How much bank can carry out restructuring. What is debt restructuring and what is its privileges? Why banks benefitable loan restructuring

The borrower, lost solvency, is entitled to seek help in the bank, which has previously provided a loan. What is a loan debt restructuring? This is a set of measures to help repay your obligations on more favorable terms. At the same time, organizations receive their funds back, and their customers emerge from a predicising material situation with minimal losses.

Under the restructuring of debt obligations, the change in the initial conditions of the loan agreement is understood. Borrowers, referring to banks for material support, undertake to act according to the rules of the signed treaty. The document regulates the provisions on the repayment of the loan, the procedure for making debts, timing and amount of payments, the possibility of early fulfillment of obligations. Other conditions are also prescribed, such as the magnitude of interest on loans, the procedure for accrualing fines with untimely and incomplete transfers.

Credit organizations in any case will strive to return their money. To do this, in the case of the appearance of overdue, extreme measures can be applied, such as appeal to arbitration or attracting collector services. Full redefusion of payments only aggravate the already unenviable position of the borrower. The result may be charged more large sums Due to the accrued contest, seizure of property and corrupted credit reputation, which will certainly play a negative role when trying to take money in the future.

With the deterioration of the financial situation of customers, banks at their request can offer a number of measures that will enhance solvency. Usually we are talking about refinancing and restructuring. In exceptional cases, the borrower may defend its rights and judicial orderBut only provided that the bank himself rustled the terms of the contract.

What is different from refinancing

To reduce the financial burden on loan obligations, borrowers often pay attention to the procedures for restructuring and refinancing. The objectives of the stated actions are the same - assistance in repayment of debt. However, the execution algorithms may differ significantly. Under the refinancing, the loan is understood in order to repay the previous on more favorable terms.

As a rule, the advantage is a smaller interest rate, which is noticeably reflected in monthly payments and the total amount of debt. Also, an additional loan can be provided for a longer period, which also reduces the amount of payments.

Refinancing can be decorated both in the initial bank for issuing a loan and in a completely different. Currently, many credit institutions provide similar services. Taking responsibility in repayment of current debt, new credit agreements are issued with customers. The restructuring procedure is characterized by the presence of other rules.

Financial burden decreases under the current contract. The parties revise the original conditions, as a result of which the borrower will be able to return debts with smaller losses.

Refinancing loans in Alpha Bank

Credit limit:

from 50,000 to 5,000,000 rubles.

7 years

from 11.99%

from 21 to 70 years

Consideration:

Refinancing loans in Rosbank

Credit limit:

from 100,000 to 3,000,000 rubles.

5 years

from 11.99%

from 23 to 70 years

Consideration:

Refinancing loans in Ubrir

Credit limit:

from 30,000 to 1,000,000 rubles.

7 years

from 13%

from 19 to 75 years

Consideration:

Refinancing loans in Interprombank

Credit limit:

from 45,000 to 1 100,000 rubles.

7 years

from 11%

from 21 to 75 years

Consideration:

Refinancing of loans B. bank Uralsib

Credit limit:

from 35,000 to 2,000,000 rubles.

7 years

from 11.9%

from 23 to 70 years

Consideration:

When required

Credit institutions reluctantly agree to the conditions for changing contracts with clients. The decline in the interest rate or an increase in the debt period is negatively affected by profit indicators. Nevertheless, with a real threat of possible non-payment, the experts of the organization can go towards their customers. In some cases, if there are several overdue with the payments of banks, before resorting to the help of arbitration, they often offer customers to revise initial conditions agreements.

Dismissal
Official reduction in wages, including as a result of translation to another position or on a reduced work schedule
Change family circumstances (Birth of a child, relocation and other factors)
Availability of long-term disability from the borrower or in his family members
Changes in currencies
The deterioration of the financial situation of the borrower for other reasons

It should be remembered that the use of restructuring is the right, not the obligation of banks. Credit institutions, depending on the conducted internal policies and the circumstances of the client, may refuse to revise the current terms of the contract. In any case, the presence of an additional agreement or its absence does not affect the obligation to fulfill lending conditions. The borrower will also be obliged to make payments on debt in full and in a timely manner, as confirmed by the provisions of Art. 309 and 310 of the Civil Code of the Russian Federation.

One-sided refusal to further fulfill the terms of the contract is not allowed. Therefore, you should not violate the payment schedule after submitting an application for restructuring. The debtor will need to provide weighty evidence to reduce its solvency. Moreover, banks prefer to work and even go for some concessions with those clients whose financial discipline is not questionable.

Benefits

The revision of the terms of the loan agreement does not always mean a general reduction in the financial load of the debtor. Usually it is only about increasing the period of debt. At the same time, the amount itself is not reduced, moreover, it can be increased.

What is the benefit of the borrower from restructuring? The deterioration of the material situation makes monthly payments to the bank's account problematic. For borrowers, periodic payment may be unsupported its income. The revision of the contractual relationship towards an increase in the period allows to reduce the monthly load due to the total growth of debt. As a result, the bank does not lose its benefit, customers also get the opportunity to pay with debts less painfully in the material plan.

Among the basic advantages of restructuring are allocated as follows:

Ability to save positive credit history.
Consolidation of own financial efforts due to changes in the terms of the contract in favor of the payer.
The absence of non-existence for late payments.
Details of further cooperation are discussed only at the stakeholder level, prevention judicial trial and attracting third parties to a conflict situation.

Who and when can take advantage

Regardless of the decision of the bank, you should seek help as soon as possible, not allowing possible overdue of payment. The chances of obtaining the approval of the credit organization are higher if the borrower's financial discipline will not cause issues. The revision of the initial terms of the contract is allowed if there are a number of circumstances. The main criterion is reduced solvency. Most often, the financial situation worsens due to:

losses of work
loss of disability by illness
changes in the marital status
other options

How to choose a bank

The restructuring procedure can be carried out by the Bank, where it was originally signed credit Agreement. The organization has the right to revise the current conditions at its discretion. The permissibility of making possible adjustments is better to clarify initially. At the same time, not always the proposed options meet the requirements of borrowers.

If the restructuring procedure is unprofitable, the payer is recommended to pay attention to refinancing services. Currently, most banks agree to take on debt obligations of borrowers on more favorable terms. Some refinancing programs assume repayment of several loans at the same time. In some cases, actions are available at a negative financial reputation.

As drawn up

Professional payments for several months serves as the basis for the close attention of the bank to the borrower. In the name of the debtor comes a notice with a proposal to repay arreed as soon as possible. Otherwise, recovery can be made with the involvement of courts.

In an effort to return its funds, banks have the right to offer customers a number of ways to resolve problems, including the restructuring plan. However, to reduce negative consequences It is recommended to contact credit organizations immediately, not allowing the overdue. Thus, conscientious customers have an advantage, chances of revising credit positions On favorable conditions increase.

What programs exist

There are several options for resolving the financial complexities of the borrower using the bank. As a restructuring, measures are used as an increase in the term of the contract, a decrease in interest rate, changes in currency loans and others. Below are the main ones.

Prolongation of the loan agreement

The most popular measure on debt restructuring is the prolongation of the loan agreement. The increase in credit period does not reduce the total amount of debt, and even increases this indicator, but the need to transfer a smaller amount to the borrower will be positively relevant to the borrower. Usually a condition for possible prolongation is negotiated initially. Therefore, before turning to the bank, it is recommended to study the provisions of the document again. But even if there is no such point on the change in the payment schedule, it is worth directly referring to employees of the organization. The likelihood is high that in the presence of confirmed unforeseen circumstances, which changed the level of solvency of the borrower, bank will go towards the client.

Prolongation conditions are negotiated after the payer writes the appropriate statement, will provide confirmation documents. Typically, the procedure does not take much time. After a few days, adjustments can be made to the initial conditions. In order to avoid further overpayment at the cost of a loan as a result of the extension of the term of the contract, borrowers in most cases are not prohibited early to repay the debt after stabilizing the material situation. This measure will help to avoid additional costs in the form of accrued interest.

It is necessary to take into account that on the restructuring of debt obligations in the form of prolongation under one bank, the Bank is unlikely to be reused. Therefore, it is worthwhile to independently take measures to improve the material situation.

Another type of debt restructuring is the provision of credit holidays. This measure implies some temporary changes to the payment schedule in the form of a delay. The following options are possible:

Full delay. The borrower gets the right not to repay the loan for a certain period, as a rule, several months. During this time, penalty measures are not provided.
Partial delay involves paying only part of the payments. Usually it is about repayment of interest without taking into account the principal debt.

Banks prefer to use the 2nd option, which may not be so profitable for the borrower, especially at the initial stages of repayment of obligations, when the amount of interest is quite significant. Credit holidays are considered as additional service bank. It is possible to use it upon the occurrence of special circumstances in life, for example, when founding maternity leave.

Cash-back Credit Card from Eastern Bank

Credit limit:

400,000 rubles.

Grace period:

56 days

from 24%

from 21 to 63 years

Consideration:

Service:

0 rubles

Credit map Tinkoff Platinum

Credit limit:

300 000 rub.

Grace period:

55 days

from 15%

from 18 to 70 years

Consideration:

Service:

590 rubles

Installation map "Conscience"

Credit limit:

300 000 rub.

Grace period:

365 days

from 10%

from 18 to 70 years

Consideration:

Service:

0 rubles

Visa Classic 100 days without% alpha

Credit limit:

1,000,000 rubles.

Grace period:

100 days

from 11.99%

from 18 to 65 years

Consideration:

Service:

From 590 rubles

Installation Map Freedom Bank Houm Credit

Credit limit:

300 000 rub.

Grace period:

365 days

from 0%

from 18 to 70 years

Consideration:

Service:

0 rubles

Credit card Ubrir 120 days without%

Credit limit:

300 000 rub.

Grace period:

120 days

from 31%

from 21 to 75 years

Consideration:

Service:

1 900 rubles

Halva Credit Card from Sovcombank

Credit limit:

350 000 rub.

Grace period:

1095 days

from 0%

from 25 to 75 years

Consideration:

Service:

0 rubles

Declaring percentage under the contract

The most successful option for payers is the revision of the loan agreement in favor of the increase in interest rate. The benefit for the borrower is obvious, as there is a real light of the debt burden, which may be quite significant. Reduced interest rates on the current credit Treaty - The most profitable measure for the payer. This is especially true of long-term agreements. For example, when repaying the mortgage with the presence of annuity payments, even a slight relaxation will save decent amounts for the borrower.

As a rule, banks reluctantly agree to reduce interest rates, preferring to restructure loans in other ways. Nevertheless, the Central Bank of the Russian Federation issued a letter of January 30, 18, whose provisions allow credit institutions to conduct a revision of the current rate. Moreover, when drawing up contracts, it is recommended to use the item on the possibility of revising the cost of the loan when the key rate changes.

If you wish to use similar measures, the client will have to provide the Bank a number of documents with information on its solvency and current financial condition. However, it is worth remembering that the likely decline in interest rate is only recommended by the measure, the final decision of the Bank adopts independently, focusing on the internal policy of the institution. The chances of approving the request, if banks have in their arsenal similar refinancing programs. In addition, one of the conditions for revising the contract is the borrower's financial discipline. Unwanted delay in payments.

Replacing currency

Another restructuring method is to replace the loan currency. Relevant with the instability of the national currency rate. The Devaluation of the ruble of 2014 financially wrapped the solvency of many borrowers, arranged contracts in foreign currency. Banks are usually unable to revise such conditions. Usually, the change in the current treaty occurs under the influence of external factors and largely depends on the decisions of the management of organizations.

Write off penalties

Undime payments, violation of other terms of the contract lead to the emergence of penalty measures. In addition to paying the principal debt and accrued current interest, the borrower has an additional duty to repay the penalty. The cost of fines and penal can be quite high. The penalty is calculated for each day of delay in sums that significantly exceed the usual interest accrual. Therefore, with a long lack of transfers, debt can significantly grow.

The cause of untimely non-payment may be not only a banal reluctance to pay and irresponsible the borrower. Force major circumstances and the onset of adverse situations also do not allow to repay debt on time. Restructuring as a write-off of the penalty is quite rare. However, if there is valid reasons, you can try to contact the bank for help. If the experts of the Organization find the arguments provided by convincing, it is likely that the borrower cancel the accrual of penalties and fines.

Only the principal debt and interest will be paid. Usually, the extent is resorted to situations in situations where the borrower had no opportunity to make another payment, for example, at hospitalization or departure.

Combination of several ways

With difficulty situations and difficult financial position, the restructuring program can simultaneously combine several ways. An agreement between the bank and the client is carried out through a personal conversation and an individual approach. Combining at the same time several ways to reduce debt is not always beneficial for borrowers. The main advantage for them is to obtain a delay without the accrual of additional termination. At the same time, the period of action of the loan agreement and the total amount of debt can be increased.

With the help of state support

In some cases, the state allows one to actively participate in assistance to borrowers. Such actions are becoming possible when developing special programs at the federal level. One of these is the support of some categories of borrowers by mortgage lending. The agency for mortgage housing lending, created for this purpose, is intended to assist the population with the repayment of obligations in the amount of up to 600,000 rubles, but not more than 20% of the volume overall debt. It is envisaged that the state takes responsibility for the payment of part of the debt.

Actions are aimed at the special categories of borrowers, among which may be persons falling under the following criteria:

disabled
veterans of hostilities
persons under 35 years old having children
parents of disabled children
employees of municipal institutions, government bodies and local governance

It may be necessary to document the reduction in income levels. Considered statements, if the income on each family member is less than 2 subsistence minima.

Participation in the program specified below is free. A number of conditions must be observed:

Pledge housing should be the only
Housing should not be characterized as "elite"
The member of the apartment is taken into account: for one-room - up to 45 sq.m, two-room - no more than 65 sq. M; three-room - up to 85 square meters. m. If there are 3 children and more housing in the calculation is not taken

In more detail about the state support programs, you can learn when contacting the bank. It is worth considering that the shares are limited, also failure to fail the selection criteria.

What documents are needed

Initially, customers apply for restructuring. The reasons for the review of the conditions must be confirmed by a number of documents, including:

income certificate
labor book confirming the fact of dismissal
documents on the incapacity of the citizen
child birth certificate
family Help
the consent of the spouse / spouse about making changes to the mortgage agreement
certificate of registration in the employment service
other documents confirming the reduction of solvency

Loan restructuring does not always mean the appearance of more favorable conditions for the borrower. Banks reluctantly take steps that reduce their profits. Most often, options for which the extension of crediting period is extended and, accordingly, an increase in total amount Debt. Thus, despite the decline in monthly payments, the amount of debt obligations increases.

But if the current situation does not allow to repay the debt to the timely and in full, it is recommended to still resort to saving measures, including trying to make restructuring. Subsequently, when improving the material situation, early payments will help reduce the amount of interest accruals.

Video: Loan Restructuring Application - Lawyer Tips

Is the loan restructuring benefit?! - Consider and study in more detail this process in the material.

When the borrower has difficulty repayment, financial institutions offer debt restructuring.

The essence of their programs is to change the key conditions of the Agreement in order to reduce the level of financial load.

Acquaintance with restructuring!

This measure implies that the Bank provides the ability to change some positions of the contract. No "living" money client does not see.

In fact, the paper will be noted that the Financial Institute issued a new loan and secured the old loan.

Traditionally, from a practical position, this process implies an increase in the period in which the loan is paid in order to reduce the burden in the debtor.

Perhaps interest: « »

On the words of the promise of banks look very attractive, but practice does not boast that it was so completely in all cases. After all, the client applied for this procedure for the bank is regarded as a problem "copy".

And for such personalities, there are hardly favorable conditions. In fact, it turns out that with an agreement on this type of relationships, the borrowers themselves agree on a high interest rate in comparison with the old loan.

Reasons for restructuring!

Revision of general contractual conditions can be carried out on the initiative of both parties.

Borrower. This is relevant when there is no possibility of repayment of debt in full size. He makes an appeal to the financial institution and creates a request for a breakdown of a monthly contribution to small parts.
Lender. The financial organization makes a proposal to reduce the loan load.

Traditionally, some causal factors are possible for the implementation of this event:

dismissal;
stay on child care vacation;
army call;
disease.

Thanks to the conclusion of such a transaction, several fundamental results can be achieved:

save the favorable level of credit statistics;
prevent the financial institution of a lawsuit;
reduce monthly bill indicator;
prevent penalties.

Based on these data, some conclusions can already be made regarding the profitability of this event.

How profitable is the debt restructuring?!

When the client has serious delay due to loss of work or reduced wages, as well as other financial YamaHe is entitled to take advantage of the possibility of restructuring.

Such a service can be carried out exclusively in the financial organization in which the loan was issued. Financiers are made amendments to the agreement prepared on the loan. They consist in several directions.

Financial organizations actively offering such services, also do not remain without benefit:

get the opportunity to match the repayment schedule and reduce the cumulative share of overdue loans;
lead to a more improved quality of the loan portfolio;
they have a chance to do without prolonged proceedings, which entails saving time and money.

As for the client side, it can also count on obtaining a certain amount of benefits:

preventing negative loan dossiers, if debt is short enough;
warning of the trial with the instance, and this seriously affects the general reputation of the Client;
the absence of various kinds of branches, penalties, which are charged by the bank;
the ability to not fall into the default state, since the calculator recalculates according to the repayment scheme and helps to establish the minimum monthly payment;
preventing the confiscation of property values \u200b\u200bto compensation for debt obligations under the court decision.

On this basis, you can conclude whether the loan restructuring is beneficial, and how much.

If we are talking about an increase in the term!

This type of transaction will take place in a situation where the borrower needs to reduce the size of the monthly payment. For this purpose, the company increases the amount of issue, and often it can be significant.

This process always implies an increase in the size of the overall overpayment, which turns into disadvantage. As part of the design of restructuring, there is always a simple inslace rule: the higher the extension period, the greater the overpayment amount is observed.

This is due to interest accrual monthly on the balance of debt, and since the total number of months increases, interest accrual also increases.

Therefore, when making restructuring of this type of loan, it should be immediately tune in to conduct partial repayments in early order.

If this is credit holidays?!

This option implies an increase in the period of the current loan at bank discretion. The term increases a total of 3-12 months. At this time, the borrower turns out a delay in paying the main debt.

For example, for six months, it may not make a fee until its financial situation reaches the state of stability. Despite this fact, the payment of interest accrues remains in force.

So the client continues to pay, but it will have a much smaller size, since it consists exclusively out of interest.

Full payout!

In contrast to previous options, in this case the overpayment is practically not changed. The bank simply comes the freezing payment, as well as the increase in credit period due to the fact that during a certain period of time the borrower will not pay anything at all.

It is important to take into account the fact that the bank remains the right to increase the interest rate.

When restructuring on a bank initiative!

If this procedure is carried out after a prolonged period of overference and contest, then the loan amount will contain a certain number of penalties and penalties.

And this suggests that they will have a certain percentage. So in this situation there will be a colossal impact on the overpayment.

Writing penalties!

This is a rather advantageous version of the process, taking into account the fact that fines and penalties on the proceedings and delays are considerable. Therefore, we can assume that there will be a decrease in the total amount.

Transfer to another currency!

In connection with the jumps of foreign currencies, the financial situation of many borrowers becomes shaky. Compeated restructuring measures will reduce the total amount of payments and overpayments, as well as improving lending conditions.

The above options will allow you to answer the question whether the loan restructure is to do. Weighing all "for" and "against", you can count on the intelligible result.

What is needed for restructuring?!

In order to initiate the procedure, the first thing must be done.

As part of this document, a number of data is specified:

number and date of the agreement;
options for making a starting payment;
the dimensional indicator of the loan limit obtained;
the magnitude of redeemed debt;
contribution;
date of the last payment events;
the time when the first drawing occurred;
a detailed description of the causal factors of diversion disorders.

Traditionally, financial organizations require attaching a certain list of documents to the application:

certificate of personality of a citizen of the Russian Federation;
certificate from a medical institution;
copy of contractual loan relationships;
labor book (if the reason was the dismissal);
a reference document from the employment center that you are in accounting, as well as materials about the amount of the benefit that is appointed;
document from the place of work in the form of 2-NDFL.

Impact on credit history!

In order to avoid risks, your credit history should address the lender before the proceedings are formed.

With the consent of the creditor on the change in the terms of the contract, information about the problems of the borrower will not be sent to the BKA. Your personal situation will reflect the fact of non-fulfillment of obligations if the appeal to the bank occurs after the occurrence of debt.

Based on the duration of the delay of payments, the degree in which the situation is aggravated may be:

weak - if the restructuring is carried out for a month since the delay;
middle - if there are several disorders of the deadlines, it is called regular evasion of payments;
high - This procedure is made on the initiative of the financial organization, and this indicates the income of the case to the court.

How many times can I conduct a procedure?!

Borrowers are interested, how many times you can do the restructuring of the loan. The number of applications for this purpose is not limited to a legislative point of view. It all depends on personal capabilities and creditor preferences.

If, after this event, you again ceased to make amounts to the bank's account, there is a high probability of obtaining a refusal of a rapid nature.

Also, the lender has the right to the following:

requirement of early termination of the contract;
transfer of debt to collectors;
appeal to the court with a claim for termination of the relevant contract.

If the measures have already been accepted, but your position remains at the same level, you can act as the initiator.

Loan restructuring - The procedure involving the revision of the terms of the loan agreement in the occurrence of serious difficulties at the borrower at the debt payment phase. A timely advanced restructuring of the debt of an individual makes it possible to reduce the amount of the monthly payment, reduce the financial load and restore solvency.

Restructuring methods:

Change in the currency of the problem loan;
Correction of monthly payments;
Reducing interest rates and commissions;
Partial write-off of fines and other accruals;
Extending the term of the contract;
Credit holidays - delaying payments.

The procedure involves the analysis by the creditor of the current situation regarding the financial obligations of the debtor. Acceptable interest rates, amounts and payment schedules are calculated, with which the client's solvency can be restored. In fact, the very essence of restructuring is to find possible ways to reduce the risk of a citizen's bankruptcy.

Reasons for restructuring:

Sharp fluctuation of exchange rates on currency loans;
Loss of the main source of income of the borrower;
Recognition of the debtor is incapable or limited in capable;
The emergence of unforeseen expenses and material losses;
Use of maternity leave maternity leave;
Call for an army for urgent service in the Armed Forces of the Russian Federation;
The verdict of the court on punishment in the form of imprisonment.

Note! The decision on the possibility of restructuring is made by the lender individually. The organization has the right to demand a documentary confirmation of the financial insolvency of the borrower.

Documents for loan restructuring

Each lender nominates its own list of requirements for initiating restructuring to the client.

Basic documents:

A copy of the passport of the borrower (the original is presented during the signing of an updated agreement);
Documents confirming availability good grounds for restructuring;
Certificate of income, account extract or other confirming solvency document;
Extract from labor book, Help from the employer or a certified copy of the employment contract.

Collecting documents for restructuring, the debtor must fill out an application for the service. Banks offer first to make a simplified request.

Let us give an example of a simplified application for restructuring in Sberbank.

You can see and download the application.

To initiate the restructuring procedure, it is necessary to correctly fill out and apply with the documents package. After making a preliminary decision staff financial institution Inform about further actions.

At the consideration stage, a detailed explanation of the causes of deterioration in solvency may be required.

Sample application for loan restructuring indicating the reason for insolvency

You can download the sample statement by this link.

Restructuring as a bankruptcy procedure

If the bank refuses to revise the terms of the contract, the borrower will retain the right to initiate a bankruptcy procedure, followed by the restructuring of debt through the court. Cm. the federal law №127-FZ "On Insolvency (Bankruptcy)".

According to the current legislation, the debt restructuring during bankruptcy is carried out only after the qualified expert is attracted - the financial manager. Which is obliged to develop an action plan aimed at restoring solvency and fulfill the obligations by the borrower.

Every year this procedure is becoming popular. According to the report published on the "Fedrayurs" website, for 2019, the courts recognized about 69 thousand by bankrupt. russian citizens, and all starting from 2015 more than 163 thousand. However, creditors at the end of the year managed to return only 3.5% of debts. The procedures are initiated in the amount of ~ 225.6 billion rubles, of which only ~ 8 billion returned.

Features of debt restructuring through bankruptcy:

No resolution of the lender is required to revise the conditions of the problematic contract. It should be understood that new order Repayment of debt in the restructuring of debt through the bankruptcy procedure is not approved by the lender, but by the court. It is the court that changes the repayment of debt and establishes new rules for the execution of debt obligations.

That the court consider an application for a bankrupt status, the debtor must have stable income, the amount of which is sufficient to fulfill obligations within 36 months. If the amount is not enough, the Financial Manager has the right to initiate the procedure for implementing bankruptcy property. Based on these conditions, new debt payment conditions will be calculated.

The debtor should not have a criminal record for economic crimes and be recognized bankrupt over the past 5 years.

The bank accounts, deposits and deposits are arrested, but the debtor is guaranteed to receive a part of his own earnings in the amount of subsistence minimum and the necessary funds for dependents.

The Financial Manager opens a special account to go wage bankrupt, money from selling his property, etc. From this account also pays for legal costs, managing services and other specialists, the payment of debt on the loan.

Mandatory credit holidays are automatically provided for up to four months, during which the debtor is not obliged to carry out any payments. This makes it possible to restore solvency.

The debtor officially receives protection against collector actions. The process of forced recovery of debt and bailiffs. Requirements received by bankrupt are considered by the Financial Governor.

The work of the Financial Manager is paid. The cost of services from 25,000 rubles.

There is a temporary ban on departure from the country.

Pros and Cons Restructuring

The debtor gets the opportunity to improve the financial situation, and the credit organization reduces the risk of hopeless debts.

Benefits:

Restore the solvency of the borrower. Competent adjustment of the terms of the contract will reduce the level of payload;
The probability of partial or complete write-off accrued interest and fines for a late refund;
The procedure for forced debt collection is eliminated;
Saving a positive credit history (only if the bankruptcy procedure is not initiated).

Along with the pros, there are cons. Before you use the service, you should familiarize yourself with the possible risks and difficulties that the debtor may encounter.

Disadvantages:

The overall overpayment of the loan increases after the prolongation of the initial loan period;
The probability of approving the application for restructuring in the case of low income is reduced;
Problems with the design of new loans;
The absence of the refinancing option (association) of several problem debts.

Summarize

The indisputable advantage of the restructuring for the borrower is to reduce the amount of the monthly payment and recovery of solvency. But such a procedure leads to a substantial overall overpayment of the loan.

Let's give a simple example:

You have a loan of 500 000 ₽, payout for 36 months (3 years), rate of 15% per annum. Annuity (fixed) monthly payment In this case, it is 17,333 ₽, and the overall overpayment of the loan is 123,976 ₽ (that is, you just give 623 976 ₽).

Now increase the return period of up to 60 months (5 years) leaving the previous amount and annual bet. We receive a payment of 11,895 ₽ per month, which is significantly lower, however, the total overpayment is already 213,698 ₽. Make conclusions!

In addition to the obvious profit for banks, the restoration of the borrower's solvency is necessary for which. If explained simple wordsAccording to the requirements of the Central Bank of the Russian Federation, banks are required to have a reserve for overdue and impairment loans. This reserve is formed at the expense of its own profit of the bank. Thus, the more overdue and impairment loans in loan portfolio bank, the need more sum reserve and accordingly there are less free current meanscapable of making a profit.

Perhaps about five years ago no one even heard about it, and now all television and newspaper headlines tell about this banking "step towards". What is the restructuring of debt on the loan, in what cases the borrower can use it, why bank employees may deepen this procedure, and what are there are alternatives - we will discuss all this in detail in this article.

The concept of credit debt restructuring

When you take cash on credit in any bank (or credit institution), you subscribe where all the conditions for its return are clearly stipulated:

Monthly payments;
Deadlines;
Interest for use credit funds;
Penya for being late with payment on maturity;
Penalties for the lack of payment of a loan for more than a month.

When you begin violations of these conditions on your part, in particular - you are late with payment or at all stopped repayment of your loan, your debt is not reduced, but on the contrary - rapidly growing, keeping you in. The actions of banking structures in such cases are almost standard: if you cannot form a client and force it to pay a loan, banks resell it or go to court. The first to bring a lot of negative moments to the country's former client, in the second case, the debtor will have to get acquainted with ship bailiffs, and as a result - to lose property.

And so that these two options for solving the problem with the payment of the loan did not break into your life, there was and invented the procedure for the restructuring of your money debt. At the same time of all possible optionsprobably the most cheap way Solve this problem.

The essence of restructuring

Restructuring credit duty - This is a set of actions by the creditor bank aimed at changing the terms of the contract caused by the need to repay the credit loan issued to them. The main purpose of this procedure is to facilitate and speed up the payment of debt debt from the Client.

Types of restructuring:

Loan prolongation;
Reducing interest rate;
Credit holidays;
Debt debt;
Refinancing;

As for the types of loans themselves, most often in the bank they ask for the restructuring of the mortgage loan, and less often - just consumer.

In what cases is the procedure

Weightful reasons why the bank can agree to change the terms of your loan agreement:

You fell under the reduction;
Change in the level of salary in a smaller side;
Pregnancy or maternity leave;
Disease, operation, disability;
Call into the army of you or a family member, at whose income you expected;
Imprisonment (statement writers write a debtor);
Death and the transition of debt to heirs;
Devaluation of the ruble.

What is the minus of this procedure? Ultimately, it may be that the cumulative amount of loan payments will still increase. Probably, that is why in Sberbank, the same became more willing to agree to carry out this procedure, because they will definitely not be in a loss. But if for some reason the lender does not make concessions and does not want to restructure the debt, you can contact other banks, for example, in VTB 24, asking to refinance your credit.

What is the restructuring of credit debt we figured out, it's time to consider its options and procedure.

Credit holidays

The so-called credit holidays are a deferment for payments. It can be framed, for example, in the case of long-term hospitalization - the client simply will not be able to work and pay loans on time, or travel abroad in the absence of a client confidence that someone from his relatives will fulfill the conditions for repaying it credit debt. But much more often asked to arrange this type of restructuring due to the client of vital difficulties.

Here, as a rule, each case is considered individually, and pays attention to the credit history of the client, whether he has a guarantor and other points. The term of credit holidays is usually small - to six months, less often a year or two. In this case, when the debt owner is completely exempt from paying for this period is also not frequent. The transition to a partial loan repayment is more practiced. Example: During the agreed period, the client pays an extremely basic loan suture, or repudits debt only to percentage already accrued.

Prolongation

Extension of the term credit payments (prolongation) significantly increases the amount of cash payments, but the price of reducing monthly payments. This method is well suited to people who have lost their jobs or replaced her place with a loss of salary. Also, this type of loan restructuring is going towards young mothers or lone mothers.

Change rate

Changing interest rates, according to statistics, the least used. Since this is the main earnings of the bank and they are not beneficial to such losses. But in the event of mortgage debt, it becomes the best way out in a situation for both sides.

Refinancing

The refinancing of your loan by another bank is possible only if your bank did not meet you or its terms of changes in the loan agreement you are not satisfied, but thanks to the excellent credit history you can count on the debt restructuring on the current loan agreement and the design of the new target loan. In fact, cash that you owe is listed by the new bank to the previous borrower.

Write-off

It is worth remembering that in some banks there is a "discount program", which is the procedure for writing off debt. It can be requested if suddenly after the client did not pay for a long time and his impressive loan duty and percentages accumulated, and he (or his heirs) decided to pay it in one fell swoop. In such cases, negotiations on the write-off part of the debt are underway. Depending on the bank, the economic situation, the amount of credit debt and the readiness of the client to pay for one-time payment - this may be 50-70% of the amount of debt.

How to make an application for debt restructuring

In the process of arrears, the algorithm of actions of any bank is the same. First, employees notify the client about the need to repay their credit debt (telephone call, SMS notification, recommended letters). This can occur for 4-6 months, after which - if the payments did not resume - the bank may offer the client to revise the contract, and may begin the process of transferring a case to the Court (or sell debt collectors). Therefore, you should not wait, but it is better to do this very question.

So, in order to get welcome reluctance for the successful and timely fulfillment of your credit obligations, without spoiling your own, the debtor needs to write a letter to the bank, or turn to the credit specialist in place.

After listening to you and considering your evidence, bank employee Suggested to write a statement where it will be necessary to describe the reasons for your request for credit debt restructuring. The bank always provides a sample statement, although it is not worth a particularly worried about compliance with some legal requirements - the free form of compilation is permitted. this appeal And you will tell you how it is done.

The main thing to indicate in the statement:

Data on your loan agreement (number, date of compilation);
Loan amount (in aggregate with insurance and various services);
The amount of the loan already redeemed;
Loan balance;
Last payment date;
Date of the first overdue payment;
The reasons that influenced the appearance of debt;
How exactly do you want to change the terms of the loan agreement: change monthly sum payment, a decrease in interest rate, prolongation (increase the term of the contract), delay in payments, debt debt;
It is also worth mentioning that you are a depository or a salary \\ social card holder in this bank.

The application is always made in two copies. In addition to the application, it will be necessary to submit all checks about the payments performed already on payments and written evidence of the reasons of the delay in credit payments described in it:

Help with a new job place;
Help with labor exchange;
Certificate that are registered with the female consultation;
Help what are on maternity leave;
Labor book, where there is an entry on dismissal;
Documents and certificates from the hospital confirming the disease, operation;
Heirs provide confirmation of the death of the debtor, and evidence that they cannot because of the circumstances follow the terms of the contract;
Written refusal of the guarantor to fulfill its obligations, etc.

The decision of the bank will be made after a thorough data verification in the process of consideration of the application and your credit history, which you will be notified in a convenient way to you: by phone, by registered or email. As a rule, it leaves 2 days to one working week. Based on the decision made, you are negotiating a new meeting with representatives of the Bank, where discuss the proposed option to restructure your credit debt and sign a new agreement.

Loan debt restructuring in MFI

Microfinance organizations are not so willing to restructure the debts of their customers, as banking structures do. The thing is that it is about different amounts.

As a rule, the MFIs seek small credit sums, and the timing of their return, respectively, is much shorter. But if your circumstances of the appearance of debt before this lender is really weighty, or you made long-term cash loans, that is, a chance for a positive decision. In addition to cases when you have concluded a transaction with a microcredit company (ICC): strict requirements for work and simplified activity scheme deprives them of such an opportunity.

The procedure for a request for a loan debt restructuring in MFIs is no different from the one that would have a place in the State Bank. Make a statement according to the sample statement, indicate in it all the loan data, the causes of the occurrence of debt and solving the problem. The application is attached to the documents confirming your words about insolvency. But be prepared that you can get a refusal to MFIs without explaining the reasons. In this case, you will have to turn to a financial ombudsman who will tell how to challenge this decision and solve the conflict between the lender and the debtor in the pre-trial version.

Restructuring of the credit debt of a legal entity

Above, we considered the procedure for revising the loan agreement between the Bank and the individual, but this procedure is also available for organizations. Naturally, there are a number of subtleties between legal entities in the design of the restructuring procedure. Not the last role in this issue is played by the "Business Reputation" of the Company, which requested the revision of the loan conditions.

The legal entity is little to argue its temporary financial difficulties, as it is often about very large cash loans. Companies need to convince their creditor in the future all conditions under the loan agreement will be fulfilled and a full calculation with the bank.

The new agreements between the creditor bank and the debtor's organization carries not only tolerance regarding the repayment of credit debt, but also stipulates the solutions financial problems debtor. In such agreements, there is always item " special conditions", Under which the lender can unilaterally break this agreement.

After the new debt restructuring agreement is signed by both parties (with mandatory clarification of all details, TIN, OGRN, settlement accounts), it is considered legal replacement for the primary loan agreement legal entity. This new, in fact, the contract will be a weighty argument, if one of the parties decides to turn to court. As a rule, we are talking about cases when after the restructuring of the primary debt, a planned violation of the conditions of the new agreement between the bank and the loan will occur.

If difficulties arose with the loan payment, then they can be solved using refinancing or restructuring. To understand when which procedures are more effective, it is necessary to figure out the difference between the terms.

What is debt restructuring

Loan restructuring means reissuing the contract to optimize payments.

The reason for the procedure can be:

loss of work;
the emergence of health problems;
birth of a child and making leave for it;
obtaining disability;
call for the army service;
reduction in the level of family income;
loss of the breadwinner;
other circumstances that make the return amount obtained difficult or impossible.

Banks offer restructuring only on "their" loans, the contracts decorated in other financial institutions under this program do not fall.

Types of restructuring

Financial debt improvement can be conducted in several ways:

reducing a monthly contribution due to an increase in the term of the contract - in this case, the load will become less, but will increase the final overpayment;
restructuring currency loans - a loan currency change allows you to adapt payments to the current economic situation, relevant with the growth rate;
the provision of "Financial Vacations" - assumes the opportunity for some time to pay only accrued interest or completely frees from contributions for a reservation period.

As a rule, during the procedure, the banks are ready to forgive the borrower accrued for late contributions of penalties and fines. But the principal amount is paid after the completion of the preferential loan will still be required in full.

Restructuring consumer credit

The terms of financial assistance to the applicant are discussed in each case individually. It is possible that the bank himself will act with the initiative to deprive debt.

If the client himself is interested in restructuring the contract, he is recommended:

as soon as possible, inform the lender about the arising or expected overdue debt;
collect the maximum number of documents and information that can confirm the need for dedication;
break into contact with the bank, do not ignore his calls and other notifications;
make at least minimal amounts.

At the same time, the lender has the right to refuse to carry out restructuring and submit an appeal to the recovery of all debt through the court.

Restructuring of a mortgage loan

Housing loan can be reissued both on individual conditions and in the framework of the state program mortgage borrowers from AHML.

According to the government decree dated 11/08/2017, the right to support states have:

disabled;
families with one or more children;
military veterans;
parents of disabled children;
parents, on the dependent of which are educational schools, students, graduate students and cadets of full-time form of education under the age of 24 years.

In order for the application for financial assistance to be consistent, compliance with the requirements of the requirements:

the property is decorated in a mortgage must be the only housing of the client;
the loan agreement was issued more than 12 months ago;
real estate area does not exceed 85, 65 and 45 square meters for room of three, two and one room, respectively;
from the date of conclusion of the agreement, the monthly payment in comparison with the initial grew by 30% and more (due to penalties, fines and overdue interests);
for last 90 days average income Each family member was less than a two-time subsistence minimum established in the region.

If, according to the application, the Commission will be given a positive response, its total debt will be reduced by a maximum of 30%, but not more than 1.5 million rubles. Penal and fines will be forgiven.

Important! Payments for insurance agreements are not restructured - they are subject to payment in full.

As a result of financial recovery, the rate will be established at the level of approval approval, and dollar and Euro treaties will be reissued to rubles.

Term of consideration

Legislatively not established, for what period, the AHML Commission is obliged to consider the collected package of documents.

Customer reviews that appealed to the State party's lender program with a request to help with paying mortgages, they suggest that statements are considered for a very long time. One borrower response came 70 days after submitting an application, while others only 4 months after appeal were notified of the need to provide additional information.

Required documents

Initially, together with the standard form statement, it will be necessary to provide:

copies of passports or other documents that certify the identity of the main borrower and all the coaches, in some cases a similar is required from their families;
documentary confirmation of the social category of the borrower - the birth certificates of children, a certificate of disability, a military veteran certificate, etc.;
documents showing the financial position of the main and solidar borrowers over the past 3 months is a certificate of income, a copy of the employment record and / or a contract, an extract from the salary account and other.

A set of documents must be submitted through the bank-lender. AHML may request additional information and their confirmation.

How to make restructuring to the physical face

For financial recovery, the borrower is necessary:

contact the lender with a request to conduct restructuring - the Bank's employee will give a statement of a standard form in which it will be necessary to simply give answers to the questions raised;
provide a list of documents - it is recommended to learn in advance and collect the necessary information and pass them for consideration along with the appeal;
wait for the reply of the creditor - after analyzing the set of information provided, the request for financial assistance will be either rejected or approved;
to issue a new agreement - with a positive decision, a transaction will be appointed on which a contract will be signed, a payment schedule and other documents.

When applying for debt restructuring, it is recommended to ask for itself a copy of the address of the Bank's employee. If you refuse to conduct the procedure, the document may be useful in court.

What if the bank refused

If in financial support, the borrower was denied, then it is necessary to try to find other sources of funds - the help of relatives or friends, loans in other banks and so on.

Important! It is not necessary to draw out loans for repayment of current debt without confidence that with the new contract there will be no problems - it will only exacerbate the situation.

After some time, it will be possible to apply for restructuring again. If a failure comes on it, it is necessary to prepare for the court - most likely the bank will file a lawsuit on the forced recovery of debt.

The difference between the concepts is that restructuring involves the dedication of the contract or the unification of several loans of another bank in one on more attractive conditions.

Important! Almost always for refinancing requires a lack of overdue debt.

When refinancing, funds are targeted - they are issued to repay loans in other banks. The client will be set a certain period during which it must confirm exactly how money was spent. Otherwise the bank can increase the bet or even demand early refund Debt.

Offers many financial organizations. You can include consumer agreements in one contract, credit cards, Mortgage loans and even additionally get some amount of cash.

Refinancing of loans from other banks - the best deals

Market analysis revealed 5 optimal shutdown programs:

- Ready to provide up to 1 million rubles per batch from 11.99%, the execution of the insurance policy does not affect the terms of the agreement.
- You can refinance up to 3 credits in the amount of up to 3 million rubles from 11.5%, if the insurance fails, the rate will increase by 3.5 percentage points.
- It proposes to combine one to 5 contracts for a rate of 11.99%, the maximum amount of financing is 5 million rubles.
- You can get up to 3 million rubles damage from 10.9%.
- It suggests to issue up to 5 million under the annual bid from 11%.

Contrary to the opinion of borrowers, and do not propose refinancing of loans of third-party financial organizations.

Replies of a credit specialist

Restructuring was carried out, but I can't pay anyway. Is it possible to carry out a procedure again?

Yes, you can try to seek re-restructuring or ask for a delay of payment, the restrictions on the number of appeals are not established. But the final decision will be behind the lender - the application can be both a positive response and negative.

How does restructuring affect the credit history?

Concluded agreement in the bureau credit stories will be considered as a new loan. All previous contracts will be listed closed, and arrears on them - repaid. At the same time, all occurrence that occurred will be displayed in full, the bank does not have the right to distort the information.