Son's father does not buy? I want to get a mortgage secured the apartment, which belongs to my father. Honestly, we really need the money for education and treatment. Can I type to buy him the apartment with the help of a bank? I pay credit to the state banks rather suspicious looking at a situation where sellers and buyers are the relatives. Why so? "Has an established practice under which such transactions are usually entered into with the intention of" hidden "sales - explains Mikhail Kovalyov, head of the credit OAO Flexinvest Bank. - What does the early phase of execution of outstanding debt. Often, the owners of such transactions, trying to get the maximum amount of credit, are colluding with appraisal companies for overstating the estimated value of the collateral. And as a result banks get credit for that do not pay any principal or interest, the bank formed by such loan greater reserves in the finals gets the balance of non-core asset (apartment, house, etc.), for which still need to pay taxes and contact the realtor agency for the implementation of this asset. " So, according to our consultants, most banks will refuse to immediately issue a credit, accept only some of that potential borrowers have to thoroughly search. On the other hand, what harm in that the author of this letter does not want to buy an apartment, and get your hands on a lot of money, then to gradually repay the loan? Why did before the revolution, the owners of estates mortgaged and remortgage them, and modern citizens can not? The experts explained to us that for this there are special loans - "non-target", "pawn". Their borrower can spend for any purpose. But we must remember that you get on your hands is not the amount by which the count - mostly no more than half the cost of housing (more - less), and the interest on the contrary, will appoint a high - 20% per annum - this is not the limit. For example, the author of this proposed facility for the market price of about 5,5 million rubles. only 550 thousand rubles. Interest in this case were the same as if I took a "normal" mortgage loan pukka million in three - affects fee "riskiness" of my surgery. So feel, as they say the difference. So the answer to the author the question is this: a mortgage loan you will not be, try to search pawn or loan "for any purpose secured by real estate." Such a loan over a mortgage is not beneficial, but what else you do, apparently, no. Divorce in mortgages: who pays, who flat? We got married only recently - half a year ago, and took out a mortgage apartment. The Bank has issued credit to her husband because of his official income more. And I was the guarantor. Someone will now be flat? At an initial contribution of my parents gave 500 thousand rubles. And her husband's parents - 150. This, unfortunately, not documented. First of all, divorce is no reason to stop paying on the loan. "The fact that the marriage breaks up, does not affect the combined loan commitments - Victor adamant ridge, the deputy director of retail business KB Moskommerzbank. - Prior to the loan borrower is the spouse, and letter-writer - a surety. " Thus, we must continue to pay as paid. This, of course, presupposes a certain level of understanding between the parties - for example, to negotiate, but who pays. In reality, a divorce often leads to the fact that no joint status of "former" to not want to. But this should be clearly understood that the bank has an enormous amount of leverage against dishonest debtors, and he always uses these levers. And get everything - and the borrower and the guarantor. So it is better to somehow agree, somebody would be this loan (and the apartment later) or are you divide it among themselves. But if the apartment was not shared, the marriage contract, which would be spelled out all the details - to whom and that after divorce does not exist, and the loan once paid, by whom it will be the result? First of all, let's not forget that in accordance with Article 256 of the Civil Code and Article 34 of the Family Code, property acquired by spouses during marriage is their joint property. A paragraph 3 of Article 34 of the UK, even details that the right to community property belongs to the one who during the marriage led household, caring for children or for other valid reasons did not have an independent income. So even if the loan is designed for your husband, it does not mean that he - the sole owner of the dwelling. "After the loan or in case of sale of the property from under the mortgage, if there is no marriage contract, which defines the order of partition of the property, the property can be divided by agreement or court order", - said Victor Ridge (Moskommerzbank) . What - is already the author of themselves - means the need to collect evidence of what exactly you pay: in any case not disposed of card payments. Be useful in court. There, the author of the letter will have to prove that her parents made an initial contribution of more money than her husband's parents. "If these amounts are not transferred by non-cash payment or not there are any other payment documents, one can only hope for the integrity of the other spouse", - said Mikhail Kovalev (Flexinvest Bank "). Well, let's wish the author success, but still advise all be resolved peacefully. Mortgage, if the husband - a foreigner, and co-borrower - mom entrepreneur and her husband want to buy an apartment for a mortgage, but there is a difficulty: he is a citizen of Kazakhstan. A year later, is going to get Russian citizenship. We have a child, soon to be second. So part of the mortgage plan to pay off the parent capital. Another major nuance - the official sources of income we do not have (money, of course, we earn). My mother - the private entrepreneur. Could it be a co-borrower? And what are our chances? Issues, in fact, there are a "bunch". Foreigner - this is for the banks is in itself desirable, in this regard, our consultants were unanimous. "Typically, banks lend only to citizens of Russia, - says Yuri Ptitsyn, vice president of the Moscow Industrial Bank. - Since there may be difficult to determine the location of the borrower - a foreign citizen and his property, if the apartment would be insufficient to repay the debt. " "According to the rules BSGV borrower may only be a resident of the Russian Federation - fully agrees Dmitry Demeshko, head of alternative sales channels Banque Societe Generale Vostok. - Therefore, the borrower will not be able to become her husband. " But as we understand, the husband a woman write a letter, going to resolve this issue. So it will be the first thing the couple needs to be done. And the second - to seek formally well-paid job. Because officially unemployed candidates and the bank will not be considered. As for my mother - that here too there are difficulties. Banks do not like business owners: consider that they do not take credit for a mortgage, but in order to close the holes in their business. Accordingly, the loans are either not given at all, or a higher percentage. Banks prefer people with a stable salary, working on a large (preferably public) corporations. Also, apparently, your mother - the lady in years. Bankers again prefer applicants from 30 to 40 years. So mom's not that you should not generally apply to the bank, but should be ready for long-term "bodaniyu. On the other hand, private businessmen have this habitual, tempered their state. Get a loan for an apartment "is not a" I want to buy an apartment her parents. And place it in the property immediately to them. Do give me credit if I am not going to become the owner of this apartment? Such an option is possible, however, the opinion of our experts are divided on the details. "In this situation, there is nothing non-standard: such programs do exist, however, the persons in whose favor can be bought apartments, limited to family members, - said Mikhail Kovalev (Flexinvest Bank"). - As a rule, such situations arise when parents buy apartments for students with children; children that improve conditions for parents, spouses in a marriage contract, etc. In this case, there are standard conditions, ie rates on bank loans do not increase. " But there was another opinion - it comes down to the fact that mortgage must be a pledge of immovable property (actually, this is the essence of the mortgage). And in this situation, someone buying an apartment in the name of another person, would make a decision that belongs to this other property would be pledged. He is kind of like to decide for others - and this is a good loophole to the nominal owner of the apartment and then declined from its obligations. "In this case, it would be a consumer lending and, consequently, the interest rate on the loan, it is likely to be increased", - says Yuri Ptitsyn (Moscow Industrial Bank). Make the following conclusion: the bank that will agree to your terms, to find it was still possible, but will have to exert some effort. Buying an apartment, where construction was financed by bank chooses an apartment and are considering a new building, where construction was financed by the bank. It is going to take the credit. Does it give us some advantages - for example, the bank will encourage us something for the choice of "their" facility? And whether or not the bank's participation in the construction of at least some assurance that there will be unfinished and we are not adding to the ranks of the defrauded real estate investors? On the first question is obvious - most often the answer is yes. "As a general rule, the bank provides a mortgage loan with a lower interest rate if the borrower chooses to purchase facilities financed by this bank," - said Marina Nelyubova, deputy director of retail business of SMP Bank. However, the wisdom of "trust but verify" has not been canceled. "We must see a concrete proposal made by the bank to you, and compare it with the standard sentence for a similar program (for new buildings), financed by the bank does not participate - recommends Mikhail Kovalev (Flexinvest Bank"). - And all will become clear. " The second is more complicated. Almost all construction companies by someone credited as unfinished, as we know it happens. So that bank participation in financing the construction of special safeguards, in our view, does not. True, if a solid company is in partnership with a solid same bank, for example - DSC-1 and VTB 24, then, of course, a certain "quality mark". But in most cases, the builder should be checked and taken very seriously. The Bank requires money for help are mortgage lender, pay on schedule. To obtain the tax deduction it took me a certificate of paid on the loan amounts. The bank said that for such a certificate should I pay 1000 rubles. Last year they were given free of charge. Act, whether such exaction? The answer, unfortunately, is very simple: all of these issues - the subject of agreement between the parties. As recalled by Anna Ovchinnikov, head of legal department of the bank's "Opening", according to Art. 1930 Federal Law "On Banks and Banking Activity" (from 02.12.1990 N395-1), the relationship between the Bank of Russia, credit institutions and their customers are carried out on a contract basis, unless otherwise stated. Art. 29 of the same Federal Law states that the interest rates on loans and deposits, the order of their definition and the commission on transactions are established by a credit institution by agreement with clients. And Art. 421 of the Civil Code stipulates that the contract terms are determined at the discretion of the parties. Thus, the bank is entitled to determine which of its services are free for the client, and what - no. The client is given a different law - agree or disagree with these rules. Signed a credit agreement, which states that the certificate will be paid for (most likely, even when it is written will not be - a reference to the internal regulations of the Bank) - not obessud To its credit, the banks have to say that the majority of our consultants have been surprised by such a niggling - in their organizations similar documents are issued to customers free of charge. Bank itself complicates the sale of flats bought an apartment in the mortgage, then our financial situation had deteriorated, and we are forced to sell it. The Bank seems to be no objection, but raises the condition that the transaction took place at his house. But the market is a lot of buyers who do not have cash, and loans - from other banks. Their banks have put forward a similar environment - a transaction only on our territory! It turns out that a huge number of buyers we are losing. Unfortunately for borrowers, banks really tough insist on this matter. "The requirement of the bank at the place of the transaction and the loan is almost impossible to change, - said Vladislav Esenkov, deputy chief of department on work with clients CB Unifin. - However, it is worth noting that not all lenders insist on this point. " So here it will be to learn the hard way - next time, choosing a bank, to look at this contract clause. And yet - do not waste your time and look for a buyer who will arrange the bank, nothing more remains.
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