The edition is valid from 22.08.2017
Type of document: REGULATION
Accepting body: GOVERNMENT OF THE RUSSIAN FEDERATION
Document number: 961
Revision date: 08/11/2017
Acceptance date: 08/11/2017
Publication: Official Internet portal of legal information www.pravo.gov.ru, 08/14/2017, N 0001201708140008
Publication: Russian newspaper, N 182, 17.08.2017
Publication: Collection of Legislation Russian Federation, N 34, 08/21/2017, article 5285
To read as follows:
"APPROVED
Government Decree
Russian Federation
dated April 20, 2015 No. 373
(as amended by the decision
Government of the Russian Federation
dated August 11, 2017 No. 961)
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 compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with, on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the Joint-Stock Company "Housing Mortgage Lending Agency" under mortgage housing loans (loans), the rights of claim on which are acquired by this company, losses (parts 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 for each mortgage home loan(loan) restructured in accordance with this document, in the amount by which, as a result of the restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of the borrower's monetary obligations under the loan agreement (loan agreement) was reduced, but not more than the limit amount 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 (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.
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) for housing mortgage loans (loans), mortgage agents operating in accordance with Federal Law "On Mortgage Securities", on mortgage housing credits (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, losses (part thereof) incurred in as a result of 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 credit (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 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 families of the borrower (solidary debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned 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) collateral for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement) is 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 that meets the requirements Federal Law "On Participation in 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 agreement for 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;
Birth certificates2) Certificate of income, if on maternity leave in a simple form and if you work, 2NDFL4) Schedule of payments to the CD (copy)6) The total area of \u200b\u200bthe dwelling should not exceed - 45 sq.m. – 1 living room, 65 sq.m. – 2 living rooms and 85 sq.m. - 3 or more living rooms 7) Ownership of other residential premises in total no more than 50% (my daughter has 1/3 share in dad's apartment, passed, it would have been someone else, will not pass) 8) Certificate of registration 9) Agreement purchase and sale10) Loan agreement11) Copy from the work book12) Certificate of marriage and divorce13) Copy of apartment insurance and payment receipts - In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, reimbursement under the program is allowed in accordance with with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
Federal Law "On Mortgage securities”, on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (parts thereof) resulting from the restructuring under the terms of the assistance program for certain categories of borrowers on mortgage mortgage loans (loans) who find themselves in a difficult financial situation, and allow using the funds received in accordance with paragraph three of clause 2 of this resolution to reimburse the costs of the joint-stock company Agency for Housing Mortgage Lending, which arose during the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, in in accordance with this paragraph. 5.
Attention
N 961 CHANGES TO THE MAIN CONDITIONS OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE CREDITS (LOANS) IN DIFFICULT FINANCIAL SITUATION state as follows: “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 No.
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Important
Programs for participation What assistance can be provided If the conditions of the assistance program are met, the Borrower will be able to receive a reduction in monetary obligations under the mortgage loan in the amount of 30% of the balance of the loan amount, but not more than 1,500 thousand. 2008 - 2010 Annex 2.
Info
List of under construction and prospective metro lines and facilities for design Annex 3. List of under construction and prospective metro lines and facilities (substations) for which it is necessary to issue specifications for permanent power supply The document was adopted in connection with the need to significantly increase the pace of metro construction, the concentration of state capital investments in facilities that are most ready, in order to improve transport services for the population of the city of Moscow.
Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim for which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (parts thereof) resulting from such restructuring (hereinafter, respectively, the creditor, borrower, compensation, restructuring). 2. Reimbursement under the program is carried out on a one-time basis for housing mortgage 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 Internet information and telecommunication network.
3.
N 1579-r as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the purpose of compensating for losses (their part) to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities”, for housing mortgage credits (loans), the rights of claim under which are acquired by mortgage agents, and to the Joint-Stock Company “Agency for Housing Mortgage Lending” for mortgage housing credits (loans), the rights of claim for which are acquired by this company, if the said mortgage loans (loans) were restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation. 3.
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) in a difficult financial situation, and an increase in the authorized of the capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" as of the date of the borrower's application for restructuring, it is allowed to have a total share of the pledger and members of his family in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent.
For the purposes of this subparagraph, the family members of the pledger include the spouse of the pledger 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.
"On the further implementation of the program of assistance to certain categories of borrowers in a difficult financial situation"
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT FURTHER IMPLEMENTATION
FOR HOUSING MORTGAGE CREDITS (LOANS)
IN A DIFFICULT FINANCIAL SITUATION
The Government of the Russian Federation decides:
1. Approve the attached changes that are made to 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, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, N 17, art. 2567; N 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
before September 1, 2017, create an interdepartmental commission to make 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 for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;
to send to the joint-stock company Agency for Housing Mortgage Lending, in the prescribed manner, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of reimbursement of losses (their part) 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 acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage personal loans (loans) 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 2 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 a 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".
4. Recommend to the joint-stock company "Agency for Housing Mortgage Lending" before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse 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, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the joint-stock company Agency for Housing Mortgage Lending, fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application of the borrower, subject 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, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
Government Decree
Russian Federation
CHANGES,
WHICH ARE INCLUDED IN THE MAIN CONDITIONS OF IMPLEMENTATION
FOR HOUSING MORTGAGE CREDITS (LOANS)
IN A DIFFICULT FINANCIAL SITUATION
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 shall be stated as follows:
"Approved
Government Decree
Russian Federation
(as amended by the decision
Government of the Russian Federation
GENERAL CONDITIONS
FOR HOUSING MORTGAGE CREDITS (LOANS)
IN A DIFFICULT FINANCIAL SITUATION
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:
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;
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 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 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. state register real estate is not required. Joint-stock company The Agency for Housing Mortgage Lending checks the information provided by the borrower in accordance with this subparagraph;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date of submission by the borrower of the application for restructuring, unless mortgage(loan) is provided for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least 12 months before the date of submission of the application for restructuring by the borrower.
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 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).".
The Government of the Russian Federation decides:
1. Approve the attached changes that are made to 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, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, N 17, art. 2567; N 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
before September 1, 2017, create an interdepartmental commission to make 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 for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;
to send to the joint-stock company Agency for Housing Mortgage Lending, in the prescribed manner, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of reimbursement of losses (their part) 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 acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage personal loans (loans) 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 Joint-Stock Company "Agency for Housing Mortgage Lending" by 2 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 a 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.
4. Recommend to the joint-stock company "Agency for Housing Mortgage Lending" before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse 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, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the joint-stock company Agency for Housing Mortgage Lending, fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application of the borrower, subject 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, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
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CHANGES TO THE MAIN CONDITIONS OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE LOANS (LOANS) FINDING IN A DIFFICULT FINANCIAL SITUATION |
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 shall be stated as follows:
MAIN CONDITIONS FOR THE IMPLEMENTATION OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE LOANS (LOANS) FINDING IN A DIFFICULT FINANCIAL SITUATION
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:
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 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 residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement for participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared construction of 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 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).".
