Mortgage Cooperator Rights and Responsibilities: Banking Requirements and Conclusion Mechanism. Mortgage coacker has the right to an apartment: the benefits of joint purchase

The co-worker is responsible for the mortgage on a par with a borrower, but its functions differ from the requirements for the guarantor.

When deciding to act as a joint borrower mortgage agreement, you should know exactly about possible consequencesRequirements that are set by banks, ability to refuse obligations.

Who is the Mortgage Careforward?

The Mortgage Coster is a person who carries sudden responsibility, together with the main borrower, in front of the lender on debt repayment. The Bank has the right to make a demand for debt repayment to all borrowers under the contract.

The co-coacon may be the owner of the share of the property being purchased or not to be such, it does not reduce its responsibility to the lender. If the main borrower ceases to contribute to the loan, this must make a co-contract for the contract, and the bank will not need to find out the reasons for the defense of debt the first debtor.

The number of additional borrowers in the mortgage agreement may be up to 4 people, but more often the banks take 2-3 coaches.

The need for additional borrowers arises in the following situations:

1. If the mortgage is made on a citizen who is officially married. Second half B. obligatory becomes a conquest under the contract. This requirement of legislation. Even if the apartment is drawn up to the ownership of one of the spouses, the share of the second spouse will be present, so it must bear the solidarity responsibility for repayment of debt. The exception is the presence of a marriage contract, which establishes the regime of a separate ownership of real estate.
2. When the income of spouses is not enough to obtain the amount of the loan that is necessary To buy one or another real estate, it will be necessary to attract additional coaches. When calculating the maximum possible amount of bank transaction, the solvency of all its participants take into account the solvency. Usually, relatives of borrowers come to the rescue, which have sufficient income.

There are situations where purchased housing is drawn up on a minor citizen. In this case, solvent relatives (or other persons) are capable of paying debt.

Requirements for mortgage coaches

The degree of responsibility of the cooler under the contract is no less than that of the main borrower, therefore banks exercise it for solvency, the quality of service of the previous debt, the level of wealth, respectfulness, etc.

Specific requirements depend on the program mortgage lendingWith a lender. General requirements are similar to those presented to the main borrower:

1. The presence of citizenship of the Russian Federation, constant or temporary registration;
2. Age from 20-21 years to 55-60 years;
3. A good level of solvency, the requirement for the provision of references may be absent, but if possible, it is better to always provide them;
4. The presence of a minimum length of 3-6 months;
5. The presence of positive ki.

In some credit organizations There are restrictions on co-coaches: they can only be employees, but not individual entrepreneurs, business owners, with a share of more than 5%, leaders, etc.

For example, in mortgage program Sberbank declare the following conditions:

What is the difference between the Mortgage Career from the Guarantor?

The coachammer and the guarantor are additional conditions ensuring the return of debt, but have significant differences.

The co-career may not pay the debt, but be the owner of the real estate, with the guarantor, on the contrary, he will not be the owner, but maybe he will have to pay duty. The incomes of the co-service maker are taken into account when calculating the maximum loan amount, the income of the guarantor is not accepted.

The loan co-worker is obliged to make monthly loan payments along with the borrower, the responsibility of the guarantor comes in the event of non-debt borrowers.

Mortgage Credit Care

The rights of the Mortgage Careguide on the mortgage agreement should be clearly defined in the loan agreement, including the rights to acquired real estate. They depend on the status of acquired real estate, the presence of a marriage contract or another document, which determines the boundaries of the rights and responsibility of the co-service.

Responsibilities of the coacher

The duties of the coacher and the borrower are determined by the loan agreement and consist in timely service of debt. The co-machine is obliged to repay the debt if the main borrower cannot do this.

The loan agreement may determine the procedure for repayment of debt. For example, a loan repays the borrower, in case of the impossibility of repayment, the obligation passes to the co-coacher or the credit is repaid by the borrower and the co-cooration of equal shares monthly, etc.

What is worth considering before becoming a coacher?

Before making a decision on the performance of the Coster on a mortgage agreement, the following should be considered:

• The contract is for the period of 25-30 yearsDuring this time, much may change, including the level of income as the main borrower and co-coaches under the contract. Debt repayment tools can not be enough, but payments will be required anyway.
• The coincide can act in this status in several contracts. (with sufficient solvency), but it will not be able to purchase real estate in the mortgage as the main borrower.
• It should accurately determine the rights of the co-service coherer on mortgage. This can be decorated with a separate contract, including marriage contract.
• Costor can not just refuse from duties under the contract.

Can the co-room refuse its obligations?

The decision to exit co-coaches can be implemented in most cases only through the court, since banks will not willingly go to changes in the terms of the loan agreement. For the trial, indisputable evidence of the impossibility of further participation in the transaction must be presented.

In case of agreement between the parties to credit Treaty Agreement on the conclusion of the co-coacher can be signed and with the involvement of a new one, or the contract is divided into 2 with the allocation of the borrower and the co-cooration.

In which cases?

The need to derive the co-coacher can be the termination of the marriage union, if judicial decision About the division of property. In this case, the decision should stipulate that one party undertakes to pay debt payments with the right of real estate registration to the property, and the second party refuses complaints about the object and comes out of participation in the transaction.

Today, the large percentage of housing is purchased to the mortgage. For many citizens of the Russian Federation, this is the only way to get a place. However, so that the Bank agrees to approve the application, one must comply with a number of conditions. Thus, the financial organization has the right to demand provision.

Mortgage cooker - this is one of possible options protection for the bank. However, not all citizens know what this definition means, and what role it plays in the process of receipt money. About who such cooked miners, what rights and obligations they have, as well as the possible requirements for the candidate, let's talk further.

The mortgage coacher is called a person who is responsible for the loan along with its main holder. Coskers often attract citizens who want to take a mortgage, but have no sufficient income size to obtain the desired amount. Most often, the husband or wife of the loan holder is in the role of the coacher, if he is in an official marriage, as well as his closest relatives. The bank always draws attention to the age of individuals appearing in the contract. Pensioners as mortgage coaches perform extremely rare. If the company agrees to consider them in this role, then only up to 70 years. In mandatory, they must continue labor activity.

In accordance with Article 45 of the RF IC, if the spouses acquire real estate in the mortgage, the second of them is considered the default coacher.

The law allows you to attract 2 or more borrowers. Banks sometimes establish their own limitations. They are allowed to attract no more than three coaches within one mortgage program.

Differences from the guarantor

Both the co-worker, and the mortgage guarantor on the apartment advocate the guarantors of the reliability of the main loan recipient. They assume the obligation to repay debt if the recipient will not be able to produce a timely calculation. However, the difference still exists. Thus, to demand the return of funds from the guarantor, the Bank can only on the basis of a court decision. Perform action by own initiative The organization has no right.

If a person acts as a guarantor on a mortgage loan, he has no rights to the pledged property. In the process of granting a loan, the income of the guarantor is not taken into account. Maximum size The amounts provided from them does not depend.

Who can act as a Mortgage Career?

Borrower and Mortgage Capillator must comply with a number of requirements. So, usually the bank agrees to provide money for an apartment to persons who are over 21 years old. The restriction on the upper age limit also exists. Usually, cash is not issued to persons aged over 65 years.

Cooperation is conducted only with officially employed citizens. The borrower should have an income that would allow him to make payments on a mortgage loan. If the main recipient of funds for any reason can continue to repay the debt, the obligation to close the obligation to the bank will fall on the co-coacher.

If the main borrower has enough funds to close the obligations to the bank, a thorough check of the consumer compliance with the requirements is not fulfilled.

However, in a different situation, in addition to the passport, a person acting in this role will have to provide the following package of documents:

• filled outline for money on an apartment;
• Reduss;
• certificate of income;
• copy labor book;
• education document.

Less frequently, the financial organization may require the characteristic from the place of work. Accurate list of documentation directly depends on the internal policy of the financial organization.

Download sample questionnaire for a mortgage loan:

Rights and obligations

If a person was asked to help in obtaining a mortgage to an apartment, it is necessary to study the rights and obligations of the coaches in a mortgage loan in advance. The person acting in this role is responsible to the bank on a par with the main borrower. If he cannot repay the debt due to objective reasons, the Mortgage Credit Credit will be committed to debt repayment.

In practice, potential owners do not always distribute the lobes equally. To divide them in advance, the spouses conclude a marriage contract or an additional agreement to the loan agreement.

The contract of the borrower and the co-coacher can be concluded if the participants in the transaction are not spouses. In another situation, the Bank may insist on the conclusion of a marriage contract from the very beginning or in the event of a number of difficulties. So, the need for it often occurs when the appearance of overdue.

Right to the apartment

Having understood what the mortgage co-worker means, it is worth familiar with the rights and obligations of the face. At the borrower and the coacher, they are almost identical. The principle of equality is also in relation to the right to mortgage property.

However, the fact that one of the citizens automatically becomes the owner of the housing, applies only to spouses officially registered marriage. Moreover, this rule is valid because the mortgage is drawn up, and due to the assessment of the property to jointly accompanied. Who has any real estate rights, and to whom, which part is relying, is determined by the agreement of the borrower and the co-cooration. It is usually compiled at the loan process.

If the document was not issued, a person helps to pay a loan, you will have to prove the right to real estate. Actions will be carried out through court.

It should be borne in mind that the status of the co-service man does not allow to claim real estate. However, this person can declare housing rights or demand compensation if he is denied the provision of a share.

To make an additional agreement to the loan agreement, the transaction participants will be able to change the responsibility of the co-service man:

• determine the rights to mortgage real estate;
• approve the nuances of closing commitment to the bank;
• change responsibility with solidarity on subsidiary.

How to stop being a coacher?

Having understood what the co-worker differs from the guarantor, it is worth understanding how to stop performing this role. The status of the coacher is temporary. A person can try to get out of the loan agreement. However, it is necessary to understand that it will be quite problematic. This question will have to discuss with the bank.

To take advantage of the right to sign a refusal to their share of the dwelling. A person has the opportunity to demand compensation.

You need to be prepared for the fact that the bank will give a negative answer. This is a standard practice. Having issuing a loan, the bank took into account the cumulative income. However, in subsequent plans for the joint life of spouses changed.

Download a sample application to exclude a coacher from a loan agreement:

In the event of a negative response, experts advise submitting documents to the District Court. It is necessary to contact the institution that is located at the location of the property. In mandatory, you must specify the reason that led to the need to nominate the requirements for changing the terms of the transaction.

In their quality can be considered:

• divorce;
• serious disease;
• planned relocation;
• loss of work.

Practice shows that if the applicant is properly prepared, the court will satisfy the requirements.

Existing risks

The co-career on the loan risks just like the main recipient of funds. If we are talking about spouses, there is a risk of real estate loss if the pair cannot continue the calculation on the loan. Advanced probability to spoil credit history. Financial burden on the budget can significantly increase. In practice, the co-machine itself may experience the need to receive a loan. However, most banks will refuse its provision.

Some financial organizations Forcing persons speakers in this role, insuring their lives and health, which requires additional financial costs.

Based on the foregoing, it turns out that the co-machine risks exactly the same as the main recipient of the mortgage. In the loan commitment section with anyone there is nothing wrong. However, it is worth understanding all the existing risks before agreeing to participate in the transaction. In another situation, a person may face the need to repay someone else's loan.

What does a mortgage coaper for an apartment or another loan agreement, who is such, his rights and obligations, the requirements for the candidacy.
Mortgage appeared recently and quickly strengthened the position. Together with it there were little-known submissions: a borrower, a deposit, a guarantor, a co-worker, etc. The first does not cause questions, while the concept of "co-worker" is not so unambiguous.

The factory for a mortgage or loan agreement is a credit transaction participant that is supported on a par with the main borrower's burden of responsibility on creditor. They can be up to four, rare - up to five people.

The need to attract the contemporary is often initiated by a financial institution.

When you need a mortgage coaper

The bank proposes to provide it in the following cases:

• the future owner of real estate is married: the concern will be a spouse;
• the apartment is drawn up on a minor: a loan career is an adult solvent citizen, a contemporary - a minor future owner of housing;
• at the request of the lender to reduce the risk of non-return of funds, when the potential borrower causes some concerns of the bank, for example: too young, has no stable revenues, recently moved from another city, is not married, etc.;
• if the earnings of the credit belover are less necessary for the requested housing loan: Its volume can be calculated based on the total income of the mortgage transaction participants - the circumstance when the presence of the concern meets the interests of the borrowed funds.

Requirements

Preferably, they are the same as the loan-consuming can differ from different financial institutions, but it is possible to highlight the main:

• russian citizenship;
• at the time of submission of documents, a person must be employed, the minimum experience in this organization - from six months depends on the terms of the lender;
• monthly earnings should be sufficient for payment of contributions (when the participant of the transaction is attracted by the Bank's special demand for the additional guarantor of the return of funds, its income when calculating the loan amount may not be taken into account);
• age from 21 to the official age of retirement (if the consumers' income is not taken into account in the calculation of total solvency, then age is limited to 75 years, the loan period is established before this age);
• The lack of unfavorable information on previous loans, otherwise they will be asked to replace the candidate or refuse a loan.

Mortgage co-worker His right and obligations:

Rights

Although the chainer performs before the bank in the same payer as a creditover, their rights to the acquired housing of unequal.

Only spouses who have entered into an official marriage, according to the Family Code of the Russian Federation, claim equal shares of purchased real estate. Part of each can be changed by the agreement between them, the marriage contract.

If the participant of the transaction is not a spouse, the right to mortgage living space or its part does not have. The right arises when conclusted with a loan-consuming agreement, providing for the circumstances and the size of the share of housing on which the contemporary can claim. For example, if the mortgage is harvested for the main payer.

If the concern extended contributions for the main borrower, he can file a lawsuit on compensation for the amount paid or the allocation of the apartment's share.

The chainker can initiate a conclusion from the participants of the mortgage transaction, then the creditor must provide a different person to the lender. The bank is sent a statement, and only he decides whether the replacement is possible.

Responsibilities

The co-worker on a par with a borrower is responsible for the lender for its obligations and must be repayed to a loan if he stopped paying mortgage contributions.

• Each financial and credit institution approves its list, and it is better to clarify it there. Most often in the list turn on:
• passport of a citizen of the Russian Federation;
• a copy of the employment record, accuracy is confirmed by the head or department of the enterprise;
• help O. wages on the form financial institution either by f.2-ndfl;
• documents on additional income (if any);
• card with a personal account number of pension insurance.

This bank will warn at the counseling stage. Sometimes the need for it arises when considering the application for a mortgage, when the bank seeks to reduce the risk, offering to provide another or more participants in the mortgage transaction.

Initially, the future owner of the housing represents the bank a package of documents that verifies its employees. If everything is in order and the candidate the Bank arranges, it remains to wait for his decision. When the presented person is rejected, it will offer to replace it.

After approval of the application, the transaction participants sign a mortgage agreement. From this point on, the person is a concern and on a par with a borrower brings all responsibility for obligations to complete execution.

I hope we, albeit briefly, gave the definition of what the contempt for a mortgage on the apartment of his right and obligations, who is such a claim for the candidacy.

Video on the topic "Guarantors and co-coaches who is who?"

Mortgage loan conditions require a certain income. If when making a mortgage in Sberbank own income Does not meet the specified requirements, then in this situation there is an output - the involvement of the cooler. This step allows you to distribute financial obligations between all participants in the loan. Who can be as a coacher, as well as what claims are presented to the future guarantor, we will analyze in this article.

Questionnaire of the coacher and the procedure for its preparation

Housing loan, in which the Mortgage Career is involved in Sberbank, always allows you to take advantage of the most favorable conditions: Increased amount, which is provided at a bargain rate and for a long period. For this reason, Sberbank experts advise the support of co-coaches (no more than 3 people). As a rule, the coacher is a borrower's spouse. But it can also be a completely outsider. At the same time, it is important to know that this person is entitled to the share of property purchased on credit.

Coskers must provide the required list of documents, a similar package of documents of the main borrower.

What data must be entered for registration of the questionnaire

The standard diagraduker in the mortgage will include the following items:

• FULL NAME, including the previous name (in case of change);
• information from the passport;
• address, as well as contact phone numbers;
• marital status, information about close relatives (about children and spouses);
• information about the resulting education;
• type of classes: area of \u200b\u200bactivity, organization name, occupied position, length of experience;
• income size (including unconfirmed), as well as common spending;
• confirmation of salary accrual in Sberbank - card number;
• description of property and its cost: TC (brand, number), house, apartment (address, total area, acquisition period).

Download the questionnaire of the Mortgage Credit

(Dropping: 1287)
View online File:

Basic requirements for the co-cooration

Mortgage co-worker in Sberbank must fulfill the obligations specified in the contract, even if it does not claim to be purchased in the loan of real estate. His duties and rights are negotiated before receiving a loan and be sure to be prescribed in the mortgage agreement.

List of rights and obligations of the coacher:

• repay duty when the borrower is not able to do it;
• pay a certain part of monthly contributions (if specified in the contract);
• get access to use tax deduction;
• if the co-career is not a spouse / -st client, then he / she still has the right to share a borrower of housing.

If the support of the cooler is no longer required, then it is necessary to obtain information on how to bring it out of the mortgage. It should be borne in mind that the procedure for the withdrawal of spouses in divorce is quite laborious. Simultaneous submission of applications from the borrower and its co-service maker about the desire to release the latter from the fulfillment of debt repayment obligations. When the borrower's solvency is not too high, it can recalculate the overall balance of debt.

The general requirements that are presented to the mortgage coherer in Sberbank do not imply too strict restrictions. They provide for the same age limitations as for the applicant itself.

What documents do this require?

The credit manager will study not only the presented references 2-NDFL, but also other certificates that confirm the presence of an additional source of income from the guarantor. A conversation is held with each attracted guarantor, after which the Bank's employee will be the final verdict about the applicant.

Detailed information about mortgage loans It appears in the video border.

To increase the chances of approval on the issuance of mortgages, the co-coster is usually attracted - it is an adult individual, Citizen of the Russian Federation, who carries sudden liability for payments with the main (titular) borrower. What claims are presented to him in different banks, describes in detail further.

Mortgage loan is the most expensive for individuals: as a rule, we are talking about issuing several million or hundreds of thousand rubles. Since the official income of one person is often insufficient for paying a large monthly payment (this is about 15-30 thousand rubles), it is necessary to attract the co-service.

It is imposed on the same requirements as the main debtor:

• age 21-65 (sometimes up to 75) years;
• official employment;
• official monthly income (the salary).

NOTE. The involvement of the co-service can also be a mandatory requirement of the Bank - for example, in the case of official marriage, as well as in the event of the acquisition of real estate due to maternal capital.

Rights and obligations

Banks proceed from the fact that he will take part of the loan obligations. Therefore, the main responsibilities are as follows:

1. Responsibility for the payment of loan, commissions, possible contest, penalties, etc. Along with the main borrower.
2. Making the appropriate monetary sums (Monthly payments), the size of which is negotiated in advance and is indicated in the mortgage agreement.
3. Burning solidarity with the main debtor of responsibility in the event of possible non-payment on the loan.

This responsibility occurs only in cases where the title borrower for any reason cannot pay debt, for example:

• health problems;
• death;
• dismissal from work;
• other adverse circumstances.

All circumstances are written in detail in the mortgage agreement. As a rule, the content of rights and responsibilities is completely coincided.

Rights can be attributed:

1. Getting a tax deduction if we are talking about dolly ownership on the apartment (equal shares).
2. Registration of a part of the property in joint Property (if we are talking about the spouses in official marriage or about maternal capital: In this situation, co-owners should be both spouses and all their children).

In different banks, conditions may differ. For example, in Sberbank, the co-workers who are official marriage can issue real estate in common property both for both children and their parents. In any case, the main (title) debtor is either full, or by the equity owner.

NOTE. If he refuses property at some stage, it does not remove obligations from him to pay debt to the bank. That is, by itself, the rejection of the property does not deprive the bank of the right to demand the return of funds on the loan.

Required documents

Mostly all the documents that the bank requires is needed to confirm:

• personality, age and citizenship of the Russian Federation (passport of a citizen);
• the fact of his official employment (a copy of the employment record, which is necessarily wired by the employer: Press and signatures on each copied sheet);
• the fact of obtaining a stable official income (usually issued a certificate of 2-NDFL; also allowed to receive references in the form of a bank).

A citizen can provide additional documents that confirm its income:

• payments by dividends;
• treaty for renting an apartment in hiring with attached receipts;
• fees for the use of intellectual property and others.

It is important to understand that the Bank will study a credit history as the main debtor on the mortgage and its coacher: this circumstance is of great importance. That is, you should not attract close or friends to help, who have repeated delay in payments. The bank is always entitled to refuse the loan, without explaining the reason for such a decision.

Thus, the basic requirements are associated with its financial position. A citizen who receives a stable "white" salary and also has a good credit history, has the greatest chances for approving the application.

How to become a mortgage coacher in Sberbank

In general, the conditions are the same - an adult individual with Russian citizenship and stable income (salary), which can be confirmed by documented.

For Sberbank, this is a person who takes part of financial obligations - their volume is negotiated and prescribed in the contract. In general, the requirements for the citizen exactly the same as the main debtor:

1. Age restrictions. At the time of submission of the application, the minimum age is 21 years, at the time full repayment - Not more than 75 years.
2. Accuracy, citizenship of the Russian Federation.
3. Work experience - from six months in the current place. Common experience It is at least a year over the past 5 years.
4. The ability to confirm the fact of official employment and solvency. For this, in most cases provide a copy of the employment record and 2-NDFL help.

It is important to understand that the Bank may conclude a total agreement with 3 coaches, i.e. The total number of debtors is no more than 4 people. If it is a spouse of the main debtor, in this case, they necessarily sign the contract both and take financial obligations to pay loan. That is, if the mortgage takes her husband, the wife acts as a mandatory co-coacher and vice versa.

In this case, it does not matter whether the husband or wife works, what are their income, etc. However, there are 3 cases when the spouse not Must become a coacher:

1. If faces are not officially married.
2. If the spouse does not have Russian citizenship.
3. If the spouses are official marriage, but at the same time have a marriage agreement, which establishes the regime of separate ownership of property.