For most citizens, the purchase of housing is available only through a mortgage - a bank loan secured by the purchased housing. The mortgage agreement is subject to compulsory state registration and is an encumbrance of the right to a dwelling, which does not allow the owner to dispose of the dwelling without the consent of the bank.
Instructions
Step 1
If the source of the purchase of your apartment was a mortgage loan, and it is pledged by the bank, then you will become a full owner only by fully repaying the loan. Until then, you will not be able to dispose of the apartment (donate, sell) without the consent of the bank, since an encumbrance is imposed on it, which is reflected in the certificate of ownership. The registered mortgage encumbrance is removed, as a rule, in two cases: when the loan is repaid or when the bank is liquidated.
Step 2
When the loan is paid in full, contact the bank in order to submit a joint application for termination of the mortgage to the territorial department of the Federal Registration Service at the location of the housing. Attach a passport and a certificate of registration of ownership to the application for termination of the mortgage. The state duty for the termination of the mortgage is not paid. After that, the registration record is canceled stating that your housing is in a mortgage and on the reverse side of the certificate of ownership in the department of the Federal Registration Service put down the appropriate stamp that the mortgage has been terminated.
Step 3
If you want to get a new certificate without marks that the home was in a mortgage, then submit an application and pay the state fee.
Step 4
In case of liquidation of the bank, the loan obligation is deemed to have been fulfilled. In order to remove the mortgage encumbrance upon liquidation of the bank, contact the tax authority at the place of the former location of the bank for an extract from the Unified State Register of Legal Entities (USRLE), in which the liquidation of the legal entity must be confirmed. Then contact the Rosregistration department with an application for the removal of mortgage encumbrances, a passport, a certificate of ownership and an extract from the Unified State Register of Legal Entities.
Step 5
It is somewhat more difficult if the Unified State Register of Legal Entities does not contain data on the liquidation of the bank, but the bank is absent at its former location and its address and details for repayment of the loan are not known. In this case, the mortgage loan is not considered repaid. Then pay the remaining amount of the loan debt to the notary's deposit and apply to the court with an application for recognizing the loan as repaid and removing the mortgage encumbrance. Having received a court decision, contact the Rosregistratsiya department for the cancellation of the registration record that your home is in a mortgage.
