A large share of real estate in Russia is acquired through a mortgage, which may impose some restrictions on the owners. There is an opinion that there is a special algorithm for registration in a mortgage apartment, but in reality everything is quite simple.
Rights of the owner of a mortgage apartment
According to the agreement concluded with the bank that issued the mortgage loan, the borrower becomes the legal owner of the home, but the ownership is transferred to him with an encumbrance. As Article 209 of the Civil Code of the Russian Federation states, the owner does not have the right to dispose of the disposal of the mortgage apartment at his own discretion, that is, to sell, alienate and donate while he pays the mortgage.
In the process of acquiring real estate, an agreement is drawn up for obtaining a mortgage loan, according to which the credit institution is recognized as the mortgagee of the apartment, and the owner is the borrower. Also, with the previous owner of the living space or the real estate agency, the citizen signs a sale and purchase agreement, in accordance with which he is already recognized as the owner of this living space.
Registration in an apartment, according to Article 346 of the Civil Code of the Russian Federation and the Federal Law "On Mortgages", does not violate the right to own mortgage housing and is carried out at the request of the owner. This means that it is not necessary to register in this apartment, but only if the current owner of this property already has a valid registration in another place. If you purchase a mortgage apartment as your only home, you must go through the procedure without fail.
The procedure for obtaining registration in a mortgage apartment
The right to register in a mortgage apartment is granted to the borrower and his immediate family (unless otherwise specified in the loan agreement). To do this, you need to contact the passport office, providing your passport and a copy of the loan agreement. You will also need:
military ID (for those liable for military service);
departure sheet from the previous place of registration;
copy of the certificate of ownership of real estate;
marriage certificate (if you need to register a spouse or spouse);
birth certificate of minor children or personal presence of sons and daughters with passports, if they are over 14 years old.
At the passport office, you will also need to draw up a special application in form No. 6, which, together with a passport and a copy of the certificate of ownership, is handed over to an employee of the institution. Registration is carried out within three consecutive working days, during which all the data of the applicants are checked.
For other family members to register in the apartment, it is important that the loan agreement states that the bank provides such a right. If there is no appropriate indication, it is better to personally visit the credit organization and obtain permission for the right to reside and register in the mortgage apartment of relatives. The received documents are submitted to the passport office together with the written consent of the owner, allowing the registration of the relevant persons in their apartment.
Possible restrictions on registration in a mortgage apartment
Sometimes the bank may put forward restrictions on registration in a borrowed apartment, which most often relate to the borrower's relatives and third parties. The fact is that there are no direct instructions on this issue in the legislation, therefore, credit organizations have the right to conclude an agreement on certain conditions that exclude any encroachment on real estate by unauthorized persons.
In order to avoid disagreements with the bank and subsequent litigation, you should carefully study the mortgage agreement at the stage of conclusion. All unclear and controversial conditions should be immediately discussed with the bank. Each credit institution puts forward its own requirements regarding the procedure for using the living space. If the agreement seriously restricts the rights of the next of kin and other persons, you can contact another bank and take out a mortgage on different terms.
It is important to remember that, unlike the registration of relatives, credit organizations do not have the right to prohibit the borrower's registration in the mortgage apartment. This is a direct violation of several articles of the Civil Code of the Russian Federation at once, therefore, when faced with a similar problem, it is necessary to file a lawsuit in court at the place of residence, setting out in it which owner's rights were violated, and attaching a copy of the mortgage agreement. In such cases, the court always meets the applicant halfway and obliges the credit organization to renegotiate the terms of the contract by re-issuing it.
