Mortgage stories - our traditional topic in which we ask experts to comment on the real stories taken from the Internet or sent letters to the editor. Issues of interest to our readers this summer show: mortgage continues! Yes, of course, as a result of the crisis the number of newly granted loans declined. But those that were issued before 2008, are fully capable to take our attention for many years to come. And there, staring, and the crisis is over, and citizens gain the new loans. Is it possible to "rewrite" polkvartiry sly? Several years ago we were with my dad bought an apartment in the mortgage. Took in fractional ownership, to each according to 1 / 2. At first everything went fine, but now, unfortunately, my relationship with my father deteriorated. He not only pays nothing himself, but refuses to give up his share to me. But she had to pay the entire loan as a result to get the property only half the apartments, I do not want. So efforts daddy a situation where we can lose this apartment - but to sell me his half, he refuses. What can I do? In particular, there is the possibility of an apartment "rewritten" to me as a "quietly" to Dad did not know? If you start with a direct question (second), then the answer is unequivocal: it is impossible. The real estate market in general nothing can be done "quietly" (of course, we're talking about situations where the actors remain within the law, rather than using, for example, forged powers of attorney). As recalled journal Metrinfo.Ru experts of the Agency for Housing Mortgage Lending (HMLA), forcibly depriving the mortgagor (individual), its ownership can not even mortgagee (lending bank) - all done through a court decision. And the more that there are limited opportunities co-borrower. On the other hand, there is art. 325 of the Civil Code, according to which joint and several obligations of the debtor who has performed this duty to the creditor in full, may make a claim to the other debtors to execute the sum of net attributable to his share. Quite understandable if the author pays letter herself - she must gather evidence of this fact (in particular, in any case not to throw the bank pay-in slip, which shows the name of the payer). Then, when the loan will be repaid in full, you can require a co-borrower, or to recover all these expenses, or pay polkvartiry. But, again, through the courts. But it is preferable, of course, solve the problem now, and this is possible only when the settlement agreement of all parties to the loan agreement: co-borrowers and the lending bank. Vladislav Esenkov, deputy head of customer service mortgage banking business "Unifin" recommends to notify the bank - it is no less than the letter-writer, interested in nadlezhashem performance of the contract. It is possible that the bank already has experience of such conflicts, he knows how to tame the Shrew papa. Repay the loan and ... died before he could remove the encumbrance My husband and I bought an apartment in the mortgage and just pay off the loan early. Now plan to withdraw charges, but - as it turns out - it's quite a long procedure, lasting from a month. Life is unpredictable, so I am afraid whether there will be something with me and my husband in this period. And we have two teenage children. If the loan is paid off, remove the encumbrance and arrange property is not managed, but two died on the mortgage payer, who gets the apartment? If strictly according to the law, the rights of the mortgagee shall be terminated at a time when the debtor closes the loan. Removing the burden - it is a formality. And children are the heirs at law of the first stage, they get the property of their dead parents. On the other hand, in our lives do not always prevent err. First of all, says Vladislav Esenkov (Unifin "), is worth taking a bank document confirming that all liabilities are being met, and the bank has no claim to you. Secondly, it would be good to write a will - despite the fact that the children - they are "first line". Another of our consultants wondered why the term denotes the removal of encumbrances so much. By law, it takes five working days, and it probably makes sense to ask the bank, who and why there is "slow" Why do not restructure the debt? In August 2008 I took a mortgage loan. After some time, well-known crisis began, it became difficult to repay a debt, and I wrote a letter asking for its restructuring. In the process of communication became clear that the bank, which gave me the money, sold the loan to another bank and the bank refused to reschedule it for this reason: that he betrayed no. Incidentally, the official paper with the waiver they gave me was not given - all in name only. With the financial problems I am more or less figured out a loan to pay, even ahead of schedule. But the interest to restructure for a longer period still remained. As far as the position argued for the Bank refuse to restructure its debt in such a strange reason? What to do as reach out to the bank, because lower your monthly payment will still want to? The situation, as it turns out, quite common. On the one hand, the sale of banks loans to each other - long-standing and legitimate practice. On the other - banks do not have uniform standards and methods of risk assessment requirements to the borrower and the loan agreement, etc. Throw in the fact that banks (like any large structure) is pretty touch and clumsy. Before the big boss of your application will likely not reach, and "small fry" do not want to take responsibility. Add the fact that force the banks to renegotiate the loan can not be one - is its internal matter, which he decides at its sole discretion. What should I do? Option two. Or try to still agree with the bank - it needs to go to the reception to the big boss. Find out who the board member in charge of such matters, try to enroll him at the reception. The second option - refinancing, this service after the recession caused by the crisis, returns to the market. The gist of it is that you find completely foreign banks, according to repay your existing loan, and you will now have this new bank. Cons - hassle and costs associated with obtaining a new loan in fact. Pros - it will be the conditions under which you agree. Maybe they would be profitable today Is there a bank "black list"? In 2007 he took a mortgage loan. In the same year it paid off. But the bank mistakenly sent my data to something - like the problem of the borrower. There's even a letter from the bank that the loan is fully repaid. But this does not help - the negative information about me wandering in some databases, and new loans do not give me. That this may be a "black list"? As a person who is in those databases, "wash"? Especially the one who hit and something of a misunderstanding idea to collect the credit histories of citizens is not new, and discuss why this is necessary to banks, we will not - because of the sheer obviousness. Already there are several large databases of its kind - for example the National Bureau of Credit Histories (NBCH). The data in these databases is actively made - and there could be errors. What should I do? First of all, recommends Vladislav Esenkov (Unifin), contact the bank which issued the mortgage, and find out which organization he gave information about the borrower. And also take a letter that the loan is repaid and the bank has no claim. Then the order in this database extract (you provide it in the passport) and, if an error is detected, then "go to visit them with a letter from the bank. That should be enough to make changes. After completing this procedure will be superfluous to again take the statement of credit history to check whether changes have been made. Can I put out a loan from abroad? I would like to prepay the loan, taken in Krasnodar. Now I live in Houston (USA). The bank told me that to settle the formalities, I must come in person. You can not do without it? Interested in how the actual transfer of money, and the earlier it legal fuss. Law is not contrary to the desire. "Made by bank transfer to pay off the loan and possibly outside Russia - experts say HMLA. - However, in this case it is necessary to carefully study details for the payment and contact with the lender. Also make payments for you can be and is in the Russian Federation any individual - subject to production of a document proving his identity. "
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