One of the directions of maternity capital funds is the improvement of housing conditions. The money of the certificate can be used to pay the mortgage or for the initial payment. But an apartment bought on a motherboard is considered encumbered until all obligations to the bank are fulfilled.
For many families, mortgage lending is the only way to purchase their own home. At the birth of the second (and subsequent children) child, the Russian family, in accordance with the law, receives a certificate for maternity (family) capital, which gives the right to financial state assistance. In 2018, its size is 453,026 rubles. Maternity capital funds can be used to improve housing conditions, including the purchase of housing on the basis of mortgage lending. If your own money is not enough to purchase an apartment or house, it is allowed to use the certificate to pay for the mortgage or its down payment. In this case, housing purchased on a mortgage basis will have the status of "encumbered" until the borrower finally pays off the bank.
Information that the acquired real estate object is pledged is in the Unified State Register of Property Rights Registration, where a corresponding entry is made. As soon as the mortgage loan is repaid, it is necessary to resolve the issue of removing the encumbrance from the acquired square meters. In theory, the payment of the mortgage is the basis for the removal of the encumbrance. But the owner needs to make changes to the USRR and get a new extract.
To do this, you must provide the relevant documents to Rosreestr:
- application for the removal of encumbrances from the property,
- a certificate from the bank or other credit organization that issued the mortgage loan on the repayment of the mortgage loan;
- an agreement concluded with a financial and credit institution on the provision of a mortgage,
- a copy of the document on the pledge of real estate,
- a document proving the identity of a citizen - a passport,
- documents on which the rights to the real estate object arose (sale and purchase agreement or equity participation agreement),
- a receipt for payment of the state duty for making changes to the cadastral register and the fee for issuing a new extract from the USRR,
If the removal of the encumbrance is carried out in court, a court decision must be attached to the above documents.
The list of documents attached to the application depends on the characteristics of credit and other property legal relations within the acquired real estate object.
If there are several owners, then everyone who has a share in this property must submit an application. An application for minor children can be written by their parents or legal representatives.
To submit documents for the removal of encumbrances from real estate, you must contact the department of Rosreestr or the Multifunctional Center "My Documents" at the place of residence.
The bank provides Sberbank clients with a simplified and, moreover, free procedure for removing encumbrances. To fulfill it, the borrower needs to go to the bank branch and, having provided a passport and a loan agreement, submit an application. Within a week, Sberbank will prepare and send to the MFC at the borrower's place of residence a message on the readiness of documents for the procedure. After that, the client (property owner) needs to contact the Multifunctional Center or the regional department of Rosreestr to apply for the removal of encumbrances.
Sometimes situations arise when the homeowner (borrower) himself cannot go through the authorities to submit documents. In this case, he can entrust this to a lawyer, who must first issue a power of attorney and certify it with a notary.
When buying a home without the participation of a bank, the seller must submit an application for the removal of the encumbrance to the registration chamber (to the state registrar in Rosreestr). He signs the application in the presence of the registrar. If the seller does not have the opportunity to independently apply to Rosreestr, he must certify the signature in the application with a notary and send it to Rosreestr, including by registered mail.
