How to remove the encumbrance from an apartment after paying off the mortgage? The mortgage has been paid off - don’t forget to remove the encumbrance from the apartment. How long does it take to remove the encumbrance from the apartment?

When purchasing an apartment in a new building, the buyer can be sure that the property is legally clear. But not everyone can afford a new apartment, and many housing transactions are made on the secondary market. There is a high risk of buying an apartment with encumbrances. In the article we will look at the procedure for removing the encumbrance from an apartment under a mortgage, as well as how long it takes to remove the encumbrance from an apartment under a mortgage in 2019.

Download sample documents

What is an encumbrance?

An owner who offers to buy an encumbered property is not necessarily a trespasser. Such transactions are possible upon obtaining the consent of the mortgagor. In many cases, the fact of an encumbrance allows the buyer to receive a significant discount. But when purchasing such an apartment, the buyer must understand how the mortgage encumbrance on the apartment is removed, and why it is dangerous.

A mortgage as an encumbrance on property that is pledged under a mortgage agreement begins to operate from the date of state registration of the mortgage (Article 11, 102-FZ). An encumbered apartment is a living space with restrictions on use. The owner does not have the right to perform certain actions with his apartment without the consent of a third person or organization. An encumbrance is placed on real estate in the following cases:

mortgage (during the period of its payment, housing is used as collateral);
life annuity agreements;
trust management;
seizure of the apartment;
rent;
easement (restrictions on the right to use someone else’s property);
a certain apartment is a cultural monument and national treasure.

On what grounds can the encumbrance on an apartment be removed after full payment of the mortgage and in other cases?

Grounds for removal of encumbrance:

providing an application from a bank or other organization;
written application from the lender and borrower;
availability of a mortgage indicating the fact of repayment of the debt. A sample mortgage note can be downloaded;
a copy of the resolution, if the court decided to cancel the mortgage;
a document confirming ownership as a result of the sale of collateral real estate at auction.

How to remove the encumbrance on an apartment after paying off the mortgage?

The mortgaged apartment remains the property of the mortgagor and is registered as collateral to the lender (bank). After the mortgage is repaid, the mortgagor can remove the encumbrance from the property that was registered as collateral.

Where is the encumbrance removed from an apartment after the mortgage is paid off? After excluding the registration record of the mortgage, the owner of the property receives from Rosreestr or the MFC another certificate confirming ownership, with the absence of a record of the existence of an encumbrance of rights.

Let's consider the procedure for removing the mortgage encumbrance from an apartment:

contact the bank, draw up an application to remove the encumbrance, obtain documentary evidence of the fact that the debt has been repaid;
collect a complete package of documents;
apply to government agencies to remove the encumbrance;
submit documents to the MFC personally to all owners or by power of attorney to remove the encumbrance from the apartment (a sample power of attorney can be downloaded);
receive new title documents without a note indicating the presence of restrictions on the right.

How to find out if the encumbrance on an apartment has been removed? This fact is confirmed by the issuance of a new certificate of ownership; they can also issue a certificate stating that there is no mortgage.

The scheme is appropriate if the borrower repays the loan independently. If the mortgaged living space has been sold or the buyer himself interacts with the bank, the mortgage and a certificate of debt repayment are issued after the buyer deposits money to repay the debt.

When is the encumbrance removed from an apartment with a mortgage?

The apartment is recognized as free from encumbrances when the corresponding entry is made in the Unified State Register. If the owner needs to be issued a new certificate of title, he must wait 30 days. The quickest option to confirm the fact that restrictions have been lifted is to request an extract on the removal of the encumbrance on the apartment.

Removal of encumbrance from an apartment upon full repayment of the loan

After the client has fully repaid the mortgage, he goes to the banking organization that provided him with the loan. Bank employees will confirm or deny the fact of full payment of the debt. You need to request a certificate of removal of the encumbrance from the apartment for the cadastral chamber. But it is better to insist on a joint visit there with a bank employee.

Let's look at what documents are needed to remove the mortgage from an apartment:

application (a sample is posted on the Rosreestr website or you can download it here);
mortgage holder statement (can be downloaded);
owner passports;
bank mortgage with a note indicating full repayment of the loan;
notarized power of attorney, if the procedure is carried out by the owner’s representative;
a court decision with a requirement to terminate the mortgage;
a copy of the loan agreement;
documents for living space.

There is no need to pay a state fee to remove the encumbrance from an apartment.. It is paid to obtain an extract from the Unified State Register - 400 rubles. Next, we will consider how much the encumbrance on an apartment under a mortgage in the MFC is removed.

How to remove the encumbrance from an apartment in the MFC after full payment of the mortgage?

Borrowers often have a question about how long it takes to remove the mortgage encumbrance on an apartment. Bank clients do not have to wait long. You can remove encumbrances from an apartment after closing the mortgage in the shortest possible time. The MFC removes the encumbrance within three working days. It may take two more days to send the documents to Rosreestr.

If the mortgage is repaid by a borrower who is a participant in shared construction, the period is five working days. If the banking organization undertakes to submit the application independently, the period will increase to 14 working days.

The list of documents for removing the mortgage encumbrance from an apartment in the MFC is the same as in the bank.

A few days after submitting documents to remove the encumbrance on the apartment, you need to return to the MFC and clarify whether the mortgage record was removed. The answer will be oral, but you can order an extract from the Unified State Register. After 5 days, a document on ownership will be issued, which records the date of removal of encumbrances.

How to remove the encumbrance from an apartment after paying off the mortgage at Sberbank or VTB?

The procedure for removing the encumbrance from an apartment upon full repayment of the loan is the same for all loans secured by real estate and for all large banks: Sberbank, VTB and other banks. The client contacts the bank and writes an application to remove the encumbrance on the apartment.

The first way to formalize a withdrawal - a mortgage was drawn up:

the bank provides the client with a mortgage and marks the full fulfillment of the obligation secured by the mortgage, as well as other documents that are necessary to remove the encumbrance;
The mortgagor submits a mortgage note to Rosreestr or the MFC with a note indicating full fulfillment of the obligation secured by the mortgage and removes the encumbrance.

If the mortgage has not been issued:

the bank agrees with the client on the day of the joint visit to Rosreestr or the MFC;
on a certain day, the bank and the mortgagor submit a joint application to remove the mortgage record to Rosreestr/MFC.

A mortgage is a security that confirms the right of its legal owner (Article 13, 102-FZ):

obtain fulfillment of monetary obligations that are secured by a mortgage, without providing other evidence of the existence of these obligations;
right of lien on mortgaged property.

How to remove the encumbrance from an apartment after paying off the mortgage at VTB 24? The algorithm of actions is the same. After the last loan payment, the client dials the bank's phone number and agrees on the place and date of the meeting with bank employees.

How much does it cost to remove the encumbrance from an apartment after paying off the mortgage? Some banks provide the service of removing the encumbrance and collecting all papers for a fee. The tariff is determined depending on the purchased housing and the conditions of the bank itself.

Where else can the mortgage be removed from the apartment if the procedure is refused?

If the owner of the apartment completely pays off his debt obligations to the bank, the organization cannot refuse to remove the encumbrance. If you receive a refusal, you must file a complaint or lawsuit in court..

If the bank that issued the loan is liquidated, you will need the following package of documents to remove the mortgage encumbrance from the apartment:

the borrower must submit an application to Rosreestr through the MFC;
an extract from the Unified State Register of Legal Entities, which confirms the fact of liquidation of the bank.

Many borrowers are confident that if the bank is liquidated, their mortgage will be repaid automatically. This is a misconception. The bank transfers the rights of the mortgagee to another person or organization. The borrower's obligation to repay the money will remain only to another organization.

How to remove a lien from an apartment through the court: a sample statement of claim to the court to remove the lien from an apartment

If any disagreements arise and cannot be resolved peacefully, you can submit an application to the court, a sample of which can be downloaded here. The application must contain the following information:

name of the court;
applicant’s personal data, contacts;
defendant's details;
information about the collateral, including address;
information about debt repayment, indication of exact payment dates;
title documents for the apartment;
the reasons for drawing up the statement of claim, the demands put forward.

How to remove an encumbrance from an apartment on a military mortgage?

If the mortgage is military, you need an application from the Federal State Institution “Rosvoenipoteka”. The application, the borrower’s passport and the previously listed documents are submitted to the MFC or the Registration Chamber.

How to find out whether the encumbrance on an apartment has been removed in Rosreestr?

In the Unified State Register you can find information about various restrictions on real estate. The extract can be ordered in person at the Registration Chamber office or online. This information can also be obtained from various online resources, including on the Rosreestr website.

Watch useful video

Where can I get a certificate of no encumbrance on the apartment?

EGRN is the state register of the Cadastral Chamber of Russia. The USRN extract contains basic basic data regarding any object of property rights, as well as restrictions on this object. Information about encumbrances is contained in a special section of the statement, if any. If there are none, indicate “not registered”. The document is valid for 30 days.

How to remove the encumbrance from an apartment after paying maternity capital?

Before removing the encumbrance after paying maternity capital in 2019, the following measures are taken:

actions are taken in advance to change the form of ownership;
you need to inform the bank about the need to carry out the procedure;
Passports, deeds of gift, documents for real estate, for children, and a marriage certificate are submitted to the registration chamber.

Algorithm:

the borrower repays the loan, as well as penalties;
the pledgor requests from the banking organization an application to remove the encumbrance, which is intended to be submitted to the registration chamber;
the encumbrance is removed from the apartment that is under mortgage;
a stamp indicating the release of the deposit is placed on the registration certificate.

Is it possible to remove the encumbrance from an apartment in another city?

Before contacting Rosreest with an application to remove the encumbrance, you must obtain supporting documents from the bank about the repayment of the mortgage loan. If the client receives these papers, he can submit documents to Rosreestr through the MFC in the country with an application to remove the encumbrance from the apartment.

What happens if you do not remove the encumbrance from the apartment after paying off the mortgage?

The encumbrance imposes the following restrictions:

a mortgaged apartment cannot be donated, sold, or pledged without the consent of the bank;
if you register strangers without the bank’s consent, problems will arise;
You cannot officially rent out residential premises to long-term tenants.

All restrictions are specified in the loan agreement. Immediately after paying off the mortgage, the encumbrance does not have to be removed. But the bank that issued the loan may be liquidated in a few years, and it will be difficult to collect a complete list of documents to remove the mortgage encumbrance from the apartment.

Encumbrance means a limited ability to own, use and dispose of property. It arises at the will of the owner himself, by virtue of a concluded agreement, or due to circumstances beyond his control (for example, seizure).

Any encumbrance means a prohibition on the free expression of will, that is, the owner cannot independently, without the permission of the person in whose favor the encumbrance was imposed, sell, lease or otherwise dispose of the thing, be it an apartment or a plot of land.

The encumbrance can be in the form of:

with lifelong maintenance;
arrest;
guardianship;

You can find out about the presence of a restriction by contacting the registration authority, which is Rosreestr, and paying a state fee of 200 rubles for citizens and 600 rubles for an organization. Information from the unified register of rights is open and can be obtained by any interested party.

Depending on what was the basis or cause of the encumbrance, there is a certain procedure for its removal. Regardless of its type, the withdrawal procedure is free and the deadline established for this procedure is the same, within 3 days from the date of filing a joint application with the mortgagee or submitting a judicial act on its cancellation.

Removal of an encumbrance in the form of a pledge or mortgage is possible after full settlement with the bank or other creditor. Proof of debt repayment is a certificate, which is drawn up in any form, the main thing is that it indicates that the debtor has fulfilled the obligation in full.

submit an application from the pledgor and the pledgee to the registration authority;
submit a mortgage note, a certificate of settlement;
maintain a one-month period and receive a new certificate for the property, which will not contain a record of the encumbrance.

There is another type of encumbrance - a mortgage by force of law, it arises when a purchase and sale agreement is concluded and it states that payment for the property is not made immediately, but in parts. The certificate is issued to the new owner with a record of the mortgage according to the law. After the final repayment of the debt, the parties write a mutual statement and attach a receipt for the absence of debt.

If the pledgee refuses to file an application, then the pledgor has the right to file a claim with the court to declare the encumbrance void and refer to all the facts and circumstances and present the relevant evidence. After the court decision is made, the Rosreestr authorities remove the encumbrance.

Lifetime annuity

is an agreement between the owner of an apartment or house on lifelong maintenance and care in exchange for the transfer of property into the ownership of a person who undertakes to provide all this. The contract stipulates the terms of the amount of payments for monthly allowance, what expenses should be covered by rental payments, as well as the encumbrance of housing in the form of residence of the rentee until his death.

Due to the rent, the new owner cannot make any transactions with the apartment or house without the consent of the resident.

The annuity ends on the death of the former owner. The rent agreement and transfer of ownership are subject to mandatory state registration; information about the encumbrance is included in the certificate.

Withdrawal occurs as follows:

an application is submitted to the authorities;
documents confirming the death of the annuitant are attached;
If there is a legal dispute between the heirs of the deceased and the new owner, the withdrawal procedure is suspended until the court decision comes into force. If the result is positive, the rent is withdrawn based on a judicial act.

Rent

The contract must indicate that payments will be made through maternity capital after state registration. Part of the money is paid directly at the time of execution of the contract; a receipt from the seller or a bank payment document is presented as confirmation.

The certificate of title will be issued with an encumbrance in the form of a mortgage by force of law, since final payment to the seller has not been made;
A registered purchase and sale agreement and a certificate of ownership of the owner of maternity capital are submitted to the Pension Fund. Funds are transferred to the seller to a personal account or card;
We submit documents on the final payment to Rosreestr. This may be a certificate from the seller with a payment order from the Pension Fund attached. We receive a certificate without encumbrance.

How to remove a burden in unusual situations

All of the methods listed above are suitable for cases where everything is stable and the parties comply with all agreements and there are no difficulties in removing the encumbrance. But in life very often unforeseen moments happen that do not fit into a pre-developed scheme. Let's consider several situations where the following problems arose:

The seller of an apartment or house has died

When concluding the contract, the parties provided for a deferment or installment payment for the property, as a result of which a mortgage arose by force of law. The seller died before the settlement was completed. If the payment has already been made, then it is enough to submit receipts or payment documents confirming the transfer or transfer of money. It is advisable that payment orders be accompanied by a bank certificate for authenticity.

In the event that payment was not made in full, then the final repayment of the debt will have to be addressed to the heirs, and it will be necessary to wait until they enter into inheritance rights. Certain complexity may arise if there are several heirs and the shares between them are unequal.

To resolve the issue of settlement, you can send a letter to the heirs so that they indicate the size of their shares and the details to which the money can be sent. If an answer is not received, then it is better to file a claim in court to remove the encumbrance and, during the consideration of the application, establish clarity in the distribution of funds and pay the debt in proportion to the shares of the heirs.

If the heirs are ready to accept the money on a voluntary basis, it is enough to submit to the registration authority a payment document, a death certificate and an acceptance of the inheritance and a mutual statement.

The creditor has disappeared

Under the obligation secured by the pledge, the creditor has disappeared and it is not possible to establish contact with him or find out his whereabouts. It is also impossible to repay the debt by transferring funds using bank details, due to the fact that the account is closed.

In this case, you can fulfill the obligation by depositing the balance of funds with the notary in accordance with Art. 327 Civil Code of the Russian Federation. The notary, having accepted the money, is obliged to notify the debtor at all known addresses. The creditor can receive the balance of the debt within 3 years. The document issued by the notary is evidence of complete payment and can be submitted to the Rosreestr authorities.

When a creditor is absent for a long time, his relatives can legally recognize him as missing and appoint a trustee to conduct transactions with his money and property. If there is a court decision, you need to contact the manager, receive a letter from him about where the funds should be sent, and after settlement, request a certificate or other document confirming the final settlement.

To remove the encumbrance, the registration authority is provided with a court decision on declaring the person missing and appointing a manager, as well as documents on debt repayment.

The statute of limitations for debt collection has expired, but the encumbrance has not been removed

The debtor did not pay the due date in full, More than 3 years have passed since the delay, and the creditor takes no action to collect it. The encumbrance in the form of a pledge still hangs on the property, and the owner is limited in his rights to dispose of it.

The general limitation period is 3 years from the date of delay in fulfillment of the obligation.

If they have expired, then you need to file an application with the court to recognize the pledge agreement as terminated and the absence of an encumbrance, and it is necessary to prove that the defendant did not take actions aimed at collecting the debt within the established time and, accordingly, lost the right to receive it.

According to the general rules of legislation, the expiration of the terms of the main obligation from which the debt arose entails the termination of the additional one in the form of collateral, and accordingly it must be terminated. The court decision is submitted to the registration authority.

Before entering into transactions, all persons must ensure that there are no encumbrances on the property. To do this, you need to collect all the documents that are required to conclude an agreement, obtain an extract from the register of rights, and only after that begin processing the transaction.

Buyer Information

Few people want to purchase an apartment with an encumbrance, but for a number of reasons it can be very profitable. The video below explains the features of a purchase and sale transaction if the object is housing “with a makeweight”.

Encumbrances of various kinds limit the freedom of action of the owner. At the same time, they can be installed either by the owner himself or by an authorized body or court. Restrictions may arise due to various circumstances: when purchasing with a mortgage, drawing up a rental agreement, or arrest. Removal of encumbrances from an apartment, house, other living space, plot of land after payment of the mortgage, as well as shares in the right of ownership of these real estate objects, occurs depending on the method and nature of its imposition. Thus, a mortgage is based on the fact that the subject of the agreement is pledged to a banking institution until the borrower repays the debt. Papers that confirm full repayment of the debt are presented to Rosreestr, MFC, after which the mortgage record is liquidated, the rightful owner can then dispose of his property without any problems. We will talk more about the procedure in the presented material.

Removal of encumbrance

From a share of an apartment

The legislator provided for ownership of real estate in the form of a share. A restriction in the form of alienation is imposed on a part belonging to a certain subject. The circumstances for this are exactly the same as during the registration of encumbrances on the entire residential area: arrest, pledge, rent. The process of removing the restriction on a share in an apartment is similar to the procedure for encumbering the entire residential premises. The sale of an apartment, part of which is pledged, can only be carried out with the approval of the lender.

After the mortgage

In most situations, restrictions are imposed when purchasing real estate on credit. When the debt is fully repaid, it is possible to legally formalize the removal of the encumbrance from the apartment. This problem is dealt with by the FSGR (Rosreestr) or the MFC. There you can also obtain the necessary sample application for lifting the restriction on housing.

If you do not have the time and energy to personally participate in this legal process, you have the opportunity to turn to specialists. They will perform all the necessary actions for a fee. It is not necessary to order full legal support; you can sign up for a consultation with a lawyer. In simple cases, one conversation with a specialist will be quite enough for a positive outcome of the case.

Procedure

Let's consider the procedure for removing mortgage encumbrances from an apartment in 2017. After repaying the loan, the borrower needs to perform a series of actions that complete the transaction with the financial institution. It is required to terminate the residential insurance contract and remove the encumbrance from it. If the employees of the creditor bank do not help you, you will have to go through the procedure yourself:

obtain from the bank a certificate of full repayment of the debt, which should indicate that there are no claims against the borrower;
take care of the note in the mortgage, take the loan agreement here (if necessary) and other missing documents on the mortgage;
find out from the MFC or the territorial Rosreestr the exact list of papers required for submission, the procedure for going through the process of removing the encumbrance from the apartment and other points of interest;
fill out the application form, pay the fee and prepare a set of documentation;
contact the MFC or Rosreestr, submit papers to the registrar;
wait for a decision to be made. Approximate time frame – three working days from the time of receipt of all documentation;
receive an extract from the Unified State Register.

The main legal acts regulating the legal removal of mortgage restrictions on housing:

Law “On Mortgage (Pledge of Real Estate)” dated July 16, 1998 No. 102-FZ;
Law “On state registration of rights to real estate and transactions with it” dated July 21, 1997 N 122-FZ.

Documents

What documents are needed to remove the encumbrance on an apartment? After you have visited the registrar and clarified information about the upcoming procedure, it is advisable to order documentation from the bank, where they must issue you:

A letter to the registering institution stating that the borrower has repaid the debt.
Statutory papers.
A document in the form of a mortgage on the completed settlement with the bank and an acceptance certificate.
Power of attorney (under which the borrower can represent his interests in the registration authority).

List of documents for removing the encumbrance from an apartment for the borrower:

statement;
passports of all co-owners of property with encumbrances;
a document establishing ownership of the living space.

The above-mentioned documents are submitted to the Rosreestr office. After studying the requirements, the encumbrance record is liquidated.

If desired, the property owner has the right to order a new document without an inscription on the restriction.

Statement

It should contain the following information:

personal information of the applicant (passport details, address);
name, details, legal address of the pledgee;
information about the loan: description of the amount and term, terms of the agreement and termination date.
indication of the absence of mutual obligations and debt.
a request to lift the restriction to dispose of property on behalf of the owner.

An application to remove the encumbrance from an apartment is written in Rosreestr when submitting documents, a fee is paid, after which the interested person is given a receipt for accepting the papers. Within a couple of days, your application will be reviewed and a new document will be issued for the right to dispose of the apartment.

Deadlines

The date of removal of the restriction from the apartment corresponds to the moment the information was entered into the register. As a rule, the period for making an entry is 3 days, with a power of attorney on behalf of the borrower - 5 days from the time of registration of the application. At the MFC, the review period is extended by another 2 days. Since it takes about 2 more weeks (based on the rules in force in the institution) to request documents from the mortgagee, the total period can be increased to 3 weeks.

State duty

According to the law, before removing the mortgage restriction, a fee must be paid. It is small, and the registration authority will not accept the paper without the receipt provided. The owner finds out the amount of the amount and receives a receipt form from Rosreestr, then pays it at the post office or a branch of Sberbank of the Russian Federation. Next, he gives the registration institution a receipt for payment or a photocopy of it. In 2017, the amount of state duty to remove the encumbrance from an apartment is 350 rubles.

How can you find out if there is an encumbrance on an apartment?

In anticipation of purchasing an apartment, you need to independently find out its legal status and carefully consider the papers on the right to own the property. To obtain information about the presence of restrictions, you need to request an extract from the Unified State Register for living space. A convenient option when checking an encumbrance is to visit the Rosreestr office itself or use state portals - the official website of the FSGR and State Services. In the issued statement, if there are no restrictions on housing, you will see the phrase “not registered.” If there are encumbrances, the detailed circumstances of their occurrence are indicated.

To avoid problematic situations, before closing a mortgage loan, contact the bank and find out the procedure. If you want to pay off the balance of your debt, don't forget about the interest accrued for the period between the day the money is deposited into the account and the date it is recorded as the last payment on the loan. Controversial issues often arise on this matter, but the credit institution is right in this case. The required payment of the full amount of insurance may also be an obstacle. In a situation where a banking institution refuses to repay a mortgage debt, for example, illegally demanding to pay an additional amount or making claims without grounds, then the problem is resolved in court, a statement of claim is filed to remove the encumbrance from the apartment.

By contacting the lawyers of our site, you will get rid of existing obstacles without wasting effort and money. We will help you file a claim and collect the necessary papers to remove encumbrances from your apartment. Consultation can be obtained by phone or online on the website.

The presence of requirements approved by legislation or authorities that limit a citizen’s ability to dispose of property at his own discretion is called an encumbrance.

There are several types of limitation of rights to real estate:

Easement - permission to exploit someone else's property within certain limits. For example, it can be issued for work on laying communications affecting the territory of a land plot.
Mortgage - restriction of the grounds for use of property by its owner.
Rent - encumbrance imposed in connection with the conclusion of an agreement on lifelong maintenance with a dependent. Terminates after the death of the recipient of the funds provided by the agreement. Registered together with the mortgage. Thus, two restrictions are imposed on the property at the same time. Moreover, the second can only be removed through court. Since the law requires a statement from both parties, which is impossible for obvious reasons.
Trust management - disposal of an object by a third party to make a profit in favor of the owner.
Rent - an agreement to operate an asset for a monetary fee.
Arrest - ban on transactions.
Concession agreement - providing for a certain period of time the opportunity to use the property in the following way: carry out reconstruction and carry out activities related to it.
The object is a cultural heritage. This imposes additional responsibilities for its maintenance and preservation.
A ban on the sale of housing in a dilapidated building, imposed by authorized structures and entered into the Unified State Register. If it is not prohibited to conduct transactions for the sale of such premises, then the seller is obligated to notify buyers about the status of the premises, otherwise they will be able to terminate the contract in court.

It is worth noting that the regulations of the Russian Federation also approve other conditions for pledging real estate, and there are quite a lot of them.

The encumbrance of rights to residential premises must be recorded by the relevant authorities. When completing a purchase and sale transaction, you can order an extract from the Unified State Register of Rights. This will protect the buyer from an unscrupulous seller who wants to hide the fact of the pledge.

On the other hand, the restriction imposed on property does not deprive the owner of the right to sell and passes to the new owner along with the object.

Is it possible and necessary to remove the encumbrance from the apartment?

It is worth extinguishing restrictions on the use of residential real estate first of all if they prevent transactions in relation to it. In any case, this is possible only after reaching an agreement with the mortgagee.

Legislative framework

The norm of the Civil Code of the Russian Federation establishes that the goods sold must be exempt from the rights of third parties. Otherwise, the buyer may demand termination of the transaction or a price reduction. From the judicial practice that has developed in this regard, it can be concluded that then here we are talking about a restriction that prevents the ability to dispose of one’s own property.
To conclude a contract for the sale and purchase of residential premises on which an encumbrance has been imposed, it is necessary to obtain the written consent of the creditor.
The person acquiring the object must be informed that that he is on bail.
Alienation of real estate with an encumbrance is impossible only if she is arrested or if there is a record in the Unified State Register prohibiting the transaction due to the emergency condition of the house.
A restriction is considered to be a lease agreement concluded for a period more than one year.
It is possible to conclude a property lease agreement without notifying the mortgagee if unless other conditions have been previously agreed in writing.
Limitation of rights to use a residential property is inseparable from it. Therefore, when the property is sold, it passes to the new owner.

So, it is possible to remove the restriction on the right to dispose of property from a residential premises if you have the written permission of the creditor

This is necessary in cases where there are obstacles to completing a transaction with such housing. The possibility of repayment depends on the reason for the imposition of sanctions.

How to find out if an encumbrance has been placed on an apartment

To check information about the existence of a pledge in relation to a specific object, you can order an extract from the Unified State Register of State Registers.

There are several ways to get this information:

Order on the Rosreestr website directly from your computer. The delivery period is five working days. Cost - 150 rubles. This option will undoubtedly save time and nerves. And at the same time, there will be no seal or signature on the electronic document. Such an extract will help verify the presence or absence of collateral. But it cannot be used as an official document.
Contact the Rosreestr office or the Multifunctional Center in person. You should have with you: a passport, an application and a receipt for payment of the fee - 200 rubles. During the same period as for applying via the Internet, an extract certified in accordance with legal requirements is provided.

Unfortunately, not all methods of restricting rights are subject to registration. For example, a home seller purchased it using maternity capital. In this case, he gives a notarial obligation to allocate shares to all family members, including minor children. Thus, the transaction is complicated by obtaining permission from the guardianship authorities.

Therefore, some irresponsible citizens refuse to fulfill such a promise, since it is not recorded in the state register. Subsequently, the buyer of this apartment will become a participant in legal proceedings with the guardianship authorities.

Children who have reached the age of majority and who have been deprived of property entitled to them by law can also sue. As a result, the contract is declared invalid. The seller will have to return the money. But the problem is that due to inflation and rising prices, it will no longer be possible to purchase equivalent housing for this amount. In addition, funds can be reimbursed in parts.(if it is not possible to give everything away at once). And then the return may take years.

How to remove the encumbrance from an apartment taken on a mortgage

To remove the existing restrictions imposed on the right to use residential premises, you will need to perform a certain sequence of actions:

Completely repay the debt to the bank, including fines, penalties and interest specified in the agreement.
Contact the bank, which is the mortgagee, with a request to send a joint application for repayment of the encumbrance of the purchased housing to the state registration authorities.
Provide the necessary papers to Rosreestr at the location of the property.
After checking the documentation, the entry that the apartment is in collateral is excluded. A special mark is placed on the certificate of ownership confirming this fact.

How to remove an encumbrance from an apartment through court

If a dispute arises between the property owner and the mortgagee regarding the fulfillment of obligations. Or for some reason it is impossible to comply with the current legislation to pay off the imposed restrictions. Then the issue has to be resolved in court.

To do this you need to take the following steps:

File a claim.
Provide evidence of full compliance with all terms of the agreement.
Get a positive decision.
Within three working days after submitting the package of documents, receive a certificate with a stamp confirming the lifting of the limit on transactions.

How to sell an apartment with an encumbrance

First, you need to obtain the pledgee's consent to the transaction. If its role is played by a bank and we are talking about a mortgage loan, then there are two options for getting out of this situation:

If the buyer does not have the full cost of housing on hand, then the loan can be reissued for it.
- An agreement is concluded on the assignment of rights and obligations under the contract.
- A purchase and sale transaction for the property is drawn up.
- The new owner signs the necessary mortgage loan paperwork with the bank.
During the operation, the debt to the financial institution will be fully repaid.
- An agreement is drawn up, certified by a notary.
- The amount of debt on a loan is fixed at a certain point in time.
- The buyer pays off the seller's obligations to the bank. Then he receives the corresponding certificate and mortgage.
- Funds in the amount of the difference between the debt and the price of the property are deposited in a cell rented at a specialized institution.
- The lifting of restrictions is registered.
- The main purchase and sale agreement is drawn up and recorded in the relevant authorities. The buyer is issued a certificate of ownership.
- The seller receives money from the cell by presenting a document confirming the change of owner or an extract from the Unified State Register.

Do not forget that the final scheme of the transaction can only be approved with the participation of the pledge holder.

Required documents

To pay off the encumbrance you will need to provide the following papers:

Mortgage owner's statement.
Joint statement by both parties.
The obligation itself with a note of its full fulfillment.
Certificate of ownership.
Purchase and sale agreement.
Confirmation of payment of the fee (if required).

How much does it cost to remove the encumbrance from an apartment?

Government agencies do not charge fees for such actions. You will need to pay 350 rubles in case if it is necessary to obtain a new certificate without a note of restrictions.

What to do if the seller does not remove the encumbrance on the apartment

If you have all the documents confirming the fulfillment of obligations, there are two options for solving the problem:

Invite the former owner of the property to issue a power of attorney and carry out all actions independently.
Go to court. Since there are no grounds for restrictions, he will side with the owner.

Thus, if all debts are paid and the necessary conditions are met, you can safely contact the Federal Service for State Registration, Cadastre and Cartography.

Have with you:

Stakeholder Statements.
Proof of ownership.
Document confirming the repayment of obligations.

After three days, you can receive a certificate with a mark of exemption from restrictions.

Is it really all over, and the heavy burden of repaying the loan no longer chafes your shoulders? This is great, but the state does not know about the repayment of the mortgage, and the right to the apartment is still encumbered by the mortgage. What to do after paying off the mortgage, how to remove the encumbrance - let's look at it step by step.

The concept of encumbrance of rights

An encumbrance on the ownership of real estate may arise for the owner due to legally significant events and acts. The imposed encumbrance does not allow the owner to fully dispose of the apartment. Information about the existence of an encumbrance is recorded in the Unified State Register of Real Estate. What causes the grounds for encumbrance of rights?

Mortgage

The most common encumbrance is a mortgage. As a rule, this is a pledge of real estate in order to obtain a mortgage loan for its acquisition (construction). When we don’t have enough funds of our own to buy an apartment, we borrow from the bank.

Insuring against the risks of loan non-repayment, the bank takes the apartment purchased by the borrower as collateral. And until the loan is repaid in full, the owner is partially limited in his rights to it. Its alienation, long-term lease, reconstruction cannot be carried out without the consent of the lender.

We will consider below how to remove the encumbrance from your home when paying off your mortgage.

Rent

The use of someone else's property for a fee is called renting. In relation to residential real estate, the word rental is used. A lease agreement can also become an encumbrance on the right. If it is concluded for a period of one year or more, then it is subject to mandatory state registration with the entry into the Unified State Register of Data on the encumbrance of the right in favor of the tenant.

Upon expiration of the lease term, the encumbrance does not automatically disappear. According to the Civil Code of the Russian Federation, a contract is considered extended for an indefinite period if the parties continue to fulfill their obligations after its termination. Therefore, to remove the encumbrance upon expiration of the lease term, the parties must submit an application to Rosreestr.

Arrest

The apartment is seized by decision of the judicial authorities. Until the arrest is lifted, the owner will not be able to make transactions to alienate the apartment (sell, donate, bequeath, exchange).

An arrest is imposed in the event of property disputes, overdue debts, etc. The interested party goes to court, and if a decision to arrest is made, a corresponding entry is made in the Unified State Register of Real Estate.

The extinguishment of such an encumbrance record can only be lifted on the basis of a court decision.

Trust management

Housing can be transferred by the owner to a third party for trust management for various reasons arising from the owner.

Under a trust agreement, the owner’s trustee manages his property, and the owner receives a certain portion of the profit from commercial income.

The trust management agreement is concluded for a long term and is an encumbrance of the property right with a registration entry being made in the Unified State Register of Real Estate. It can be removed upon termination of the trust management agreement.

Life annuity

Often single elderly citizens are ready to bequeath their apartment to strangers. In return, they take on the responsibility of maintaining the homeowner for the rest of their lives. Based on a lifetime annuity agreement, the apartment will be encumbered in favor of the person maintaining its owner. The encumbrance is removed after the death of the annuitant based on an application accompanied by the necessary documents.

Grounds for removing mortgage encumbrances

So, the apartment is pledged to the bank, how to remove the encumbrance? What are the grounds for paying off the mortgage registration record in the Unified State Register of Real Estate?

The encumbrance can be lifted if the following grounds exist:

full repayment of the mortgage loan by the buyer;
based on the application of the mortgagor, for example, when selling the collateral with the consent of the bank with subsequent repayment of the debt;
physical loss of the collateral (burnt), and the balance of the loan debt was reimbursed to the bank by the insurance company;
by court decision;
on other grounds provided by law.

Let us consider in detail how the encumbrance is removed after the borrower has fully repaid the mortgage loan.

The procedure for removing the encumbrance when paying off a mortgage

How to remove the encumbrance from an apartment after paying off the mortgage? If the borrower has fully paid the bank under the mortgage agreement, this does not mean that the encumbrance on the apartment is automatically removed. The bank does not notify Rosreestr about the repayment of the loan, so the borrower himself has to perform a number of actions.

These actions are performed in the following order:

clarification with the bank of the amount of the last loan payment (down to kopecks) and payment of the required amount;
meeting with a loan officer to discuss the procedure for removing the encumbrance;
obtaining from the bank the necessary documents to pay off the mortgage record;
contacting the MFC with an application to make changes to the Unified State Register (sometimes together with a representative of the creditor);
make sure that the encumbrance on the ownership of the apartment is removed.

Procedural Features

How does the bank remove the encumbrance from the apartment after repaying the mortgage? The procedure for removing the encumbrance differs little from bank to bank. It is quite standard (see procedure above). Differences may arise due to some nuances, such as:

whether a mortgage was issued;
will a bank employee submit documents to the MFC together with the borrower;
Does the bank provide paid services for the removal of encumbrances?

This is shown in the following diagram.

VTB (VTB 24) can be found by calling the hotline.

We remove the encumbrance

If the procedure and timing of applying to the MFC are agreed upon between the bank and the borrower, then the actual procedure for submitting documents to remove the encumbrance from the apartment after full payment of the mortgage to the MFC follows.

Theoretically, documents for mortgage removal can be submitted to the local branch of Rosreestr, but in practice in 2018 everyone is sent to the MFC.

Reducing the number of contacts between Rosreestr specialists and applicants is aimed at reducing the number of employees.

What you will need when submitting documents

According to the changes made to the Mortgage Law, the set of documents for removing a mortgage depends on whether the loan was drawn up when issuing the loan.

If it exists, then the following documents will be required:

a common statement between the borrower and the bank holding the mortgage;
the mortgage note itself or the account statement if an electronic mortgage note was issued.

borrower's application;
a paper mortgage note, with a note from the bank indicating full fulfillment of obligations to repay the loan.

If the borrower did not issue a mortgage to the bank, you will need:

general statement of the borrower and the lending bank;
or:
application only from the creditor bank.

Also, when submitting documents to the MFC, the applicant(s) must have:

identity document and SNILS;
a power of attorney issued in the prescribed manner to a bank employee with the right to submit documents to the MFC;
a power of attorney issued by the bank to the borrower for submitting an application with documents to the MFC (if a bank representative is not present when submitting documents);
a statement from the federal executive body if the apartment was purchased by a military member participating in the NIS.

Other documents from the parties to pay off the mortgage record are not required by law.

Government services to help us

Is it possible to remove the encumbrance from an apartment through government services? Yes, an application for repayment of a mortgage record can be submitted through the public services service on the Rosreestr portal. But only holders of an electronic signature can do this.

On the Rosreestr website, in the electronic services section, select “Submit an application for state registration of rights”, then “Registration of encumbrances of rights” and finally, “Repayment of a mortgage registration record”.

For advanced users it will take no more than 15 minutes. You need to have on hand:

your passport;
SNILS;
purchase and sale agreement with a note on mortgage registration;
scans of documents (mortgage note with bank mark) in pdf format;
power of attorney (if the application is submitted by an authorized person);
file with the applicant's electronic signature.

State duty

There is no state fee for repaying the mortgage record in the Unified State Register of Real Estate. There is an explanatory letter on this subject from the Ministry of Finance of the Russian Federation dated December 21, 2007 N 03-05-06-03/96.

Paragraph 12 of Article 53 of the Law on State Registration No. 218-FZ emphasizes that the repayment of the mortgage record and the entry into the Unified State Register of data on the termination of the mortgage are not state registration of rights, that is, there is no reason to collect a state fee.

Also, the state duty for removing a mortgage is not provided for by the Tax Code.

Application processing time

An application for repayment of a mortgage record in the Unified State Register is considered within 3 working days from the date of receipt of the application by Rosreestr. Exactly to Rosreestr! But documents are submitted through the MFC. Therefore, you should add one day for the transfer of documents from the MFC to the territorial department of Rosreestr.

The period is slightly longer (5 working days) in the case of purchasing an apartment using borrowed funds to participate in the shared construction of an apartment building.

What do we get as a result?

The result of the legal examination of documents submitted to Rosreestr may be:

repayment of the mortgage registration record, removal of encumbrances from the apartment, cancellation of the mortgage or return it to the borrower (if there is his request);
suspension of actions to remove encumbrances. In this case, the applicant will be notified of the reasons for the suspension by telephone and by registered mail. The reasons for the suspension must be eliminated within 3 months.

These reasons are usually trivial and most often easily corrected. These are: errors, clerical errors, misprints in documents, or there is no mark on the mortgage regarding the fulfillment of financial obligations secured by the mortgage, etc.

How to find out about the removal of the encumbrance

After Rosreestr takes action to remove the encumbrance, the owner of the property is not issued any document in confirmation. How can you make sure that the apartment is “clean”?

It's pretty simple. 5-6 days after submitting the application, we go to the official website of Rosreestr.

In the online reference information about real estate, we specify the cadastral number of the apartment or its address. In a few seconds, information about the desired apartment will appear. Almost at the very bottom of the table there are the words “Restrictions and Encumbrances”. We open it and see “Not registered,” which means the encumbrance has been lifted.

Such reference information is publicly available. And any buyer can protect himself in this sense by simply checking the information about the presence of encumbrances.

If you want to receive an official document confirming complete ownership, you should order an extract from the Unified State Register of Real Estate. They are different. You will need a Statement of Basic Characteristics and Registered Rights. You can order it through the Rosreestr website or at the MFC. You can receive it in the form of an electronic document (cost in 2018 - 250 rubles), or in paper form (cost in 2018 - 400 rubles). After this, the owner will be calm about the completeness of his rights to the apartment.

The purpose of the article was to answer the question: “Have you paid off your mortgage, how can you remove the encumbrance?” All aspects and nuances of this topic were disclosed as fully as possible in the article and updated as of June 2018.