27.08.2020

Typical samples of contracts, documents and other business papers, crops of laws and codes, a collection of standards and standards, a catalog of business plans and ideas, rating of banks of Russia. Extension of the new assistance program of mortgage borrowers Resolution 961 from 11 08


Government of the Russian Federation

Decision

For further implementation

In a difficult financial situation

Government Russian Federation Decides:

1. To approve the accompanying changes that are entered into the main conditions for the implementation of the assistance program special categories Borrowers for mortgage housing loans (loans), which found themselves in a complex financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the basic conditions for the implementation of a program for assistance to certain categories of mortgage loans for mortgage loans (loans), which found themselves in difficult financial Situations and magnification authorized capital Joint-Stock Company "Agency of Mortgage Housing Lending" (Meeting of the legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, N 50, Art. 7089; 2017, N 8, Art. 1245).

2. Ministry of Construction and Housing and Communal Services of the Russian Federation:

until September 1, 2017, to create an interdepartmental commission for making decisions on compensation to creditors (lendering) on \u200b\u200bmortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage securities", on mortgage housing loans (loans), the rights of which are acquired by mortgage agents, and the Joint-Stock Company" Agency of Mortgage Housing Lending "on mortgage housing loans (loans), the rights of the requirements for which this society, losses (their parts) arising As a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, approve the provision on the specified commission, the composition and procedure for its work;

to send the Joint-Stock Company "Agency of Mortgage Housing Lending" in accordance with the established procedure, cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-p as a contribution to the authorized capital of the joint stock company "Mortgage Housing Agency "On the purpose of compensation for damages (their parts), creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for mortgage housing loans (loans), the rights of claim for which acquired mortgage agents, and joint-stock companies "Mortgage Housing Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the program assistance to certain categories of borrowers by mortgage Listed loans (loans), which found themselves in a difficult financial situation.

3. Federal Agency for Management state property Ensure in the prescribed manner an increase in the authorized capital of the Joint-Stock Company's "Agency of Mortgage Housing Lending" by 2 billion rubles by placement additional shares and carry out actions related to the acquisition of these shares and the design rights of the Russian Federation, in accordance with the tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, Federal Agency According to the management of state property and joint-stock company "Agency of Mortgage Housing Lending".

4. Recommend to the Joint-Stock Company "Agency of Mortgage Housing Lending" to an increase in the authorized capital in accordance with paragraph of the third paragraph 2 and paragraph 3 of this Resolution, send the own funds in the amount of no more than 500 million rubles for reimbursement of creditors (lenders) on mortgage housing loans ( Loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents, losses (their parts) arising from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and allow the use of funds received in accordance with paragraph 2 of this Resolution to reimburse the costs of the Joint Stock Company's "Agency of Mortgage Housing Lending", When implementing a program of assistance to individual categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, in accordance with this clause.

5. In the event that the applications of borrowers on the restructuring of mortgage housing loans (loans) were received before the entry into force of this resolution, but were not satisfied, damages (their parts) to creditors (lenders) on mortgage housing loans (loans), mortgage agents implementing Activities in accordance with the Federal Mortgage Securities Act, for mortgage housing loans (loans), the rights of the requirements for which mortgage agents and the Joint-Stock Company "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of claim for which Acquired by this society can be implemented in the event of a borrower's re-applying, subject to the main conditions for the implementation of a program for assistance to certain categories of mortgage-housing loans (loans) borrowers, which found themselves in a difficult financial situation, as amended by this Regulation.

Chairman of the government

Russian Federation

D.Medvedev

Approved

decree of Government

Russian Federation

Changes

Which are entered into the main terms of implementation

For mortgage housing loans (loans)

In a difficult financial situation

The main conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, shall be amended as follows:

"Approved

decree of Government

Russian Federation

(as amended by the Resolution

Government of the Russian Federation

Basic conditions

For mortgage housing loans (loans)

In a difficult financial situation

1. The main conditions for the implementation of a program of assistance to certain categories of borrowers for mortgage housing loans (loans), which found themselves in a difficult financial situation (hereinafter referred to as the program), determine the conditions for restructuring mortgage housing loans (loans) for certain categories of borrowers who found out in a complex financial situation, and Also, the conditions for compensation for creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the federal law "On mortgage securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents and shareholders are acquired The Society "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), which arose as a result of such restructuring (hereinafter referred to as the creditor, borrower, compensation, restructuring).

2. Reimbursement under the Program is carried out by one-time for mortgage housing loans (loans), restructured in accordance with this document, in accordance with the procedure established by the Joint-Stock Company "Mortgage Housing Lending Agency" published on its official website in the Internet information and telecommunications network.

3. Reimbursion is subject to damages (their part) of the lender for each mortgage housing loan (loan) restructured in accordance with this document, in the amount of which, as a result of restructuring in cases provided for by subparagraph "in" of paragraph 10 of this document, is reduced monetary obligations Borrower on the loan agreement (loan agreement), but not more than the limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document.

4. Reimbursement within the program is carried out within moneyprovided for the implementation of the program.

5. Restructuring is carried out on the basis of a creditor decision on the restructuring application provided to the Borrower to the lender (hereinafter referred to as a statement on restructuring).

Restructuring can be carried out by concluding a creditor and a borrower (solidarial debtors) agreements on the change in the conditions of the previously concluded loan agreement (loan agreements), conclusions of a new loan agreement (loan agreement) for purpose full repayment Debt on the restructured mortgage housing loan (loan), the conclusion of the settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan amount (loan), designed to conclude a restructuring agreement, but not more than 1500 thousand rubles, with the exception of the cases provided for in paragraph 7 of this document.

7. In accordance with the decision of the Interdepartmental Commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", in mortgage housing loans (loans), The requirements of which are acquired by mortgage agents, and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (parts of them), which arose as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter - the Interdepartmental Commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant address of the creditor in the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the Regulations on the interdepartmental Commission.

8. Unless otherwise provided by this document, as of the submission of the restructuring application, should be simultaneously observed. the following conditions:

a) the borrower (solidarial debtors) is a citizen of the Russian Federation relating to one of the following categories:

citizens who have one or more minor children or are guardians (trustees) of one or more minor children;

citizens who are disabled or having children with disabilities;

citizens who are veterans of hostilities;

b) a change in the financial situation of the borrower (solidarial debtors) - the average monthly cumulative income of the borrower's family (solidarial debtors), calculated in 3 months preceding the date of submission of a restructuring application, after deducting the size of the planned monthly loan payment (loan) calculated for the date preceding The date of submission of a restructuring application does not exceed each member of the borrower's family (solidarized debtor) of the two-time magnitude subsistence minimumestablished in the constituent entities of the Russian Federation in whose territory the persons live, the incomes of which were taken into account in the calculation. At the same time, the average monthly cumulative income of the borrower's family (solidarial debtors) in estimated period equal to the amount of average monthly income of the borrower (solidarial debtors) and members of his family, to which the borrower (solidarial debtor) and its minor children, including those under its care or trustees, as well as persons specified In paragraph, the fifth subparagraph "A" of this clause, and the size of a planned monthly loan payment (loan) designed for the date preceding the date of submission of the restructuring application increased by at least 30 percent compared to the size of the planned monthly payment calculated on the date conclusion of a loan agreement (loan agreement);

c) ensuring the execution of the obligations of the borrower under the loan agreement (loan agreement) is a mortgage of a residential premises located in the Russian Federation, or a guarantee of the rights of claim residential premisesarising from the participation contract in equity constructionresponsible for requirements Federal Law "On participation in equity construction apartment houses and other properties and changes in some legislative acts Of the Russian Federation "(hereinafter referred to as a contract in equity construction);

d) total area Residential premises, including residential premises, the right claim for which follows from the Treaty of Participation in Share Construction, the mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (a loan agreement), does not exceed 45 square meters. meters - for premises with 1 residential room, 65 sq. M. meters - for room with 2 living rooms, 85 square meters. meters - for premises with 3 or more residential rooms;

e) a residential premises, including a residential premises, the right of claim to participate from the Treaty of Participation in Share Construction, a mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (a loan agreement) is (will be) the only housing of the pledger. At the same time, in the period, starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 No. 373 "On the basic conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and an increase in the statutory The capital of the Joint-Stock Company's Mortgage Lending Agency for the submission of a borrower on restructuring is allowed to have a total share of the pledger and members of his family in the right of ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph to The family members of the pledger include the spouse (spouse) of the pledger and its minor children, including those under his care or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple writing. The borrower of information from the Unified State Register of Real Estate is not required. Joint-stock company "Agency of Mortgage Housing Lending" carries out a borrowing of information provided in accordance with this sub-paragraph;

e) a loan agreement (loan agreement) is concluded at least 12 months before the date of submission by the borrower of the restructuring statement, except if mortgage (loan) is provided on the goal of full repayment of the mortgage housing debt (loan), provided at least 12 months before the submission date of the Restructuring Statement by the Borrower.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the Interdepartmental Commission in the manner prescribed by the Regulations on the Interdepartmental Commission.

10. The restructuring agreement should be provided simultaneously the following conditions:

a) change in the currency of the loan (loan) with foreign currency on Russian rubles at the rate not higher than the course of the corresponding currency established Central Bank Of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) nominated foreign currency);

b) setting the size of the lending rate not higher than 11.5 percent of the annual (for loans (loans) nominated in foreign currency) or not above the rate acting on the date of the conclusion of the restructuring agreement (for loans (loans) nominated in Russian rubles);

c) Reducing the monetary obligations of the borrower (solidarial debtors) in the amount of a no less limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document, due to the one-time forgiveness of the part of the loan amount (loan) and (or) changes in the loan currency (loan) with foreign Currencies on the Russian rubles at the rate below the course of the relevant currency established by the Central Bank of the Russian Federation at the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

d) liberation of the borrower (solidarial debtors) from the payment of a penalty accrued under the terms of the loan agreement (loan agreement), with the exception of a penalty actually paid by the borrower (solidarial debtors) and (or) recovered on the basis of the entered legal force Court decision.

11. When concluding a restructuring agreement, a reduction in the deadlines of mortgage housing loans (loans) and (or) charges with the lender from the borrower (solidarial debtors) of the Commission for actions related to restructuring are allowed.

12. All calculations within the framework of the program are carried out in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation at the date of the conclusion of the restructuring agreement (for loans (loans) nominated in foreign currency). ".

Decree of the Government of the Russian Federation of 11.08.2017 N 961 "On the further implementation of a program of assistance to certain categories of borrowers on mortgage housing loans (loans), which founded in a difficult financial situation"

Government of the Russian Federation

Decision

For further implementation

For mortgage housing loans (loans)

In a difficult financial situation

The Government of the Russian Federation decides:

1. To approve the accompanying changes that are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, approved by the Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the basic conditions for implementing the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company's "Agency of Mortgage Housing Lending" (Meeting of the legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, N 50, Art. 7089; 2017, N 8, Art. 1245).

2. Ministry of Construction and Housing and Communal Services of the Russian Federation:

Until September 1, 2017, to create an interdepartmental commission on making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) The rights of the requirements for which mortgage agents are acquired and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), resulting from the restructuring of mortgage housing loans (loans) In accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, to approve the provision on the specified commission, the composition and procedure for its work;

to send the Joint-Stock Company "Agency of Mortgage Housing Lending" in accordance with the established procedure, cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-p as a contribution to the authorized capital of the joint stock company "Mortgage Housing Agency "On the purpose of compensation for damages (their parts), creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for mortgage housing loans (loans), the rights of claim for which acquired mortgage agents, and joint-stock companies "Mortgage Housing Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the program assistance to certain categories of borrowers by mortgage Listed loans (loans), which found themselves in a difficult financial situation.

3. Federal State Property Management Agency to ensure in the prescribed manner an increase in the authorized capital of the Joint-Stock Company Agency "Agency of Mortgage Housing Lending" by 2 billion rubles by placing additional shares and implement actions related to the acquisition of these shares and the rights of ownership of the Russian Federation, In accordance with the trilateral agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and Joint-Stock Company "Agency of Mortgage Housing Lending".

4. Recommend to the Joint-Stock Company "Agency of Mortgage Housing Lending" to an increase in the authorized capital in accordance with paragraph of the third paragraph 2 and paragraph 3 of this Resolution, send the own funds in the amount of no more than 500 million rubles for reimbursement of creditors (lenders) on mortgage housing loans ( Loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents, losses (their parts) arising from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and allow the use of funds received in accordance with paragraph 2 of this Resolution to reimburse the costs of the Joint Stock Company's "Agency of Mortgage Housing Lending", When implementing a program of assistance to individual categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, in accordance with this clause.

5. In the event that the applications of borrowers on the restructuring of mortgage housing loans (loans) were received before the entry into force of this resolution, but were not satisfied, damages (their parts) to creditors (lenders) on mortgage housing loans (loans), mortgage agents implementing Activities in accordance with the Federal

The Government of the Russian Federation decides:

1. To approve the accompanying changes that are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, approved by the Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the basic conditions for implementing the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company's "Agency of Mortgage Housing Lending" (Meeting of the legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, N 50, Art. 7089; 2017, N 8, Art. 1245).

2. Ministry of Construction and Housing and Communal Services of the Russian Federation:

until September 1, 2017, to create an interdepartmental commission on making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) The rights of the requirements for which mortgage agents are acquired and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), resulting from the restructuring of mortgage housing loans (loans) In accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, to approve the provision on the specified commission, the composition and procedure for its work;

to send the Joint-Stock Company "Agency of Mortgage Housing Lending" in accordance with the established procedure, cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-p as a contribution to the authorized capital of the joint stock company "Mortgage Housing Agency "On the purpose of compensation for damages (their parts), creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for mortgage housing loans (loans), the rights of claim for which acquired mortgage agents, and joint-stock companies "Mortgage Housing Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the program assistance to certain categories of borrowers by mortgage Listed loans (loans), which found themselves in a difficult financial situation.

3. Federal State Property Management Agency to ensure in the prescribed manner an increase in the authorized capital of the Joint-Stock Company Agency "Agency of Mortgage Housing Lending" by 2 billion rubles by placing additional shares and implement actions related to the acquisition of these shares and the rights of ownership of the Russian Federation, In accordance with the trilateral agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and Joint-Stock Company "Agency of Mortgage Housing Lending".

4. Recommend to the Joint-Stock Company "Agency of Mortgage Housing Lending" to an increase in the authorized capital in accordance with paragraph of the third paragraph 2 and paragraph 3 of this Resolution, send the own funds in the amount of no more than 500 million rubles for reimbursement of creditors (lenders) on mortgage housing loans ( Loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents, losses (their parts) arising from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and allow the use of funds received in accordance with paragraph 2 of this Resolution to reimburse the costs of the Joint Stock Company's "Agency of Mortgage Housing Lending", When implementing a program of assistance to individual categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, in accordance with this clause.

5. In the event that the applications of borrowers on the restructuring of mortgage housing loans (loans) were received before the entry into force of this resolution, but were not satisfied, damages (their parts) to creditors (lenders) on mortgage housing loans (loans), mortgage agents implementing Activities in accordance with the Federal Mortgage Securities Act, for mortgage housing loans (loans), the rights of the requirements for which mortgage agents and the Joint-Stock Company "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of claim for which Acquired by this society can be implemented in the event of a borrower's re-applying, subject to the main conditions for the implementation of a program for assistance to certain categories of mortgage-housing loans (loans) borrowers, which found themselves in a difficult financial situation, as amended by this Regulation.

Chairman of the government

Russian Federation

D.Medvedev

Changes that are entered into the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation

The main conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, shall be amended as follows:

The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation

1. The main conditions for the implementation of a program of assistance to certain categories of borrowers for mortgage housing loans (loans), which found themselves in a difficult financial situation (hereinafter referred to as the program), determine the conditions for restructuring mortgage housing loans (loans) for certain categories of borrowers who found out in a complex financial situation, and Also, the conditions for compensation for creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the federal law "On mortgage securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents and shareholders are acquired The Society "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), which arose as a result of such restructuring (hereinafter referred to as the creditor, borrower, compensation, restructuring).

2. Reimbursement under the Program is carried out by one-time for mortgage housing loans (loans), restructured in accordance with this document, in accordance with the procedure established by the Joint-Stock Company "Mortgage Housing Lending Agency" published on its official website in the Internet information and telecommunications network.

3. The compensation is subject to losses (their part) of the lender for each mortgage housing loan (loan), restructured in accordance with this document, in the amount of which, as a result of restructuring in cases provided for by sub-clause "in" of paragraph 10 of this document, reduced the amount of cash obligations of the borrower under the loan agreement (loan agreement), but not more than the limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document.

4. Reimbursement under the program is carried out within the funds provided for the implementation of the Program.

5. Restructuring is carried out on the basis of a creditor decision on the restructuring application provided to the Borrower to the lender (hereinafter referred to as a statement on restructuring).

Restructuring can be carried out by concluding a creditor and borrower (solidarial debtors) Agreement on the change in the conditions of the previously concluded loan agreement (loan agreement), the conclusion of a new loan agreement (loan agreement) on the purpose of full repayment of debt on the restructured mortgage housing loan (loan), the conclusion of the settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan amount (loan), designed to conclude a restructuring agreement, but not more than 1500 thousand rubles, with the exception of the cases provided for in paragraph 7 of this document.

7. In accordance with the decision of the Interdepartmental Commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", in mortgage housing loans (loans), The requirements of which are acquired by mortgage agents, and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (parts of them), which arose as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter - the Interdepartmental Commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant address of the creditor in the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the Regulations on the interdepartmental Commission.

8. Unless otherwise provided by this document, as of the date of submission of a restructuring application, the following conditions must be followed simultaneously:

a) the borrower (solidarial debtors) is a citizen of the Russian Federation relating to one of the following categories:

citizens who have one or more minor children or are guardians (trustees) of one or more minor children;

citizens who are disabled or having children with disabilities;

citizens who are veterans of hostilities;

citizens, on the dependent of which are faces under the age of 24 years, who are students, students (cadets), graduate students, adjunctions, alternators, interns-interns, interns and studying for full-time learning;

b) a change in the financial situation of the borrower (solidarial debtors) - the average monthly cumulative income of the borrower's family (solidarial debtors), calculated in 3 months preceding the date of submission of a restructuring application, after deducting the size of the planned monthly loan payment (loan) calculated for the date preceding The date of submission of a restructuring application does not exceed each member of the borrower's family (solidarial debtor) of the double size of the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons live, the incomes of which were taken into account in the calculation. At the same time, the average monthly cumulative income of the borrower's family (solidarial debtors) in the settlement period is equal to the amount of average monthly income of the borrower (solidarial debtors) and members of his family, to which the borrower (solidarial debtor) and its minor children are for the purposes of this subparagraph) including under its care or guardianship, as well as the persons listed in paragraph Fifth subparagraph "A" of this paragraph, and the size of the planned monthly loan payment (loan) designed for the date preceding the date of submission of the application for restructuring increased not less than by 30 percent compared with the size of a planned monthly payment calculated on the date of concluding a loan agreement (loan agreement);

c) ensuring the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is the mortgage of the residential premises located in the Russian Federation, or the guarantee of the rights of the requirements for such a living space arising from the Treaty of Participation in the Share Construction, which meets the requirements of the Federal Law "On Participation in Shave construction of apartment buildings and other real estate objects and the amendments to some legislative acts of the Russian Federation "(hereinafter referred to as a contract of participation in shared construction);

d) the total area of \u200b\u200bresidential premises, including residential premises, the right of claim for which it follows from the Treaty of Participation in Share Construction, the mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (the loan agreement) does not exceed 45 square meters. meters - for premises with 1 residential room, 65 sq. M. meters - for room with 2 living rooms, 85 square meters. meters - for premises with 3 or more residential rooms;

e) a residential premises, including a residential premises, the right of claim to participate from the Treaty of Participation in Share Construction, a mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (a loan agreement) is (will be) the only housing of the pledger. At the same time, in the period, starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 No. 373 "On the basic conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and an increase in the statutory The capital of the Joint-Stock Company's Mortgage Lending Agency for the submission of a borrower on restructuring is allowed to have a total share of the pledger and members of his family in the right of ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph to The family members of the pledger include the spouse (spouse) of the pledger and its minors children, including those under his care or guardianship. Compliance with these conditions is confirmed by the claim of a borrower in a simple writing. The borrower of information from the Unified State Register of Real Estate is not required. Joint stock OE Society "Agency of Mortgage Housing Lending" carries out a borrower of information provided in accordance with this subparagraph;

e) a loan agreement (loan agreement) was concluded at least 12 months before the date of submission of a borrower of the restructuring statement, except if the mortgage loan (loan) is provided on the purpose of full repayment of the mortgage housing debt (loan) granted than 12 months before the date of submission by the borrower of the restructuring statement.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the Interdepartmental Commission in the manner prescribed by the Regulations on the Interdepartmental Commission.

10. The restructuring agreement should be provided simultaneously the following conditions:

a) a change in the currency of the loan (loan) with foreign currency to the Russian rubles at the rate not higher than the course of the relevant currency established by the Central Bank of the Russian Federation as of the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

b) setting the size of the lending rate not higher than 11, 5 percent of the annual (for loans (loans) nominated in foreign currency) or not higher than the rate acting at the date of the conclusion of the restructuring agreement (for loans (loans) nominated in Russian rubles);

c) Reducing the monetary obligations of the borrower (solidarial debtors) in the amount of a no less limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document, due to the one-time forgiveness of the part of the loan amount (loan) and (or) changes in the loan currency (loan) with foreign Currencies on the Russian rubles at the rate below the course of the relevant currency established by the Central Bank of the Russian Federation at the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

d) the liberation of the borrower (solidarial debtors) from the payment of a penalty accrued under the terms of the loan agreement (loan agreement), with the exception of a penalty actually paid by the borrower (solidarial debtors) and (or) for the court decision on the legitimate force.

11. When concluding a restructuring agreement, a reduction in the deadlines of mortgage housing loans (loans) and (or) charges with the lender from the borrower (solidarial debtors) of the Commission for actions related to restructuring are allowed.

12. All calculations within the framework of the program are carried out in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation at the date of the conclusion of the restructuring agreement (for loans (loans) nominated in foreign currency). ".

Canceled limit of the term of the program of assistance to mortgage borrowers, which provided in a difficult financial situation

Amendments made to the main provisions of the program of assistance to certain categories of borrowers on mortgage housing loans, including:

the limitation of the program is canceled (a previously valid period of the program applied to the restructuring agreements concluded on May 31, 2017);

the maximum amount of compensation for each restructured mortgage loan increased from 20 to 30 percent of the balance of the loan amount calculated on the date of the conclusion of the RESTRUCTION Treaty, but not more than 1.5 million rubles, in relation to all categories of borrowers (at the same time, the maximum amount may be increased by the decision The formed interdepartmental commission on making decisions on compensation to creditors, mortgage agents, AHML JSC of losses arising from the restructuring of mortgage housing loans in accordance with the terms of the program, no more than 2 times);

provide indication in the restructuring agreement mandatory condition On the establishment of the size of the loan rate for the entire loan period not higher than 11.5 percent of annual (not higher than 12 percent per annum) for loans nominated in foreign currency.

Earlier, 2 billion rubles of budget allocations were allocated to the implementation of the Program of the Program on July 25, 2017 N 1579-p. Now these funds are sent to the authorized capital of AHML JSC on the purpose of compensation for damages.

Government of the Russian Federation

Decision

For further implementation

The Government of the Russian Federation decides:

1. To approve the accompanying changes that are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, approved by the Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the basic conditions for implementing the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company's "Agency of Mortgage Housing Lending" (Meeting of the legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, N 50, Art. 7089; 2017, N 8, Art. 1245).

2. Ministry of Construction and Housing and Communal Services of the Russian Federation:

until September 1, 2017, to create an interdepartmental commission on making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) The rights of the requirements for which mortgage agents are acquired and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), resulting from the restructuring of mortgage housing loans (loans) In accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, to approve the provision on the specified commission, the composition and procedure for its work;

to send the Joint-Stock Company "Agency of Mortgage Housing Lending" in accordance with the established procedure, cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-p as a contribution to the authorized capital of the joint stock company "Mortgage Housing Agency "On the purpose of compensation for damages (their parts), creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for mortgage housing loans (loans), the rights of claim for which acquired mortgage agents, and joint-stock companies "Mortgage Housing Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the program assistance to certain categories of borrowers by mortgage Listed loans (loans), which found themselves in a difficult financial situation.

3. Federal State Property Management Agency to ensure in the prescribed manner an increase in the authorized capital of the Joint-Stock Company Agency "Agency of Mortgage Housing Lending" by 2 billion rubles by placing additional shares and implement actions related to the acquisition of these shares and the rights of ownership of the Russian Federation, In accordance with the trilateral agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and Joint-Stock Company "Agency of Mortgage Housing Lending".

4. Recommend to the Joint-Stock Company "Agency of Mortgage Housing Lending" to an increase in the authorized capital in accordance with paragraph of the third paragraph 2 and paragraph 3 of this Resolution, send the own funds in the amount of no more than 500 million rubles for reimbursement of creditors (lenders) on mortgage housing loans ( Loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents, losses (their parts) arising from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and allow the use of funds received in accordance with paragraph 2 of this Resolution to reimburse the costs of the Joint Stock Company's "Agency of Mortgage Housing Lending", When implementing a program of assistance to individual categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, in accordance with this clause.

5. In the event that the applications of borrowers on the restructuring of mortgage housing loans (loans) were received before the entry into force of this resolution, but were not satisfied, damages (their parts) to creditors (lenders) on mortgage housing loans (loans), mortgage agents implementing Activities in accordance with the Federal Mortgage Securities Act, for mortgage housing loans (loans), the rights of the requirements for which mortgage agents and the Joint-Stock Company "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of claim for which Acquired by this society can be implemented in the event of a borrower's re-applying, subject to the main conditions for the implementation of a program for assistance to certain categories of mortgage-housing loans (loans) borrowers, which found themselves in a difficult financial situation, as amended by this Regulation.

Chairman of the government

Russian Federation

D.Medvedev

Approved

decree of Government

Russian Federation

Changes

Which are entered into the main terms of implementation

For mortgage housing loans (loans)

In a difficult financial situation

The main conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, shall be amended as follows:

"Approved

decree of Government

Russian Federation

(as amended by the Resolution

Government of the Russian Federation

Basic conditions

Implementing a program of assistance to certain categories of borrowers

For mortgage housing loans (loans)

In a difficult financial situation

1. The main conditions for the implementation of a program of assistance to certain categories of borrowers for mortgage housing loans (loans), which found themselves in a difficult financial situation (hereinafter referred to as the program), determine the conditions for restructuring mortgage housing loans (loans) for certain categories of borrowers who found out in a complex financial situation, and Also, the conditions for compensation for creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the federal law "On mortgage securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents and shareholders are acquired The Society "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), which arose as a result of such restructuring (hereinafter referred to as the creditor, borrower, compensation, restructuring).

2. Reimbursement under the Program is carried out by one-time for mortgage housing loans (loans), restructured in accordance with this document, in accordance with the procedure established by the Joint-Stock Company "Mortgage Housing Lending Agency" published on its official website in the Internet information and telecommunications network.

3. The compensation is subject to losses (their part) of the lender for each mortgage housing loan (loan), restructured in accordance with this document, in the amount of which, as a result of restructuring in cases provided for by sub-clause "in" of paragraph 10 of this document, reduced the amount of cash obligations of the borrower under the loan agreement (loan agreement), but not more than the limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document.

4. Reimbursement under the program is carried out within the funds provided for the implementation of the Program.

5. Restructuring is carried out on the basis of a creditor decision on the restructuring application provided to the Borrower to the lender (hereinafter referred to as a statement on restructuring).

Restructuring can be carried out by concluding a creditor and borrower (solidarial debtors) Agreement on the change in the conditions of the previously concluded loan agreement (loan agreement), the conclusion of a new loan agreement (loan agreement) on the purpose of full repayment of debt on the restructured mortgage housing loan (loan), the conclusion of the settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan amount (loan), designed to conclude a restructuring agreement, but not more than 1500 thousand rubles, with the exception of the cases provided for in paragraph 7 of this document.

7. In accordance with the decision of the Interdepartmental Commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", in mortgage housing loans (loans), The requirements of which are acquired by mortgage agents, and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (parts of them), which arose as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter - the Interdepartmental Commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant address of the creditor in the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the Regulations on the interdepartmental Commission.

8. Unless otherwise provided by this document, as of the date of submission of a restructuring application, the following conditions must be followed simultaneously:

a) the borrower (solidarial debtors) is a citizen of the Russian Federation relating to one of the following categories:

citizens who have one or more minor children or are guardians (trustees) of one or more minor children;

citizens who are disabled or having children with disabilities;

citizens who are veterans of hostilities;

b) a change in the financial situation of the borrower (solidarial debtors) - the average monthly cumulative income of the borrower's family (solidarial debtors), calculated in 3 months preceding the date of submission of a restructuring application, after deducting the size of the planned monthly loan payment (loan) calculated for the date preceding The date of submission of a restructuring application does not exceed each member of the borrower's family (solidarial debtor) of the double size of the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons live, the incomes of which were taken into account in the calculation. At the same time, the average monthly cumulative income of the borrower's family (solidarial debtors) in the settlement period is equal to the amount of average monthly income of the borrower (solidarial debtors) and members of his family, to which the borrower (solidarial debtor) and its minor children are for the purposes of this subparagraph) including under its care or guardianship, as well as the persons listed in paragraph Fifth subparagraph "A" of this paragraph, and the size of the planned monthly loan payment (loan) designed for the date preceding the date of submission of the application for restructuring increased not less than by 30 percent compared with the size of a planned monthly payment calculated on the date of concluding a loan agreement (loan agreement);

c) ensuring the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is the mortgage of the residential premises located in the Russian Federation, or the guarantee of the rights of the requirements for such a living space arising from the Treaty of Participation in the Share Construction, which meets the requirements of the Federal Law "On Participation in Shave construction of apartment buildings and other real estate objects and the amendments to some legislative acts of the Russian Federation "(hereinafter referred to as a contract of participation in shared construction);

d) the total area of \u200b\u200bresidential premises, including residential premises, the right of claim for which it follows from the Treaty of Participation in Share Construction, the mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (the loan agreement) does not exceed 45 square meters. meters - for premises with 1 residential room, 65 sq. M. meters - for room with 2 living rooms, 85 square meters. meters - for premises with 3 or more residential rooms;

e) a residential premises, including a residential premises, the right of claim to participate from the Treaty of Participation in Share Construction, a mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (a loan agreement) is (will be) the only housing of the pledger. At the same time, in the period, starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 No. 373 "On the basic conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and an increase in the statutory The capital of the Joint-Stock Company's Mortgage Management Agency for the submission of a borrower on restructuring is allowed to have the aggregate share of the pledger and members of his family in the right of ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph to members of the family of the pledger include the spouse (spouse) of the pledger and its minor children, including those under his care or guardianship. Compliance with these conditions is confirmed by the claim of the borrower in simple writing. The borrower of information from the Unified State Register of Real Estate is not required. Joint-Stock Company "Agency of Mortgage Housing Lending" carries out a borrowing of information provided in accordance with this sub-paragraph;

e) a loan agreement (loan agreement) was concluded at least 12 months before the date of submission of a borrower of the restructuring statement, except if the mortgage loan (loan) is provided on the purpose of full repayment of the mortgage housing debt (loan) granted than 12 months before the date of submission by the borrower of the restructuring statement.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the Interdepartmental Commission in the manner prescribed by the Regulations on the Interdepartmental Commission.

10. The restructuring agreement should be provided simultaneously the following conditions:

a) a change in the currency of the loan (loan) with foreign currency to the Russian rubles at the rate not higher than the course of the relevant currency established by the Central Bank of the Russian Federation as of the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

b) setting the size of the lending rate not higher than 11.5 percent of the annual (for loans (loans) nominated in foreign currency) or not above the rate acting on the date of the conclusion of the restructuring agreement (for loans (loans) nominated in Russian rubles);

c) Reducing the monetary obligations of the borrower (solidarial debtors) in the amount of a no less limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document, due to the one-time forgiveness of the part of the loan amount (loan) and (or) changes in the loan currency (loan) with foreign Currencies on the Russian rubles at the rate below the course of the relevant currency established by the Central Bank of the Russian Federation at the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

d) the liberation of the borrower (solidarial debtors) from the payment of a penalty accrued under the terms of the loan agreement (loan agreement), with the exception of a penalty actually paid by the borrower (solidarial debtors) and (or) for the court decision on the legitimate force.

11. When concluding a restructuring agreement, a reduction in the deadlines of mortgage housing loans (loans) and (or) charges with the lender from the borrower (solidarial debtors) of the Commission for actions related to restructuring are allowed.

12. All calculations within the framework of the program are carried out in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation at the date of the conclusion of the restructuring agreement (for loans (loans) nominated in foreign currency). ".

Government of the Russian Federation

Decision

For further implementation

In a difficult financial situation

The Government of the Russian Federation decides:

1. To approve the accompanying changes that are made to the main conditions for the implementation of a program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, approved by the Decree of the Government of the Russian Federation of April 20, 2015 N "On the basic conditions for implementing a helping program of mortgage housing loans (loans) borrowers, which found themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company "Agency of Mortgage Housing Lending" (Meeting of the legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179 ; 2016, N 50, Art. 7089; 2017, N 8, Art. 1245).

2. Ministry of Construction and Housing and Communal Services of the Russian Federation:

until September 1, 2017, to create an interdepartmental commission on making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) The rights of the requirements for which mortgage agents are acquired and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), resulting from the restructuring of mortgage housing loans (loans) In accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, to approve the provision on the specified commission, the composition and procedure for its work;

to send the Joint-Stock Company "Agency of Mortgage Housing Lending" in accordance with the established procedure, cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-p as a contribution to the authorized capital of the joint stock company "Mortgage Housing Agency "On the purpose of compensation for damages (their parts), creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for mortgage housing loans (loans), the rights of claim for which acquired mortgage agents, and joint-stock companies "Mortgage Housing Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the program assistance to certain categories of borrowers by mortgage Listed loans (loans), which found themselves in a difficult financial situation.

3. Federal State Property Management Agency to ensure in the prescribed manner an increase in the authorized capital of the Joint-Stock Company Agency "Agency of Mortgage Housing Lending" by 2 billion rubles by placing additional shares and implement actions related to the acquisition of these shares and the rights of ownership of the Russian Federation, In accordance with the trilateral agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and Joint-Stock Company "Agency of Mortgage Housing Lending".

4. Recommend to the Joint-Stock Company "Agency of Mortgage Housing Lending" to an increase in the authorized capital in accordance with paragraph of the third paragraph 2 and paragraph 3 of this Resolution, send the own funds in the amount of no more than 500 million rubles for reimbursement of creditors (lenders) on mortgage housing loans ( Loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents, losses (their parts) arising from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and allow the use of funds received in accordance with paragraph 2 of this Resolution to reimburse the costs of the Joint Stock Company's "Agency of Mortgage Housing Lending", When implementing a program of assistance to individual categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, in accordance with this clause.

5. In the event that the applications of borrowers on the restructuring of mortgage housing loans (loans) were received before the entry into force of this resolution, but were not satisfied, damages (their parts) to creditors (lenders) on mortgage housing loans (loans), mortgage agents implementing Activities in accordance with the Federal Mortgage Securities Act, for mortgage housing loans (loans), the rights of the requirements for which mortgage agents and the Joint-Stock Company "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of claim for which Acquired by this society can be implemented in the event of a borrower's re-applying, subject to the main conditions for the implementation of a program for assistance to certain categories of mortgage-housing loans (loans) borrowers, which found themselves in a difficult financial situation, as amended by this Regulation.

Chairman of the government

Russian Federation

D.Medvedev

Approved

decree of Government

Russian Federation

Changes

Which are entered into the main terms of implementation

For mortgage housing loans (loans)

In a difficult financial situation

The main conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a difficult financial situation, shall be amended as follows:

"Approved

decree of Government

Russian Federation

(as amended by the Resolution

Government of the Russian Federation

Basic conditions

For mortgage housing loans (loans)

In a difficult financial situation

1. The main conditions for the implementation of a program of assistance to certain categories of borrowers for mortgage housing loans (loans), which found themselves in a difficult financial situation (hereinafter referred to as the program), determine the conditions for restructuring mortgage housing loans (loans) for certain categories of borrowers who found out in a complex financial situation, and Also, the conditions for compensation for creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the federal law "On mortgage securities", on mortgage housing loans (loans), the rights of the requirements for which mortgage agents and shareholders are acquired The Society "Mortgage Housing Lending Agency" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (their parts), which arose as a result of such restructuring (hereinafter referred to as the creditor, borrower, compensation, restructuring).

2. Reimbursement under the Program is carried out by one-time for mortgage housing loans (loans), restructured in accordance with this document, in accordance with the procedure established by the Joint-Stock Company "Mortgage Housing Lending Agency" published on its official website in the Internet information and telecommunications network.

3. The compensation is subject to losses (their part) of the lender for each mortgage housing loan (loan), restructured in accordance with this document, in the amount of which, as a result of restructuring in cases provided for by sub-clause "in" of paragraph 10 of this document, reduced the amount of cash obligations of the borrower under the loan agreement (loan agreement), but not more than the limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document.

4. Reimbursement under the program is carried out within the funds provided for the implementation of the Program.

5. Restructuring is carried out on the basis of a creditor decision on the restructuring application provided to the Borrower to the lender (hereinafter referred to as a statement on restructuring).

Restructuring can be carried out by concluding a creditor and borrower (solidarial debtors) Agreement on the change in the conditions of the previously concluded loan agreement (loan agreement), the conclusion of a new loan agreement (loan agreement) on the purpose of full repayment of debt on the restructured mortgage housing loan (loan), the conclusion of the settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan amount (loan), designed to conclude a restructuring agreement, but not more than 1500 thousand rubles, with the exception of the cases provided for in paragraph 7 of this document.

7. In accordance with the decision of the Interdepartmental Commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", in mortgage housing loans (loans), The requirements of which are acquired by mortgage agents, and the Joint-Stock Company "Agency of Mortgage Housing Lending" on mortgage housing loans (loans), the rights of which are acquired by this society, losses (parts of them), which arose as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter - the Interdepartmental Commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant address of the creditor in the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the Regulations on the interdepartmental Commission.

8. Unless otherwise provided by this document, as of the date of submission of a restructuring application, the following conditions must be followed simultaneously:

a) the borrower (solidarial debtors) is a citizen of the Russian Federation relating to one of the following categories:

citizens who have one or more minor children or are guardians (trustees) of one or more minor children;

citizens who are disabled or having children with disabilities;

citizens who are veterans of hostilities;

citizens, on the dependent of which are faces under the age of 24 years, who are students, students (cadets), graduate students, adjunctions, alternators, interns-interns, interns and studying for full-time learning;

b) a change in the financial situation of the borrower (solidarial debtors) - the average monthly cumulative income of the borrower's family (solidarial debtors), calculated in 3 months preceding the date of submission of a restructuring application, after deducting the size of the planned monthly loan payment (loan) calculated for the date preceding The date of submission of a restructuring application does not exceed each member of the borrower's family (solidarial debtor) of the double size of the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons live, the incomes of which were taken into account in the calculation. At the same time, the average monthly cumulative income of the borrower's family (solidarial debtors) in the settlement period is equal to the amount of average monthly income of the borrower (solidarial debtors) and members of his family, to which the borrower (solidarial debtor) and its minor children are for the purposes of this subparagraph) including under its care or guardianship, as well as the persons listed in paragraph Fifth subparagraph "A" of this paragraph, and the size of the planned monthly loan payment (loan) designed for the date preceding the date of submission of the application for restructuring increased not less than by 30 percent compared with the size of a planned monthly payment calculated on the date of concluding a loan agreement (loan agreement);

c) ensuring the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is the mortgage of the residential premises located in the Russian Federation, or the guarantee of the rights of the requirements for such a living space arising from the Treaty of Participation in the Share Construction, which meets the requirements of the Federal Law "On Participation in Shave construction of apartment buildings and other real estate objects and the amendments to some legislative acts of the Russian Federation "(hereinafter referred to as a contract of participation in shared construction);

d) the total area of \u200b\u200bresidential premises, including residential premises, the right of claim for which it follows from the Treaty of Participation in Share Construction, the mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (the loan agreement) does not exceed 45 square meters. meters - for premises with 1 residential room, 65 sq. M. meters - for room with 2 living rooms, 85 square meters. meters - for premises with 3 or more residential rooms;

e) a residential premises, including a residential premises, the right of claim to participate from the Treaty of Participation in Share Construction, a mortgage of which is to ensure the fulfillment of the obligations of the borrower under the loan agreement (a loan agreement) is (will be) the only housing of the pledger. At the same time, in the period, starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015, N "On the basic conditions for the implementation of a program for assistance to certain categories of borrowers on mortgage housing loans (loans), which found themselves in a complex financial situation, and an increase in the authorized capital Joint-Stock Company "Agency for Mortgage Housing Lending" on the date of submission by the Borrower Statement of Restructuring, allowed the aggregate share of the pledger and his family members in the right of ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subclause to members The family of the pledger includes the spouse (spouse) of the pledger and its minor children, including those under its care or trusteeship. Compliance with these conditions is confirmed by the borrower's application in a simple writing. Presentation of a borrower of information from a single state register of real estate is not required. Joint stock The "Agency of Mortgage Housing Lending" is inspected by a borrower of information provided in accordance with this sub-clause;

e) a loan agreement (loan agreement) was concluded at least 12 months before the date of submission of a borrower of the restructuring statement, except if the mortgage loan (loan) is provided on the purpose of full repayment of the mortgage housing debt (loan) granted than 12 months before the date of submission by the borrower of the restructuring statement.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the Interdepartmental Commission in the manner prescribed by the Regulations on the Interdepartmental Commission.

10. The restructuring agreement should be provided simultaneously the following conditions:

a) a change in the currency of the loan (loan) with foreign currency to the Russian rubles at the rate not higher than the course of the relevant currency established by the Central Bank of the Russian Federation as of the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

b) setting the size of the lending rate not higher than 11.5 percent of the annual (for loans (loans) nominated in foreign currency) or not above the rate acting on the date of the conclusion of the restructuring agreement (for loans (loans) nominated in Russian rubles);

c) Reducing the monetary obligations of the borrower (solidarial debtors) in the amount of a no less limit amount of reimbursement established by paragraph 6, taking into account paragraph 7 of this document, due to the one-time forgiveness of the part of the loan amount (loan) and (or) changes in the loan currency (loan) with foreign Currencies on the Russian rubles at the rate below the course of the relevant currency established by the Central Bank of the Russian Federation at the date of concluding a restructuring agreement (for loans (loans) nominated in foreign currency);

d) the liberation of the borrower (solidarial debtors) from the payment of a penalty accrued under the terms of the loan agreement (loan agreement), with the exception of a penalty actually paid by the borrower (solidarial debtors) and (or) for the court decision on the legitimate force.

11. When concluding a restructuring agreement, a reduction in the deadlines of mortgage housing loans (loans) and (or) charges with the lender from the borrower (solidarial debtors) of the Commission for actions related to restructuring are allowed.

12. All calculations within the framework of the program are carried out in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation at the date of the conclusion of the restructuring agreement (for loans (loans) nominated in foreign currency). ".


2021.
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