. 122-FZ "On State Registration of Rights to Real Estate and Transactions with It", the provision of the specified information is carried out on a reimbursable basis (the cost of obtaining information in relation to one right holder - an individual is about 1500.00 rubles).
In this regard, it is proposed to provide for the possibility for the borrower to confirm that the residential premises mortgaged under the mortgage is the only one for living and the total share of the pledger and his family members in the ownership of other residential premises does not exceed 50% in each of such other residential premises, by submitting an application to the creditor in simple writing.
The draft resolution does not contain provisions that contradict the provisions of the Treaty on the Eurasian Economic Union, as well as the provisions of other international treaties of the Russian Federation.
The adoption of the draft resolution will not require the allocation of additional funds from the budgets of the budgetary system of the Russian Federation.
There are no grounds for holding a preliminary discussion of the draft resolution at a meeting of the Public Council under the Ministry of Construction, Housing and Communal Services of the Russian Federation.
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… or decrees … 2015 In 2014– 2015 There has been a significant increase in the use of the ePCT system, which April2015 … 20 % (2) 20 % (3) 20 % (4) 20 % (5) 20 … changes, including 14 373 … makingchanges … fromgovernmentsRussianFederations, WRO at the end 2015 …
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… RUSSIANFEDERATION FOR THE PERIOD 2009- 2015 YEARS" ORDER OF THE MIA OF RUSSIA from20 … N 373 from 11/14/2006 "About INTRODUCTIONCHANGES IN THE APP… REGULATIONSGOVERNMENTSRUSSIANFEDERATIONFROM 5 APRIL 1997 N 397 "ORDER of the Ministry of Internal Affairs of the Russian Federation from 05/26/1998 N 309 "O INTRODUCTIONCHANGES …
Document
… making … decrees … 20 g, plantain leaves 20 … change way of life". English educators will be forbidden to flog and stone children Government … from 08/27/99 No. 337 "On the nomenclature of specialties in healthcare institutions RussianFederations … April … 2015 …
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… -32 "About acceptance decreesGovernmentsRussianFederationsfrom 01/30/2013 N 65 "O makingchanges in decreesGovernmentsRussianFederationsfrom 6 April 2004 N 154 and from 30 June …
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… 12 (2438,373 ). Other defense... April 1930 Nanjing government… (Foreign Policy Archive RussianFederations(WUA RF). F. ... contributedchanges how ... (1946) - 2015 people, (... Osinsky). Resolved: in changedecrees Politburo from20 January s. G. (…
Document
…. CBD. Parliament. O makingchanges in resolution Parliament of the KBR from May 5, 1994 No. ... 1. RussianFederation. Government. On improving the system of vocational education in the Kabardino-Balkarian Republic: DecreeGovernments RF...
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