Our services. Basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation Resolution 373 of April 20 list of banks

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

Government Russian Federation

decides:

Approve the attached changes that are being made to the Decree of the Government of the Russian Federation dated April 20, 2015 N 373 “On the main conditions for the implementation of the assistance program separate categories mortgage borrowers housing loans(loans) found themselves in a difficult financial situation, and an increase in authorized capital open joint-stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, No. 17, Art. 2567; No. 30, Art. 4598).

Chairman of the Government
Russian Federation
D.Medvedev

Amendments to the Decree of the Government of the Russian Federation dated April 20, 2015 N 373

APPROVED
Government resolution
Russian Federation
dated December 7, 2015 N 1331

1. In the resolution:

a) in the name, paragraphs 2 and the word “open” in the corresponding case, delete;

b) add paragraph 3_1 with the following content:

"3_1. Allow the joint stock company "Agency for Housing Mortgage Lending":

use cash received in accordance with paragraph 2 of this resolution for the purpose of compensation for lost income or losses (part thereof) on mortgage housing loans (loans), the rights of claim for which have been acquired joint stock company"Agency for Housing Mortgage Lending" and the restructuring of which was carried out in accordance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) approved by this resolution (hereinafter referred to as the program);

place temporarily free funds received for the purpose of implementing the program in government securities(bonds federal loan) and (or) in bank deposits, the list of which is determined by the supervisory board of the joint stock company "Agency for Housing Mortgage Lending", and use the income received from their placement to finance the program and compensate for their operating expenses related to the implementation of the program, the list of which is determined by the supervisory board Joint Stock Company "Agency for Housing Mortgage Lending."

2. Set out the main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, as follows:

"APPROVED
Government resolution
Russian Federation
dated April 20, 2015 N 373
(as amended by the resolution
Government of the Russian Federation
dated December 7, 2015 N 1331)

Basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation

1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for the restructuring of housing mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the conditions for compensation to creditors (lenders) for housing mortgage loans (loans) and the joint stock company "Agency for Housing Mortgage Lending" for loans (loans), the rights of claim for which were acquired by this company, for lost income or losses (parts thereof) arising as a result carrying out such restructuring (hereinafter referred to as losses, creditor, borrower, compensation, restructuring).

2. The procedure for paying compensation is determined by the joint-stock company "Agency for Housing Mortgage Lending" and is published on its official website on the Internet information and telecommunications network.

3. The creditor's losses for each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "d" of paragraph 9 of this document, the amount is reduced monetary obligations borrower under a credit agreement (loan agreement), but not more than the maximum amount of compensation specified in paragraph 6 of this document.

4. Restructuring is carried out by decision of the creditor on the basis of an application for restructuring submitted by the borrower (at the same time joint and several debtors) to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out either by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded credit agreement (loan agreement), or by concluding a new credit agreement (loan agreement) for the purpose of full repayment debt on a restructured mortgage housing loan (loan) (hereinafter referred to as the restructuring agreement).

5. total amount compensation payments within the program at the expense of funds federal budget cannot exceed 4.5 billion rubles. This amount may be increased by the amount of the positive balance of income from the placement by the joint-stock company "Agency for Housing Mortgage Lending" of temporarily available funds in government securities (federal loan bonds) and (or) in bank deposits and incurred operating expenses associated with the implementation of the program.

6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 10 percent of the balance of the loan (loan) calculated as of the date of conclusion of the restructuring agreement, but not more than 600 thousand rubles.

7. The concluded credit agreement (loan agreement) as of the date of filing the restructuring application must simultaneously meet the following conditions:

a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens with one or more minor children;

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

citizens who are combat veterans;

citizens who are disabled or have disabled children;

b) change in the income of the borrower (joint and several debtors):

The average monthly income of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, decreased by at least 30 percent compared to the average monthly income of the borrower (joint and several debtors), calculated for 3 months preceding the date of conclusion of the loan agreement (agreement loan), or the amount of the planned monthly payment on the loan (loan), calculated as of the date of filing the application for restructuring (in ruble equivalent at the rate of the corresponding currency established Central Bank Russian Federation on the same date), increased by no less than 30 percent compared to the size of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement);

the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the planned monthly payment on the credit (loan), calculated as of the date of filing the application for restructuring, does not exceed for each family member of the borrower (joint and several debtor) twice the amount living wage established in the constituent entities of the Russian Federation in whose territory the persons whose income was taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (joint and several debtors) in billing period equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members, which for the purposes of this document include the spouse of the borrower (joint and several debtor) and minor children, including those under their guardianship or trusteeship;

c) security for the fulfillment of the borrower’s obligations under a credit agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim arising from an agreement for participation in shared construction, meeting the requirements of the Federal Law "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement equity participation);

d) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement):

By total area does not exceed: 45 sq. meters - for a room with 1 living room; 65 sq. meters - for a room with 2 living rooms; 85 sq. meters - for a room with 3 or more living rooms;

at the cost of 1 sq. meter of total area does not exceed by more than 60 percent the cost of 1 sq. meters of total area standard apartment for the primary or secondary housing market (respectively) in the subject of the Russian Federation in which the residential premises are located, determined according to data Federal service state statistics on the date of conclusion of the credit agreement (loan agreement);

e) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is security for the fulfillment of obligations under a credit agreement (loan agreement), is the only housing of the mortgagor. In this case, it is allowed to have a combined share of the mortgagor and his family members in the ownership of other Living spaces in an amount not exceeding 50 percent in each of such other residential premises;

f) the credit agreement (loan agreement) as of the date of filing the restructuring application must be valid for at least 12 months.

8. The requirements provided for in subparagraph “d” of paragraph 7 of this document are not imposed if the mortgagor has 3 or more minor children.

9. The restructuring agreement must provide for the following conditions:

a) change in the currency of the loan (loan) from foreign currency for rubles of the Russian Federation at a rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement - for credits (loans) issued in foreign currency;

b) establishing the lending rate for the entire term of the loan (loan) not higher than 12 percent per annum (for credits (loans) previously issued in foreign currency) or not higher than the rate in effect on the date of concluding the restructuring agreement - for loans (loans) , previously issued in rubles of the Russian Federation. An increase in the lending rate is possible only if the borrower violates the terms or conditions for concluding insurance contracts provided for loan agreement(loan agreement) concluded before the restructuring;

c) if the restructuring agreement establishes a period of assistance, the duration of which cannot exceed 18 months - a reduction in the monthly payment for the period of assistance by at least 50 percent of the amount of the planned payment calculated as of the date of conclusion of the restructuring agreement (in ruble equivalent at the exchange rate of the relevant currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement), at the expense of:

reducing the lending rate for the period of assistance in accordance with subparagraph “d” of this paragraph;

postponing to later periods the date of making payments to repay the amount of the loan (loan) and (or) interest accrued during the assistance period;

d) reduction of the monetary obligations of the borrower (joint and several debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6 of this document, due to:

changes in the currency of the loan (loan) from foreign currency to rubles of the Russian Federation at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement;

one-time forgiveness of part of the loan amount;

reduction of lending rates for the period of assistance specified in subparagraph “c” of this paragraph.

10. The amount of reduction in the monetary obligations of the borrower (joint and several debtors) (V) in the case provided for in paragraph four of subparagraph “d” of paragraph 9 of this document is calculated using the formula:

Where:

- the amount of interest accrued during the period of assistance;

n is the number of months of the borrower’s assistance period;

p - size interest rate established for a loan (loan) after the end of the assistance period in compliance with the requirements provided for in subparagraph “b” of paragraph 9 of this document;

- the interest rate established for the loan (loan) for the period of assistance.

11. When concluding a restructuring agreement, it is not allowed to reduce the terms of mortgage housing loans (loans).

During restructuring, the creditor is not allowed to charge the borrower (joint and several debtors) a commission for actions related to the restructuring."

Electronic document text
prepared by Kodeks JSC and verified against.

Welcome to the pages online magazine"Ipotekoved.RU". Today we will talk about what the mortgage borrower assistance program is and exactly how you can get help repaying your mortgage from the state in 2020.

Today you will learn:

— What is this assistance program for certain categories? mortgage borrowers?

— How to get help in repaying a mortgage from the state?

— Reviews of those who received government assistance in paying off their mortgage.

So, go ahead!

Mortgage has become one of the effective solution tools housing issue in Russia. Yes, it has a number of pros and cons, which we will consider in a separate post of our project, but this real opportunity, especially young families, to purchase housing.

With the onset of another economic crisis, the state had to provide support to mortgage borrowers who found themselves in a difficult financial situation. In April 2015, the corresponding 373 Decree of the Government of the Russian Federation dated April 20, 2015, signed by D.A. Medvedev. The operator for the implementation of this project was JSC Agency for Housing Mortgage Lending.

Initially, this resolution provided for the validity of the assistance program until the end of 2016, but changes and additions were repeatedly made to it. Today, according to latest changes 373 Government Decrees of November 24, 2016, assistance to mortgage borrowers (mortgage restructuring) valid until March 1, 2017(extended until May 31, 2017 by Decree of the Government of the Russian Federation dated 02/10/2017 No. 172, from 03/07/2017 the acceptance of new applications has been suspended due to the expenditure of funds under the program.

However, in July 2017, an additional 2 billion rubles were allocated from the government fund to resume the program. On August 11, 2017, new conditions for participation in the mortgage borrower assistance program were released - which you will learn about from this post) and are as follows:

The borrower's mortgage obligations to the bank are reduced in the amount of 20% to 30% of the balance (at the discretion of the lender's bank), but not more than RUB 1,500,000.
By agreement between the borrower and the bank, you can choose the format of assistance, namely, or use the entire amount of mortgage assistance to pay off the principal debt and thereby reduce monthly payment, or to reduce the monthly payment by 50% or more for up to 1.5 years.
Replacement foreign currency mortgage to the ruble. Moreover, the mortgage rate cannot be higher than 11.5% per annum. For a ruble mortgage, the rate is not higher than the current bank rate, except in cases provided for by the agreement mortgages, in case of violation of insurance rules.
Before September 1, a special interdepartmental commission must be created that will be able to increase the maximum payment under the program by 2 times and approve applications for participation if there are deviations from the basic conditions, but not more than in two points.

Example: If a family has a mortgage balance at the time of restructuring of 2 million rubles and, after checking AHML documents, the creditor bank decided to write off the debt in the amount of 20% of the balance of the principal debt, then with a mortgage of 12% per annum with a remaining term of 10 years, the payment will be reduced from the planned 28,694 rubles. per month up to 22955. Benefit 5739 rubles.

There is an opinion that very often banks refuse to carry out mortgage restructuring, but in fact this procedure is very beneficial for them because losses incurred by the bank (lost interest income) due to early repayment are compensated by the state.

Changes in the program for assistance to mortgage borrowers dated 02/10/2017 suggest that the maximum compensation of 30% of the balance (up to 1.5 million rubles) is compensated by the state only if there are two children in the family or you are disabled (disabled child), and combat veterans can also apply. With one child you can only claim 20%. Changes dated August 10, 2017 allow the maximum payment to be doubled by decision of a special interdepartmental commission. Also, the mortgage loan must be issued no earlier than 12 months before the date of filing the restructuring application.

Having analyzed the negative reviews about mortgage repayment with the help of the state, our experts came to the conclusion that most often the basis for refusal is inaccurate information provided by the borrower and lack of knowledge of the basic requirements and conditions of state support. Let's talk about them now.

Important point! Acceptance of documents under the Program has been suspended since December 2, 2018 and the program is no longer operational.

Who can receive support from the state

Government Decree No. 373, as amended on November 24, 2016, provides the following list of persons to whom the state can help pay mortgage payments:

Citizens of the Russian Federation with 1 or more minor children;
Guardians (trustees) of 1 or more minor children;
Participants in hostilities;
Disabled people or families with disabled children;
Citizens with dependent children under 24 years of age who are studying full-time at an educational institution.

Requirements for mortgage housing

To receive assistance from the state, the mortgaged apartment must meet these characteristics:

Should not exceed the total area for a one-room apartment - 45 sq.m., for an apartment with two rooms - 65 sq.m. and for three rubles or more - 85 sq.m.
Cost of 1 sq.m. the total housing area does not exceed 60% average cost typical apartment in your region on the date of conclusion of the loan agreement (according to the Federal State Statistics Service).
The residential premises must be the only one for the mortgage borrower. In this case, it is allowed to have a total ownership share of no more than 50% of all family members in one other residential premises. The availability of property is counted from 04/30/2015. Those. It will not be possible to quickly rewrite/donate “extra” real estate in order to become a participant.

Important point! The requirement for the total area of mortgage housing and the cost per square meter does not apply to families with 3 or more minor children. If you have more than 50% of the property in another home, then you will be denied the program, but you can transfer it to relatives and then everything will be ok. To do this quickly and without problems, we recommend signing up for free consultation to our lawyer (promotion until 12/31/2020) in a special form in the corner. From 08/11/2017 disputes over square meters and deviations under the program should be decided by a special interdepartmental commission, which will be created in September.

Requirements for mortgage borrowers

Russian citizenship
Your income is less than twice the cost of living where you live for each person in your household, subtracted from your monthly mortgage payment. Three complete last month. In this case, the mortgage payment must increase by at least 30% of the initial payment.

Those. this program Suitable only for foreign currency mortgages and those borrowers with a floating rate. For ordinary mortgage borrowers, it is impossible for the current payment to be 30% higher than the original payment. But when the interdepartmental commission starts working, it will be possible to submit an application there for consideration because Up to 2 deviations from the conditions are allowed. Deviation for increasing the monthly payment, among other things.

If you have a co-borrower in the mortgage and he has a registered share in the ownership of this apartment, then he is obliged to provide a full package of documents both for himself and for his family members.

Now answer these questions. If your answer is “NO” to one of them, then you will not be able to qualify for participation in the mortgage borrower support program in 2020.

Do you have minor children or are you a guardian (trustee) of such children?
Housing purchased with a mortgage in Russia?
Are all mortgage borrowers citizens of the Russian Federation?
After subtracting the mortgage payment, is the income for each member of your family less than twice the cost of living in your region?
Has your payment increased by 30% from the original schedule?
Is the mortgage issued for the purchase of finished housing or housing under construction?
The total housing area is less than 45 sq.m. for a one-room apartment, 65 sq.m. for two-room apartment and 85 sq.m. for three rubles and above (except for families with 3 or more children).
Cost of 1 sq.m. no more than 60% of the average cost per square meter in a typical apartment in your region?

If all your answers are “Yes,” then you will be able to receive support from the state in paying off mortgage loans.

How to get government support

Now you already know that you can count on support from the state in repaying your mortgage. Now all that remains is to find out how to get it.

First of all, you need to contact the bank where you received your mortgage. Almost all major banks participate in this mortgage assistance program. The full list can be downloaded.

As a rule, this issue is dealt with by the department for working with overdue debts. You just need to call your bank's contact center and find out where it is located.

The bank will give you a list of documents for state support on mortgage. A sample list is presented below:

An application form with a mandatory indication of the reason for providing you with assistance from the state (decrease in income, layoff, maternity leave, etc.).
Passports, birth certificates of minors of all family members.
Marriage certificate (if the marriage is registered).
Certificate of divorce, change of full name, parents and children, parental agreement on the child’s residence with one of the parents (if required).
A decision of the guardianship authorities or a court decision to establish guardianship (for guardians and trustees).
Combat Veteran Certificate (for veterans).
Documents on disability of the borrower or co-borrower or their children.
Birth certificate for dependent persons under 24 years of age.
Certificate of family composition to confirm the residence of a dependent under 24 years of age with the borrower/co-borrower.
Help from educational institution that a child under 24 years of age who is a dependent of the borrower/co-borrower is studying full-time.
Notice from the Pension Fund that a dependent person under 24 years of age does not have independent labor income.
Certified copy work book borrower/co-borrower.
Official certificate of employment (for military or law enforcement officers).
Certificate of registration of individual entrepreneurs (for individual entrepreneurs).
Order of the Ministry of Justice of Russia on appointment as a notary (for notaries).
Work record book and/or expired employment contract for the unemployed.
Document on registration with the employment service (for unemployed people).
Notice pension fund about the status of the personal account of the insured person (for everyone).
Certificate from the Federal Social Insurance Fund of the Russian Federation about income due to temporary disability, benefits and other payments.
Certificate of income in form 2 of personal income tax or in the form of a bank from all family members.
Bank certificate on the total family income (provided by the bank).
Tax returns, patents, etc.
Certificate of pension amount for pensioners.
Loan agreement
Mortgage note (if issued, it is in the bank).
Statement from borrowers about their availability real estate on Russian territory.
Equity participation agreement (for a mortgage on a new building).
Mortgage collateral valuation agreement.
Technical/cadastral passport for residential premises.
Mortgage payment schedule.

The list is quite impressive and will make you run a little, but it's worth it. The only point that is quite difficult is extracts from the Unified State Register of Real Estate. They cost money. One extract on property rights throughout Russia is 1,500 rubles per person and no one will return it to you if you refuse. Last time there were a lot of complaints about this. As of August 11, 2017, the requirement to have an extract from the Unified State Register has been cancelled. The bank has no right to demand it. AHML independently requests it.

After full list documents have been submitted to the bank, the responsible employee must send them to AHML for verification. On average, it lasts 30 days, but feedback from participants indicates that it can last up to six months. The bank and AHML request additional documents at their discretion.

When AHML makes a positive decision, the bank will notify you of the date of the meeting. Next, you will need to sign a new payment schedule, a new PSK document, enter into a restructuring agreement (additional agreement to the mortgage agreement), and an agreement on changes to the terms of the mortgage. Next, you will need to wait from 2 to 4 weeks, when the mortgage will be requested from the bank’s archives. After this it is necessary along with the complete package loan documents and an agreement on changes to the terms of the mortgage (be sure to make copies) visit the justice department for state registration of changes.

The process is similar at Gazprombank. VTB 24 closes the mortgage and issues new loan for a smaller amount, which means that you again have insurance and appraisal costs.

There is no charge for mortgage restructuring. Carrying out this procedure does not relieve you from paying the monthly payment and insurance premiums stipulated by the contract.

Priority measures to ensure sustainable development economy and social stability in 2015, approved by order of the Government of the Russian Federation dated January 27, 2015 N 98-r, the Government of the Russian Federation decides:

1. Approve the attached basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation.

2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation to send to the joint stock company "Agency for Housing Mortgage Lending" in the prescribed manner Federal budget funds in the amount of 4.5 billion rubles, provided for in the Federal Law "On the Federal Budget for 2015 and for the planning period of 2016 and 2017", as a contribution to the authorized capital of the joint stock company "Agency for Housing Mortgage Lending" for the implementation assistance programs for certain categories of borrowers for residential mortgage loans (loans) who find themselves in a difficult financial situation.

3. Federal Agency for Management state property ensure, in accordance with the established procedure, an increase in the authorized capital of the joint stock company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of ownership 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 for the management of state property and the joint-stock company "Agency for Housing Mortgage Lending".

3(1). Allow the joint stock company "Housing Mortgage Lending Agency" to:

Use funds received in accordance with paragraph 2 of this resolution for the purpose of compensating lost income or losses (part thereof) to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities" securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "House Mortgage Lending Agency" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, if the specified mortgage housing loans (loans) were restructured in accordance with the basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) approved by this resolution (hereinafter referred to as the program);

Place temporarily available funds received for the purpose of implementing the program in accordance with the legislation of the Russian Federation and use the income received from their placement to finance the program and compensate for its operating expenses associated with the implementation of the program, the list of which is determined by the supervisory board of the joint-stock company "Housing Mortgage Agency" lending".

4. Lost power. - Government of the Russian Federation dated November 24, 2016 N 1231.

Chairman of the Government

Russian Federation

D.MEDVEDEV

Basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation

Approved

Government resolution

Russian Federation

BASIC TERMS

FOR HOUSING MORTGAGE LOANS (LOANS) PROVIDED

IN A DIFFICULT FINANCIAL SITUATION

1. (hereinafter referred to as the program), determine the conditions for the restructuring of housing mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, as well as the conditions for compensation to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in in accordance with the Federal Law "On Mortgage Securities", for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "DOM.RF" for housing mortgage loans (loans), the rights of claim for which were acquired by this company , losses (parts thereof) arising as a result of such restructuring (hereinafter referred to as creditor, borrower, compensation, restructuring, respectively).

2. Reimbursement under the program is carried out one-time for mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the joint-stock company "DOM.RF", published on its official website on the information and telecommunications network "Internet", with subject to the provisions of paragraph 5(1) of this document.

3. Losses (part thereof) of the creditor for each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the credit agreement (loan agreement), but not more than the maximum amount of compensation established by clause 6 taking into account clause 7 of this document.

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

5. Restructuring is carried out on the basis of the creditor’s decision on the application for restructuring submitted by the borrower to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded credit agreement (loan agreement), concluding a new credit agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan (loan), concluding a 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.

5(1). If the procedure established by the joint-stock company "DOM.RF", specified in paragraph 2 of this document, provides for the submission by the creditor to the joint-stock company "DOM.RF" of an application for compensation of losses (part thereof) arising as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program, and documents confirming compliance with the conditions provided for in paragraph 8 of this document, such applications and documents can be considered and a decision on them can be made by the joint-stock company "DOM.RF" only if they are received by the joint-stock company "DOM" .RF" no later than October 31, 2019.

6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan (loan) calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for 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) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities” for residential mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint stock company "DOM.RF" for mortgage housing loans (loans), rights of claim for which were acquired by this company, losses (part of them) arising as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) based on the corresponding application of the creditor to the interdepartmental commission can be increased, but not 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 filing the restructuring application, the following conditions must be simultaneously met:

A) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging 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 have disabled children;

Citizens who are combat veterans;

Citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;

B) change in the financial situation of the borrower (joint and several debtors) - the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated for the date preceding date of filing the application for restructuring, does not exceed for each family member of the borrower (joint and several debtor) twice the minimum subsistence level established in the constituent entities of the Russian Federation in whose territory the persons whose income was taken into account in the calculation live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family, which for the purposes of this subclause includes the spouse of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, has increased by no less than by 30 percent compared to the amount of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement);

C) securing the fulfillment of the borrower's obligations under a credit agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to such residential premises arising from an agreement for participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared Construction" construction apartment buildings and other real estate and on making changes to some legislative acts Russian Federation" (hereinafter referred to as the agreement for participation in shared construction);

D) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), does not exceed 45 square meters. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;

E) residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), is (will be) the only housing of the mortgagor. 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 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized of the capital of the joint-stock company "DOM.RF" on the date the borrower submits an application for restructuring, the aggregate share of the mortgagor and his family members in the ownership of no more than 1 other residential premises is allowed in the amount of no more than 50 percent. For the purposes of this subclause, to family members The mortgagor includes the spouse of the mortgagor and his minor children, including those under his guardianship or trusteeship. Compliance with these conditions is confirmed by the borrower’s application in simple written form. Submission by the borrower of information from the Unified state register no real estate required. Joint Stock Company "DOM.RF" checks the information provided by the borrower in accordance with this subclause;

E) the credit agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, except for cases where the mortgage loan (loan) was provided for the purpose of full repayment of debt on a housing mortgage loan (loan) provided at least than 12 months before the date the borrower submits the restructuring application.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, 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 must simultaneously provide for the following conditions:

A) changing the currency of the credit (loan) from foreign currency to Russian rubles at a rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

B) establishing the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of concluding the restructuring agreement (for credits (loans) denominated in Russian rubles);

C) reduction of the monetary obligations of the borrower (joint and several debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6 taking into account paragraph 7 of this document, due to a one-time forgiveness of part of the credit (loan) amount and (or) changing the currency of the credit (loan) from a foreign one currencies for Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

D) exemption of the borrower (joint and several debtors) from payment of the penalty accrued under the terms of the credit agreement (loan agreement), with the exception of the penalty actually paid by the borrower (joint and several debtors) and (or) collected on the basis of the entered into legal force court decisions.

11. When concluding a restructuring agreement, it is not allowed to reduce the terms of mortgage housing loans (loans) and (or) charge the creditor from the borrower (joint and several debtors) of a commission for actions related to the restructuring.

12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).

In order to implement the plan of priority measures to ensure sustainable economic development and social stability in 2015, approved by Order of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:

2. The Ministry of Construction and Housing and Communal Services of the Russian Federation shall send to the Federal Agency for State Property Management, in the prescribed manner, federal budget funds in the amount of 4.5 billion rubles, provided for in the Federal Law "On the Federal Budget for 2015 and for the planning period 2016 and 2017 years", as a contribution to the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation.

3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of ownership rights to them Russian Federation.

4. Subparagraph “c” of paragraph 2 of the main conditions for the implementation of the program approved by this resolution comes into force on July 1, 2015.

Chairman of the Government of the Russian Federation

D. Medvedev

Basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation

1. Borrowers of a housing mortgage loan (loan) (hereinafter referred to as borrowers) are citizens, at least one of whom belongs to one of the following categories:

a) citizens of the Russian Federation who, as of January 1, 2015, in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation and (or) municipal legal acts, are participants in state or municipal improvement programs living conditions, other measures to improve living conditions and who took advantage of the right to receive social payments(subsidies) and other benefits for the acquisition (construction) of residential premises at the expense of the federal budget, the budget of a constituent entity of the Russian Federation and (or) the municipal budget using funds subject to restructuring mortgage loan(loan);

b) citizens of the Russian Federation with 2 or more minor children;

c) citizens of the Russian Federation who have 1 child or more, and the age of each spouse or one parent in a single-parent family does not exceed 35 years;

d) citizens of the Russian Federation who are combat veterans;

e) citizens of the Russian Federation who are disabled and (or) have disabled children;

f) citizens of the Russian Federation for whom, as of January 1, 2015, work in government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation or local government bodies is the main place of work and whose work experience is at least 1 year;

g) citizens of the Russian Federation for whom, as of January 1, 2015, work in state and municipal institutions that are scientific organizations or scientific service organizations, as scientists, specialists in a scientific organization or workers in the field of scientific services, as well as in state and municipal educational organizations, state and municipal institutions of health care, culture, social protection, employment, physical culture and sports is the main place of work and whose work experience is at least 1 year;

h) citizens of the Russian Federation for whom, as of January 1, 2015, work in city-forming organizations, including those that are part of the scientific and production complexes of science cities, regardless of the organizational and legal form of such organizations, is the main place of work and whose length of said work is at least 1 year;

i) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations of the military-industrial complex included in established by the Government of the Russian Federation in the consolidated register of organizations of the military-industrial complex, regardless of the organizational and legal form of such organizations is the main place of work and the work experience of which is at least 1 year;

j) citizens of the Russian Federation for whom, as of January 1, 2015, work in scientific organizations that have been assigned the status of state scientific centers by the Government of the Russian Federation, regardless of the organizational and legal form of such organizations, is the main place of work and whose work experience is not less than 1 year;

k) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations created state academies sciences (except for organizations social sphere), is the main place of work and the work experience of which is at least 1 year;

m) citizens of the Russian Federation for whom, as of January 1, 2015, work in government unitary enterprises, which are scientific organizations or scientific service organizations carrying out scientific, scientific and technical, innovative activity, experimental development, testing, training in priority areas of development of science, technology and technology in the Russian Federation, approved by Decree of the President of the Russian Federation of July 7, 2011 N899 "On approval of priority areas for the development of science, technology and technology in the Russian Federation and the list of critical technologies of the Russian Federation" is the main place of work and the work experience of which is at least 1 year;

m) citizens of the Russian Federation for whom, as of January 1, 2015, work in organizations participating in the development programs of pilot innovative territorial clusters implemented in the territories of the constituent entities of the Russian Federation according to the list in accordance with the appendix to the Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation Federation for the implementation of activities provided for by the programs for the development of pilot innovative territorial clusters, approved by Decree of the Government of the Russian Federation of March 6, 2013 N188 "On approval of the Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the implementation of activities provided for by the development programs of pilot innovative territorial clusters" is the main place of work and the work experience of which is at least 1 year.

2. In order to implement the borrower assistance program, the following requirements are established for borrowers:

a) the borrower documents the decrease in the average monthly income of the borrower and his family members, which include the borrower’s spouse and minor children, for the last 3 months before the date of filing the application for restructuring of the housing mortgage loan (loan) (hereinafter referred to as the application for restructuring), living together with the borrower, by more than 30 percent compared to the monthly average for the last 12 months before the date of filing the application for restructuring, the total income of these persons, or an increase by more than 30 percent in the currency of the Russian Federation of the monthly payment on a housing mortgage loan (loan) on the date applying for restructuring compared to the monthly payment in September 2014;

b) on the date the borrower applies to the creditor (lender) with an application for restructuring, the total income specified in subparagraph “a” of this paragraph (minus the mortgage loan payment), divided by the number of persons specified in subparagraph “a” of this paragraph, is less than one and a half times the cost of living established in the constituent entity of the Russian Federation in whose territory the borrower lives;

c) there is no information about the court recognizing the application to declare the borrower (mortgagor) bankrupt as justified and introducing a procedure for restructuring its debts.

3. In order to implement the borrower assistance program, the following requirements are established for the subject of the mortgage:

a) the subject of the mortgage is located on the territory of the Russian Federation;

b) the subject of the mortgage belongs to one of the following categories:

residential premises purchased for the residence of the borrower and the borrower's family members specified in subparagraph "a" of paragraph 2 of this document. If the subject of the mortgage is a residential premises, the total share of the borrower and his family members specified in subparagraph “a” of paragraph 2 of this document, the mortgagor and his family members, which include the mortgagor’s spouse and minor children living together with the mortgagor , in the ownership of other residential premises is no more than 50 percent in each of the residential premises in the ownership of which the specified persons have a share. This requirement must be met as of the date the borrower approaches the creditor (lender) with an application for restructuring, as well as during the period of assistance specified in subparagraph “c” of paragraph 6 of this document;

the right of claim of a participant in shared construction arising from an agreement for participation in shared construction that meets the requirements Federal Law"On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation." If the subject of the mortgage is the right of claim of a participant in shared construction, the mortgagor and family members of the mortgagor, which include the spouse of the mortgagor and minor children living together with the mortgagor, live (registered) in residential premises, the share of the area of which is for each resident citizen does not exceed 18 square meters. meters. This requirement must be met as of the date of filing the restructuring application and as of January 1, 2015;

c) the total area of the residential premises that are the subject of a mortgage, or the residential premises that are the subject of an agreement for participation in shared construction, if the subject of the mortgage is the right of claim under such an agreement (with the exception of technical and auxiliary premises, such as a garage, boiler room (boiler room), cold (summer) veranda (terrace), basement) per person living in it (if the subject of the mortgage is the right of claim under an agreement for participation in shared construction - for each of the mortgagor’s family members who will live in the residential premises), not must exceed:

in apartments:

50 sq. meters - for those living alone;

35 sq. meters - for 2 people;

30 sq. meters - for 3 or more people, but not more than 100 sq. meters;

in residential buildings:

70 sq. meters - for those living alone;

60 sq. meters - for 2 people;

50 sq. meters - for 3 or more people, but not more than 150 sq. meters;

d) cost of 1 sq. meter of total area of residential premises, calculated on the basis of an assessment by an independent appraiser made at the conclusion of an agreement on the provision of a mortgage loan (loan), and in the absence of such an assessment - on the basis of a mortgage agreement or an agreement for the purchase of residential premises, should not exceed by more than 60 percent average market value 1 sq. meters of the total area of residential premises in the constituent entity of the Russian Federation on whose territory the residential premises are located, according to the Federal State Statistics Service as of the date of drawing up the assessment report, and in its absence - on the date of concluding a mortgage agreement or an agreement for the purchase of residential premises;

e) the subject of the mortgage is not under arrest, there is no legal dispute regarding the ownership of it and there is no ban on registration actions.

4. For the purpose of its restructuring, a housing mortgage loan (loan) must meet the following requirements:

a) the purpose of providing a housing mortgage loan (loan) was participation in shared construction, acquisition or construction of a residential house or apartment, their major renovation or other inseparable improvement or refinancing of a residential mortgage loan (loan) provided for the specified purposes;

b) the delay in payments on the housing mortgage loan (loan) as of the date of filing the application for restructuring is no less than 30 and no more than 120 days;

5. Restructuring of mortgage housing loans (loans) is carried out if the borrower applies to the creditor (lender) with an application for restructuring.

6. The conditions for restructuring residential mortgage loans (loans) are:

a) the lender changes the currency of the credit agreement (loan agreement) to the currency of the Russian Federation at a rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of restructuring of the housing mortgage loan (loan) and published on the official website Central Bank the Russian Federation, if the original agreement used payments in a different currency;

b) the lender establishes an interest rate on a housing mortgage loan (loan) from the date of restructuring until the date of full repayment of the loan (loan) in the amount of no more than 12 percent per annum, but not higher than the interest rate on the restructured housing loan (loan) (if the restructured mortgage housing loan (loan) provided in rubles of the Russian Federation);

c) the lender reduces the borrower’s monthly payment on a housing mortgage loan (loan) for a period of 6 to 12 months (assistance period) in total by an amount that must be no less than the maximum amount of compensation specified in paragraph 8 of this document, or forgiveness of part of the principal debt for a housing mortgage loan (loan) when the currency of the credit agreement (loan agreement) is changed to the currency of the Russian Federation, if the original agreement used calculations in a different currency;

d) the lender grants the borrower the right not to make payments to repay the principal debt on a housing mortgage loan (loan) for the duration of the assistance period. In this case, the corresponding scheduled payments are postponed to later periods, including in the event of an increase in the repayment period of the mortgage loan;

e) failure by the lender to charge the borrower commissions for the actions provided for in this paragraph related to the restructuring of the housing mortgage loan (loan).

7. Open joint-stock company "Agency for Housing Mortgage Lending" or established by it non-profit organization reimburse creditors (lenders) for part of the lost income on housing mortgage loans (loans), the restructuring of which was carried out on the terms provided for in this document, during the period of assistance in the amount of up to 50 percent of the amount of the borrower's monthly payments for the period established before the restructuring of the housing mortgage loan (loan) assistance or up to 50 percent of the loss when changing the currency of the credit agreement (loan agreement) to the currency of the Russian Federation, if the original agreement used calculations in a different currency.

8. The maximum amount of compensation for each mortgage housing loan (loan) for part of lost income or loss is 200 thousand rubles.

9. The procedure for paying the specified compensation to creditors (lenders) for part of the lost income or part of the loss is determined by the open joint-stock company "Agency for Housing Mortgage Lending" and is published on its official website on the Internet information and telecommunications network.

Part of the mortgage debt will be forgiven for those citizens whose income has decreased by a third - borrowers who find themselves in a difficult financial situation will be able to receive assistance from the state in accordance with the Decree of the Government of the Russian Federation of April 20, 2015.

A list of such borrowers was approved, they include the following categories of citizens:

combat veterans

citizens who have 2 or more dependent minor children

disabled people

municipal and government agencies healthcare, culture, employment, social protection, physical education and sports, scientific organizations, employees of the military-industrial complex

Resolution No. 373 of April 20, 2015 provides for debt restructuring for such Russians based on an application if their income has decreased by 30% or more. The resolution provides for certain conditions for the mortgaged object (its location, area, cost), as well as for the loan itself, more precisely, for its purposes (major repairs, purchase of housing, participation in shared construction, etc.). As of the date of application, payments must be overdue for at least 30 and no more than 120 days, and the loan itself must have been issued no later than January 1, 2015.

During the assistance period (12 months), the borrower's payments will be reduced, part of the principal debt will be forgiven, the terms of the loan will be changed, the interest rate will be set at no higher than 12% per annum

The creditor, in turn, has the right to compensation for part of the lost income (the maximum amount of compensation is 200 thousand rubles). The authorized capital of OJSC AHML as part of the program was increased by 4.5 billion rubles.

Information about changes:

By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, changes were made to the name

Decree of the Government of the Russian Federation of April 20, 2015 N 373
"On the main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and increasing the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending"

With changes and additions from:

Information about changes:

By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, paragraph 2 was amended

2. The Ministry of Construction and Housing and Communal Services of the Russian Federation shall send to the joint stock company "Agency for Housing Mortgage Lending" in the prescribed manner federal budget funds in the amount of 4.5 billion rubles, provided for in the Federal Law "On the Federal Budget for 2015 and for the Planned period 2016 and 2017", as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program to assist certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation.

Information about changes:

By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, paragraph 3 was amended

3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of ownership rights to them of the Russian Federation, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the joint-stock company "Agency for Housing Mortgage Lending".

Information about changes:

By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, the resolution was supplemented with clause 3.1

3.1. Allow the joint stock company "Agency for Housing Mortgage Lending" to:

use funds received in accordance with paragraph 2 of this resolution for the purpose of compensation for lost income or losses (part thereof) on mortgage housing loans (loans), the rights of claim for which were acquired by the joint-stock company "Agency for Housing Mortgage Lending" and the restructuring of which was carried out in accordance with the basic conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program);
place temporarily free funds received for the purpose of implementing the program in government securities (federal loan bonds) and (or) in bank deposits, the list of which is determined by the supervisory board of the joint stock company "Agency for Housing Mortgage Lending", and use the proceeds from their placement income to finance the program and compensation for its operating expenses associated with the implementation of the program, the list of which is determined by the supervisory board of the joint-stock company "Agency for Housing Mortgage Lending".

4. Subparagraph “c” of paragraph 2 of the main conditions for the implementation of the program approved by this resolution comes into force on July 1, 2015.

The main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation:

3. The lender's losses for each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "d" of paragraph 9 of this document, the amount of the borrower's monetary obligations on the loan is reduced agreement (loan agreement), but not more than the maximum amount of compensation specified in paragraph 6 of this document.

Restructuring can be carried out both by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded credit agreement (loan agreement), and by concluding a new credit agreement (loan agreement) for the purpose of full repayment of the debt on the restructured mortgage loan (loan) (hereinafter referred to as the restructuring agreement).

5. The total amount of compensation payments under the program from the federal budget cannot exceed 4.5 billion rubles. This amount may be increased by the amount of the positive balance of income from the placement by the joint-stock company "Agency for Housing Mortgage Lending" of temporarily available funds in government securities (federal loan bonds) and (or) in bank deposits and incurred operating expenses associated with the implementation of the program.

7. The concluded credit agreement (loan agreement) as of the date of filing the restructuring application must simultaneously meet the following conditions:

a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens with one or more minor children;

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

citizens who are combat veterans;

citizens who are disabled or have disabled children;

b) change in the income of the borrower (joint and several debtors):

The average monthly income of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, decreased by at least 30 percent compared to the average monthly income of the borrower (joint and several debtors), calculated for 3 months preceding the date of conclusion of the loan agreement (agreement loan), or the amount of the planned monthly payment on the loan (loan), calculated on the date of filing the application for restructuring (in ruble equivalent at the rate of the relevant currency established by the Central Bank of the Russian Federation on the same date), increased by at least 30 percent compared with the amount of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement);

the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the planned monthly payment on the credit (loan), calculated as of the date of filing the application for restructuring, does not exceed for each family member of the borrower (joint and several debtor) twice the minimum subsistence level established in the constituent entities of the Russian Federation in whose territory the persons whose income was taken into account in the calculation live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family, which for the purposes of this document includes the spouse of the borrower (joint and several debtor) and minor children, including including those under their guardianship or trusteeship;

c) security for the fulfillment of the borrower’s obligations under a credit agreement (loan agreement) is a mortgage of residential premises located on the territory of the Russian Federation, or a pledge of rights of claim arising from an agreement for participation in shared construction that meets the requirements of the Federal Law “On Participation in Shared Construction of Apartment Buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the equity participation agreement);

the total area does not exceed: 45 sq. meters - for a room with 1 living room; 65 sq. meters - for a room with 2 living rooms; 85 sq. meters - for a room with 3 or more living rooms;

at the cost of 1 sq. meter of total area does not exceed by more than 60 percent the cost of 1 sq. meters of the total area of a typical apartment for the primary or secondary housing market (respectively) in the subject of the Russian Federation in which the residential premises are located, determined according to the Federal State Statistics Service as of the date of conclusion of the credit agreement (loan agreement);

e) residential premises, including residential premises, the right of claim to which arises from an equity participation agreement, the mortgage of which is security for the fulfillment of obligations under a credit agreement (loan agreement), is the only housing of the mortgagor. In this case, it is allowed to have a total share of the mortgagor and his family members in the ownership of other residential premises in the amount of no more than 50 percent in each of such other residential premises;

f) the credit agreement (loan agreement) as of the date of filing the restructuring application must be valid for at least 12 months.

8. The requirements provided for in subparagraph “d” of paragraph 7 of this document are not imposed if the mortgagor has 3 or more minor children.

9. The restructuring agreement must provide for the following conditions:

a) changing the currency of the credit (loan) from foreign currency to rubles of the Russian Federation at a rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement - for credits (loans) issued in foreign currency;

b) establishing the lending rate for the entire term of the loan (loan) not higher than 12 percent per annum (for credits (loans) previously issued in foreign currency) or not higher than the rate in effect on the date of concluding the restructuring agreement - for loans (loans) , previously issued in rubles of the Russian Federation. An increase in the lending rate is possible only if the borrower violates the terms or conditions for concluding insurance contracts provided for in the credit agreement (loan agreement) concluded before the restructuring;

reducing the lending rate for the period of assistance in accordance with subparagraph “d” of this paragraph;

postponing to later periods the date of making payments to repay the amount of the loan (loan) and (or) interest accrued during the assistance period;

changes in the currency of the loan (loan) from foreign currency to rubles of the Russian Federation at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement;

one-time forgiveness of part of the loan amount;

reduction of lending rates for the period of assistance specified in subparagraph “c” of this paragraph.

Where:

The amount of interest accrued during the assistance period;

n is the number of months of the borrower’s assistance period;

p - the amount of the interest rate established for the loan (loan) after the end of the assistance period in compliance with the requirements provided for in subparagraph "b" of paragraph 9 of this document;

Pi is the interest rate established for the loan (loan) for the period of assistance.

11. When concluding a restructuring agreement, it is not allowed to reduce the terms of mortgage housing loans (loans).

During restructuring, the creditor is not allowed to charge the borrower (joint and several debtors) a commission for actions related to the restructuring."