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 on the increase in the authorized capital of the joint-stock company Agency of Mortgage Housing...

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the main conditions for the implementation of the assistance program for certain categories of mortgage borrowers housing loans(loans) in difficult financial situation, and an increase in the authorized capital joint-stock company"DOM.RF"*

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 07/21/2015, N 0001201507210021);
(Official Internet portal of legal information www.pravo.gov.ru, 09.12.2015, N 0001201512090012);
(Official Internet portal of legal information www.pravo.gov.ru, 04.12.2016, N 0001201612040001);
(Official Internet portal of legal information www.pravo.gov.ru, February 15, 2017, N 0001201702150030);
Decree of the Government of the Russian Federation of August 11, 2017 N 961 (Official Internet portal of legal information www.pravo.gov.ru, 08/14/2017, N 0001201708140008);
(Official Internet portal of legal information www.pravo.gov.ru, 05.10.2018, N 0001201810050015);
(Official Internet portal of legal information www.pravo.gov.ru, 10/25/2019, N 0001201910250015).
____________________________________________________________________

________________
* Name as amended, put into effect on December 17, 2015 by Decree of the Government of the Russian Federation of December 7, 2015 N 1331 by Decree of the Government of the Russian Federation of February 10, 2017 N 172 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175 ..

In order to implement 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 N 98-r, the Government Russian Federation

decides:

1. Approve the attached .

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 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 loans (loans) who find themselves in a difficult financial situation.
Decree of the Government of the Russian Federation of July 17, 2015 N 720 Decree of the Government of the Russian Federation of December 7, 2015 N 1331.

3. Federal Agency 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 these shares and registration of the ownership 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, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.
(Item as amended, entered into force on July 29, 2015 by Decree of the Government of the Russian Federation of July 17, 2015 N 720; as amended by Decree of the Government of the Russian Federation of December 7, 2015 N 1331.

3_1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":
(Paragraph as amended, put into effect on February 23, 2017 by Decree of the Government of the Russian Federation of February 10, 2017 N 172.

use the funds 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, on mortgage housing loans ( loans), the rights of claim on which were 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 were acquired by this company, in the event that the said mortgage housing credits (loans) are restructured in accordance with the main conditions approved by this resolution 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 (hereinafter referred to as the program);
Decree of the Government of the Russian Federation of November 24, 2016 N 1231; as amended, put into effect on February 23, 2017 by Decree of the Government of the Russian Federation of February 10, 2017 N 172.

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".
(Paragraph as amended, entered into force on December 12, 2016 by Decree of the Government of the Russian Federation of November 24, 2016 N 1231; as amended by Decree of the Government of the Russian Federation of February 10, 2017 N 172.
(The paragraph was additionally included from December 17, 2015 by Decree of the Government of the Russian Federation of December 7, 2015 N 1331)

4. The clause became invalid from December 12, 2016 - Decree of the Government of the Russian Federation of November 24, 2016 N 1231 ..

Prime Minister
Russian Federation
D.Medvedev

Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

APPROVED
Government Decree
Russian Federation
dated April 20, 2015 N 373
(As amended by
since August 22, 2017
Government Decree
Russian Federation
dated August 11, 2017 N 961. -
See previous edition)

Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

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 reimbursement 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, respectively - creditor, borrower, compensation, restructuring).
Decree of the Government of the Russian Federation of October 3, 2018 N 1183; as amended, put into effect on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175.

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.
(Item as amended, entered into force on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175; as amended by Decree of the Government of the Russian Federation of October 23, 2019 N 1360.

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. Reimbursement under the program is carried out within Money 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 (solid and several 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.

Restructuring agreements are concluded no later than December 31, 2019.
(The paragraph was additionally included from November 2, 2019 by Decree of the Government of the Russian Federation of October 23, 2019 N 1360)

5_1. In the event that the procedure established by the DOM.RF Joint-Stock Company, specified in paragraph 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.
(The paragraph was additionally included from November 2, 2019 by Decree of the Government of the Russian Federation of October 23, 2019 N 1360)

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 can be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission .
(Paragraph as amended, entered into force on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175.

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 (solid debtors) - average monthly total income family of the borrower (solidary debtors), calculated for 3 months preceding the date of filing the 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 the application for restructuring, does not exceed for each member of the borrower's family ( joint and several debtor) twice the amount 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 the Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain 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 "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 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 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;
(Subparagraph as amended, put into effect on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175.

f) the loan agreement (loan agreement) was concluded at least 12 months before 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 into Russian rubles at an exchange rate not exceeding the exchange 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 of not less than the maximum amount of compensation established by paragraph 6, taking into account 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) recovered 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).

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On the main conditions for the implementation of the assistance program for 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 DOM.RF joint-stock company (as amended on October 23, 2019)

Welcome to the pages online magazine Ipotekoved.RU. Today we will talk about what the mortgage assistance program is and how exactly you can get help in repaying a mortgage from the state in 2020.

Today you will learn:

— What is the assistance program for certain categories mortgage borrowers?

- How to get help in paying off a mortgage from the state?

- Reviews of those who received state assistance in paying mortgages.

So go ahead!

Mortgage has become one of the effective tools for solving the housing problem in Russia. Yes, it has a number of pluses and minuses, which we will consider in a separate post of our project, but this is a real opportunity, especially for young families, to purchase housing.

With the onset of another crisis in the economy, the state had to provide support to mortgage borrowers who found themselves in a difficult financial situation. In April 2015, the corresponding Decree 373 of the Government of the Russian Federation dated April 20, 2015, signed by D.A. Medvedev. JSC "Agency for Housing Mortgage Lending" became the operator of the implementation of this project.

Initially, this resolution provided for the validity of the assistance program until the end of 2016, but it has been repeatedly amended and supplemented. To date, according to latest changes 373 Decrees of the Government of November 24, 2016, assistance to mortgage borrowers (mortgage restructuring) is valid until March 1, 2017(extended until May 31, 2017 Decree of the Government of the Russian Federation of February 10, 2017 No. 172, since March 7, 2017, the acceptance of new applications has been suspended due to the expenditure of funds under the program.

However, in July 2017, an additional 2 billion rubles were allocated from the government fund to restart the program. On August 11, 2017, new conditions for participation in the mortgage borrower assistance program came out - which you will learn about from this post) and is as follows:

• The borrower's mortgage obligations to the bank are reduced in the amount of 20% to 30% of the balance (at the discretion of the lender's bank), but not more than 1,500,000 rubles.
• By agreement between the borrower and the bank, you can choose the format of assistance, namely, or send the entire amount of assistance to the mortgage to pay off the principal debt and thereby reduce monthly payment, or to reduce the monthly payment by 50% or more for up to 1.5 years.
• Replacing a foreign currency mortgage with a ruble one. At the same time, the mortgage rate cannot be higher than 11.5% per annum. For a ruble mortgage, not higher than the current rate in the bank, except for cases stipulated by the agreement mortgages, in case of violation of insurance rules.
• Before September 1, a special interdepartmental commission should be created, which will be able to increase marginal payment under the program 2 times and approve applications for participation if there are deviations from the basic conditions, but not more than in two points.

Example: If a family has a mortgage balance at the time of restructuring is 2 million rubles and, after checking the AHML documents, the creditor bank decided to write off the debt in the amount of 20% of the balance of the principal debt, then with a mortgage of 12% per annum with a remaining term of 10 years payment to be reduced from the planned 28694 rubles. per month up to 22955. Benefit 5739 rubles.

There is an opinion that very often banks refuse to restructure mortgages, but in fact this procedure is very beneficial for them. losses incurred by the bank (lost interest income) due to early repayment are compensated by the state.

Changes in the assistance program for mortgage borrowers dated February 10, 2017 suggest that the maximum reimbursement of 30% of the balance (up to 1.5 million rubles) is compensated by the state only if the family has two children or you are disabled (the child is disabled), and combat veterans may also apply. With one child you can only claim 20%. August 10, 2017 changes allow for larger maximum payout twice by decision of a special interdepartmental commission. Also, a mortgage loan must be issued no earlier than 12 months before the date of filing an application for restructuring.

After analyzing the negative reviews about the payment of a mortgage with the help of the state, our experts came to the conclusion that most often the reason for refusal is false information provided by the borrower and lack of knowledge of the basic requirements and conditions for state support. Let's talk about them now.

Important point! The acceptance of documents under the Program has been suspended since December 2, 2018 and the program is no longer working.

Who can receive support from the state

Government Decree No. 373, as amended on November 24, 2016, provides for the following list of persons to whom the state can help pay mortgage payments:

• Citizens of the Russian Federation with 1 or more minor children;
• Guardians (custodians) of 1 or more minor children;
• Participants in hostilities;
• Disabled people or families with disabled children;
• Citizens with dependent children under 24 who study full-time at an educational institution.

Mortgage requirements

To receive assistance from the state, a mortgaged apartment must meet these characteristics:

• It should not exceed the total area for a one-bed apartment - 45 sq.m., for an apartment with two rooms - 65 sq.m. and for three rubles and more - 85 sq.m.
• The cost of 1 sq.m. total housing area exceeds no more than 60% average cost a typical apartment in your region as of the date of conclusion of the loan agreement (according to Federal Service state statistics).
• The dwelling must be the only one for the mortgage borrower. At the same time, it is allowed to have a total share of ownership of all family members of no more than 50% in one other residential building. The countdown on the availability of property is from 04/30/2015. Those. it will not be possible to quickly rewrite / donate “extra” real estate in order to become a member.

Important point! The requirement for the total area of ​​mortgage housing and the cost per square meter does not apply to families with 3 or more minor children. If you have more than 50% property in other housing, then you will be denied under the program, but you can transfer it to relatives and then everything will be ok. To do this quickly and without problems, we recommend signing up for free consultation to our lawyer (promotion until 12/31/2020) in a special form in the corner. From 08/11/2017 disputes over square meters and deviations under the program should be decided by a special interdepartmental commission, which will be created in September.

Requirements for mortgage borrowers

• Russian citizenship
• Your income is below two living wages at your place of residence for each person in the family, after subtracting your monthly mortgage payment from them. Three full last months are analyzed. In this case, the mortgage payment must increase by at least 30% of the initial payment.

Those. this program suitable only for foreign currency mortgages and those borrowers who have a floating rate. For ordinary mortgage borrowers, a situation is impossible when the current payment is 30% higher than the original one. But when the interdepartmental commission starts working, it will be possible to submit an application for consideration there. up to 2 deviations from the conditions are allowed. Deviation on increase in monthly payment including.

If you have a co-borrower in the mortgage and he has a share in the property in this apartment, then he is obliged to provide a full package of documents both for himself and for his family members.

Now answer these questions. If the answer to one of them is “NO”, then you will not be able to apply for participation in the mortgage borrower support program in 2020.

1. Do you have minor children or are you the guardian (custodian) of such children?
2. Home mortgage bought in Russia?
3. Are all mortgage borrowers citizens of the Russian Federation?
4. After deducting the mortgage payment, is the income for each member of your family less than two living wages in your area?
5. Has your payment increased by 30% from the original schedule?
6. Is the mortgage issued for the purchase of ready-made or housing under construction?
7. The total area of ​​​​housing is less than 45 sq.m for a odnushka, 65 sq.m. for kopeck piece and 85 sq.m. for three rubles and above (except for families with 3 or more children).
8. The cost of 1 sq.m. no more than 60% of the average cost of a square in a typical apartment in your region?

If all your answers are “Yes”, then you will be able to receive support from the state in extinguishing mortgage loans.

How to get government support

Now you already know that you can count on government support in paying off your mortgage. Now it remains to find out how to get it.

First of all, you need to contact the bank where you received the mortgage. Almost all major banks participate in this program of assistance to mortgage borrowers. The full list can be downloaded.

As a rule, this issue is dealt with by the department for dealing with overdue debts. It is enough just to call the contact center of your bank and find out where it is located.

The bank will give you a list of documents for state support by mortgage. An example list is provided below:

1. An application form with the obligatory indication of the reason for providing you with assistance from the state (reduction in income, reduction, decree, etc.).
2. Passports, birth certificates of minors of all family members.
3. Marriage certificate (if the marriage is registered).
4. Certificate of divorce, change of full name, parents and children, agreement of parents on the residence of the child with one of the parents (if required).
5. The decision of the guardianship authorities or the court decision on the establishment of guardianship (for guardians and trustees).
6. War Veteran's Certificate (for veterans).
7. Documents on disability from the borrower or co-borrower or from their children.
8. Birth certificate for dependents under the age of 24.
9. Certificate of family composition to confirm the residence of a dependent under 24 years of age with the borrower/co-borrower.
10. Help from educational institution that a child under 24 years old who is dependent on the borrower/co-borrower is studying full-time.
11. Notice from the Pension Fund that a dependent person under 24 years of age does not have independent labor income.
12. A certified copy of the work book of the borrower/co-borrower.
13. Official certificate from work (for military or law enforcement officers).
14. IP registration certificate (for individual entrepreneurs).
15. Order of the Ministry of Justice of Russia on appointment as a notary (for notaries).
16. Employment book and / or expired labor contract for the unemployed.
17. Document on registration with the employment service (for unemployed).
18. Notice pension fund on the state of the personal account of the insured person (for all).
19. Certificate from the FSS of the Russian Federation on income from temporary disability, benefits and other payments.
20. Certificate of income in the form of 2 personal income tax or in the form of a bank from all family members.
21. Bank certificate on the total amount of family income (provided by the bank).
22. Tax returns, patents, etc.
23. Information about the amount of pension for pensioners.
24. Loan agreement
25. Mortgage (if issued, it is in the bank).
26. A statement from borrowers that they have real estate on Russian territory.
27. treaty equity participation(for a mortgage on a new building).
28. Mortgage collateral appraisal agreement.
29. Technical / cadastral passport for residential premises.
30. Mortgage payment schedule.

The list is quite impressive and will make you run a little, but it's worth it. The only moment that is rather complicated is extracts from the USRN. They cost money. One statement on the rights to property throughout Russia is 1,500 rubles per person and no one will return them to you if you refuse. There were a lot of complaints about this last time. From 08/11/2017, the requirement for an extract from the USRN has been cancelled. The bank has no right to demand it. AHML independently requests it.

After the complete list of documents is submitted to the bank, the responsible officer must send them to AHML for verification. On average, it lasts 30 days, but the feedback from the participants indicates that it can reach up to six months. the bank and AHML request additional documents at their discretion.

When AHML makes a positive decision, the bank will notify you of the date of the meeting. Next, you will need to sign a new payment schedule, a new PSK document, conclude a restructuring agreement (additional agreement to the mortgage agreement), an agreement on changing the terms of the mortgage. Next, you will need to wait from 2 to 4 weeks, when the mortgage will be requested from the bank's archive. After that, it is necessary together with the complete package loan documents and an agreement on changes in the terms of the mortgage (be sure to make copies) to visit justice for state registration of changes.

The process is similar in Gazprombank. VTB 24 closes mortgages and issues new loan for a smaller amount, which means that you again have the cost of paying for insurance and assessment.

There is no mortgage restructuring fee. Carrying out this procedure does not exempt you from paying the monthly payment and insurance premiums stipulated by the contract.

With the onset of the crisis, non-payments of citizens on all types of loans increased sharply. In 2015, Decree of the Government of the Russian Federation N 373 took measures to provide assistance from the state to certain categories of borrowers who had financial difficulties. This applied only to mortgage loans for the purchase of housing. Although the Decree provided for the possibility of changing loan agreements for all debtors, the bulk of the victims were among foreign currency borrowers.

Applications were accepted from them if the cost of a loan increased by 30% due to a change in the exchange rate. From the rest - if the family income has decreased by a third compared to last year.

The Agency for Housing Mortgage Lending allocated funds to support banks in restructuring citizens' debts.

Who can apply for a reduced mortgage loan?

Borrower Criteria:

1. The income of each family member after mortgage payments becomes lower than one and a half times the subsistence minimum, which is determined by the applicant's region of residence;
2. The applicant is not bankrupt;
3. Delay in payments is not less than 30 days and not more than 120.

Mortgage purposes:

• equity participation in construction;
• construction, purchase of a residential building;
• apartment purchase;
• overhaul, another type of improvement of existing housing.

The loan was received before January 1, 2015.

The following assistance was provided:

• changing the currency of the loan agreement into rubles;
• fixation interest rate from the moment of restructuring to full repayment at a level not exceeding 12%;
• when restructuring a ruble loan, not higher than the one for which it was originally taken;
• reduction in monthly payment. Available for a period of six months to a year. The total amount of the reduction is not less than 200,000 rubles or
• reduction of part of the principal debt by the same amount when the currency of the original contract is changed to rubles;
• providing the opportunity not to repay the body of the loan for up to one year with mandatory payment of interest. Postponement of payments and extension of terms for loan repayment.

Banks carry out all work on changing the terms of lending without charging additional payments from borrowers.

Lenders were reluctant to change the conditions, refused to different reasons, including bona fide borrowers who did not have violations of the payment schedule. Reasoning for refusal is that normative act suggests delay.

The main idea of ​​the Decree was to provide an opportunity for borrowers to discuss debt restructuring with their creditors. At the same time, no obligations were imposed on banks to change the conditions. The courts considered this category of cases in different ways and there was no single practice.

In August last year, the Government of the Russian Federation amended these norms, as set out in Decree N 961. Under the new conditions, applications from those who have not received compensation by the time the new document was adopted when they apply again can be considered.

It is already clearly indicated here that changes are made by decision of the creditor based on the application of a particular debtor. Restructuring is carried out by concluding agreements between the parties:

• about changing the previous provisions of the contract;
• about closing the loan;
• world.

Regardless of the form, all signed documents must include the following items:

• replacement of any loan currency with Russian. Exchange rate not higher than determined by the Central Bank at the time of the conclusion of the agreements;
• lending rates not more than 11.5% when converting a loan into rubles and not higher than they were in the previous loan when restructuring a ruble loan;
• reduction of the debtor's monetary obligations to the creditor in the amount of at least 1,500,000 rubles by reducing the debt. AT individual cases double the amount of this amount by decision of a special commission;
• reduction in the amount of foreign currency loans due to the use of an exchange rate lower than that set by the Central Bank;
• cancellation of all penalties, except for those already paid.

Reduction of mortgage terms is not allowed.

Compared to the previous one, the latest Decree contains clear language, and the amount of compensation has been significantly increased.

At the same time, the requirements for borrowers who can apply for financial assistance and to real estate. Borrowers must be citizens of the Russian Federation and belong to one of the following groups:

• have one or more children under the age of majority, or be their guardians;
• disability, existing disability of the child;
• participants in combat operations;
• the presence of dependents - students under the age of 24 years.

Financial situation

1. Average household income per month for the last quarter before applying for restructuring, net of loan payment, should not exceed more than 2 times the subsistence minimum for each. PMR is determined by the borrower's region of residence.
2. Loan payments have increased by no less than 30% since its execution.

Requirements for a mortgage object

Located in the Russian Federation. An object under construction on the basis of equity participation must comply with the provisions of Federal Law N214.

In order to implement 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 N 98-r, the Government of the Russian Federation decides:

1. Approve the attached basic conditions for the implementation of the assistance program for 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 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 federal law"O 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 ownership rights to them Russian Federation.

4. Subparagraph "c" of paragraph 2 of the main conditions for the implementation of the program, approved by this resolution, shall enter into force on July 1, 2015.

Chairman of the Government of the Russian Federation

D. Medvedev

Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

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 legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation and (or) municipal legal acts order 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 the subject to restructuring mortgage loan(loan);

b) citizens of the Russian Federation who have 2 minor children or more;

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;

d) citizens of the Russian Federation who are combat veterans;

e) citizens of the Russian Federation who are disabled and (or) have disabled children;

f) 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 self-government bodies 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;

k) 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;

l) 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 of personnel 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 dated July 7, 2011 N899 "On approval of priority areas for the development of science, technology and technology in the Russian Federation and a list of critical technologies of the Russian Federation", is the main place of work and the experience of the specified work is at least 1 year;

m) citizens of the Russian Federation, for whom, as of January 1, 2015, work in organizations participating in the 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 dated March 6, 2013 N188 "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 of work and whose work experience is at least 1 year.

2. In order to implement the program of assistance to borrowers, the following requirements are established for borrowers:

a) the borrower documented the decrease in the average monthly for the last 3 months prior to the date of filing an application for restructuring a mortgage housing loan (loan) (hereinafter referred to as the application for restructuring) of the 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 filing an application for restructuring by the total income of these persons or an increase in the monthly payment on a mortgage housing loan (loan) by more than 30 percent in the currency of the Russian Federation as of the date applying 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 subparagraph "a" of this paragraph (minus the mortgage loan payment), divided by the number of persons indicated in subparagraph "a" of this paragraph, is less than 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.

3. In order to implement the program of assistance to borrowers, the following requirements are established for the subject of mortgage:

a) the subject of mortgage is located on the territory of the Russian Federation;

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 subparagraph "a" of paragraph 2 of 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 subparagraph "c" of paragraph 6 of 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 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". 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 living citizen does not exceed 18 square meters This requirement must be met as of the date of filing the application for restructuring, as well as on January 1, 2015;

c) the total area of ​​the dwelling that is the subject of a mortgage, or the dwelling that is the subject of an agreement on participation in shared construction, if the subject of the mortgage is the right to claim under such an agreement (with the exception of technical and auxiliary premises, such as a garage, a boiler room (boiler room), cold (summer) veranda (terrace), basement) attributable to one person living in it (if the subject of the mortgage is the right to claim under an agreement on participation in shared construction - for each of the members of the mortgagor's family who will live in the dwelling), not must exceed:

in apartments:

50 sq. meters - for living alone;

35 sq. meters - for 2 people;

30 sq. meters - for 3 or more people, but not more than 100 sq. meters;

in residential buildings:

70 sq. meters - for living alone;

60 sq. meters - for 2 people;

50 sq. meters - for 3 or more people, but not more than 150 sq. meters;

d) the cost of 1 square. meters of the total area of ​​the residential premises, calculated on the basis of an assessment by an independent appraiser made at the conclusion of an agreement on the provision of a mortgage credit (loan), and in the absence of such an assessment - on the basis of a mortgage agreement or an agreement on the acquisition of residential premises, should not exceed by more than 60 percent middle market value 1 sq. meters of the total area of ​​the residential premises in the constituent entity of the Russian Federation on whose territory the residential premises are located, according to the data of the Federal State Statistics Service as of the date of the assessment report, and in its absence - as of the date of the conclusion of the mortgage agreement or the contract for the acquisition of residential premises;

e) the subject of mortgage is not under arrest, there is no litigation regarding the right of ownership in relation to it, and there is no prohibition on the performance of registration actions.

4. Mortgage housing loan (loan) for the purpose of its restructuring must meet the following requirements:

a) the purpose of granting a mortgage loan (loan) was participation in shared construction, acquisition or construction of a residential house or apartment, their overhaul or other inseparable improvement or refinancing of a mortgage housing credit (loan) provided for the specified purposes;

b) the delay in payments on a mortgage housing loan (loan) as of the date of filing an application for restructuring is at least 30 and not more than 120 days;

5. Restructuring of mortgage housing credits (loans) is carried out in the presence of the borrower's application to the creditor (lender) with an application for restructuring.

6. Conditions for the restructuring of mortgage housing loans (loans) are:

a) change by the lender of the currency of the loan agreement (loan agreement) to the currency of the Russian Federation at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of restructuring of the mortgage housing loan (loan) and published on the official website Central Bank the Russian Federation, if the original contract used settlements in a different currency;

b) setting by the lender of an interest rate on a mortgage housing credit (loan) from the date of restructuring until the date of full repayment of the credit (loan) in the amount of not more than 12 percent per annum, but not higher than the interest rate on the housing credit (loan) being restructured (if the restructuring mortgage housing credit (loan) provided in rubles of the Russian Federation);

c) reduction by the lender of the monthly payment of the borrower on a mortgage housing loan (loan) for a period of 6 to 12 months (aid period) in total by an amount that must not be less than the maximum reimbursement amount specified in clause 8 of this document, or forgiveness of a part of the principal debt on a mortgage housing loan (loan) when changing the currency of the loan agreement (loan agreement) to the currency of the Russian Federation, if the original agreement used calculations in another currency;

d) granting by the creditor to the borrower of the right not to make payments to repay the principal debt on a mortgage housing loan (loan) for the duration of the assistance period. At the same time, the corresponding planned payments are postponed to later periods, including in the event of an increase in the repayment period of a mortgage loan;

e) non-collection by the creditor from the borrower of commissions for the actions provided for in this paragraph related to the restructuring of a mortgage housing loan (loan).

7. Open Joint Stock Company "Agency for Housing Mortgage Lending" or established by it non-profit organization reimburse creditors (lenders) for part of the shortfall in income on mortgage housing loans (loans), the restructuring of which was carried out on the terms provided for in this document, during the assistance period in the amount of up to 50 percent of the amount of the borrower's monthly payments established before the restructuring of the mortgage housing loan (loan) for the period assistance or up to 50 percent of the loss when changing the currency of the loan agreement (loan agreement) to the currency of the Russian Federation, if the original agreement used calculations in another currency.

8. The maximum amount of compensation for each mortgage housing loan (loan) of a part of lost income or loss is 200 thousand rubles.

9. The procedure for paying the specified compensation to creditors (lenders) of a part of lost income or part of a loss is determined by the open joint-stock company Agency for Housing Mortgage Lending and is published on its official website in the information and telecommunication network Internet.

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.

Judicial practice and legislation - Decree of the Government of the Russian Federation of 04/20/2015 N 373 (as amended on 10/23/2019) "On 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, and an increase in the authorized capital joint-stock company "DOM.RF"

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".