01.11.2019

Maternal mortgage repayment. Documents and conditions for the repayment of a mortgage by maternity capital. List of documents to be submitted to the FIU


What are the documents for mortgage repayment maternity capital in 2018 must be submitted to the territorial office of the Pension Fund. It is no secret that a family that has taken out a mortgage loan and received a certificate for maternity capital can repay its debt to the bank or part of it with maternity capital. We will talk about documents for repaying a mortgage with maternity capital in the article.

Matcap capabilities increased

In 2018, unlike the previous year, the number options spending has increased. Now maternity capital can be spent on the following purposes (part 3 of article 7 federal law dated December 29, 2006 No. 256-FZ, Art. 2, 4 of the Federal Law of July 28, 2010 No. 241-FZ):

  • improvement living conditions(including redemption mortgage loans and loans);
  • children's education;
  • increase in the funded part of the pension;
  • purchase of goods and services for the social adaptation of a disabled child;
  • monthly cash payments for low-income families;
  • keeping a child in a nursery or kindergarten.

For more information about the possible directions for spending mother capital, see "".

In order to use public money, it is necessary to collect the appropriate set of documents. What documents are needed for the Pension Fund to pay off the mortgage? Let's talk about this in detail.

Since January 1, 2007, the country has been working Government program assistance to families with children - maternal (family) capital. Math capital is a measure state support families in which a second or subsequent child was born (adopted). Within the framework of this program, the state allocates funds to the family for certain targeted expenses, for example, for improving housing conditions or educating children.

Before you start talking about what documents are needed to repay the mortgage with maternity capital in 2018, you need to remember the need to issue a certificate for mother capital. Without this document, no further action to obtain Money from the FIU are not possible. The issuance of a certificate is the first necessary step in obtaining funding. Only after the certificate is issued, will the documents required to repay the mortgage with maternity capital 2018 be required.

We extinguish the mortgage with matcap

Maternity capital funds can be used to improve housing conditions, including (clauses 2, 3, 15 of the Rules, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862, part 1 of article 10 of the Federal Law of December 29, 2006 No. 256- FZ):

  • acquisition or construction of housing through transactions;
  • construction and reconstruction of housing on their own, including with the involvement of contractors;
  • for the payment of a down payment upon receipt of a credit (loan) for the purpose of acquiring (construction) housing;
  • repayment of the principal debt and payment of interest on credits and loans taken for the purchase or construction of housing;
  • repayment of principal and interest on credits and loans taken for the purpose of repayment of a previously received credit or loan for the purchase (construction) of housing.

To use maternity capital to pay off a mortgage in Pension Fund submit documents (clause 13 of the Rules, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862):

  • a contract for the sale of a home or equity participation in construction with a mark of state registration;
  • passport of the spouse of the certificate holder and marriage certificate (if the spouse is indicated in the contract for the purchase of housing);
  • loan agreement (loan agreement) for the purchase (construction) of housing;
  • a mortgage agreement that has passed state registration (if the loan agreement (loan agreement) provides for its conclusion);
  • an extract from the Unified State Register of Real Estate with information on the ownership of housing purchased or built using credit (borrowed) funds;
  • a document confirming the non-cash transfer of money under a loan agreement to a bank account;
  • a notarized written obligation of the person (persons) in whose ownership it is issued living quarters, arrange living quarters in a common fractional ownership with spouse and children;
  • a copy of the building permit;
  • certificate of the creditor on the size of the balance of the principal debt and debt on interest for the use of the credit (loan) or certificate of the person selling the residential premises under the contract of sale with installment payment, on the size of the remaining unpaid amount under the contract;
  • a previously concluded loan agreement (loan agreement) for the purchase (construction) of housing - in the case of the allocation of maternity capital funds to repay the principal debt and pay interest on loans and borrowings;
  • an extract from the register of members of the cooperative (a document confirming the submission of an application for admission to membership of the cooperative, or a decision on admission to membership in the cooperative) - if you purchase housing in a cooperative.

It is these documents that must be submitted to the Pension Fund in order to repay a mortgage in a bank in the general case.

To date, many families throughout Russia have not only received a certificate for maternity capital, but have also taken advantage of it. In particular, over the 11 years of the program's existence, 4.7 million people have improved their living conditions by receiving maternity capital for a second child. In turn, 410,000 people channeled maternity capital into the education of their children.

Repaying a mortgage with maternity capital is beneficial for families with children. Legislation defines the possibility of using state aid families to buy an apartment or build a house.

Using a mortgage or Housing loan, families have the opportunity to direct finances for its full or partial repayment. This procedure has certain nuances.

How to pay off a mortgage with maternity capital

This can be done in different ways:

  • pay an initial fee pledge or loan;
  • pay off interest on a home loan;
  • pay the loan in part (mortgage is issued on full cost living area).
Important! Banks that provide secured loans are required to accept MC funds as mortgage repayment.

Usually, they cover from 10 to 40% of the debt (depending on the price of living space).

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Requirements and payment procedure


The conditions for repaying a mortgage by using the funds of the MK" include:

  • the focus of the loan is to improve the condition of housing in families;
  • location of residential premises - the territory of the Russian Federation;
  • the right to be borrowers belongs to both the wife and the husband, if the marriage is officially registered;
  • registration of the acquired apartment or house in joint property because government assistance is common property families;
  • the proportion of children is determined by the parents;
  • parts of the apartment, issued for minors, are approved by a notary.

This step will get rid of possible problems when selling premises purchased using family capital.

Mortgage repayment procedure in 2019

To solve this problem, you first need to go through a number of stages, namely:

  1. In agreement with the bank, the client receives a housing loan for the full amount, the apartment is registered as a property.
  2. The credit institution transfers finances to the seller, the client with him - in full settlement. The bank takes the apartment on bail.
  3. The credit institution is informed about the client's intention to repay the mortgage with maternity capital.
  4. The bank provides information on the balance sum of money and percentage, in addition, an act establishing the rights to the purchased apartment, which is in a mortgage

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Required documents

The owner of the certificate submits an application of a certain form to the local branch of the Pension Fund for the disposal of state aid.

In addition to the application, you will need:

  • certificate;
  • loan agreement;
  • data from the bank on the balance of the debt;
  • applicant's identity card (mother, father or guardian). At the conclusion loan agreement the husband will need his documents and a marriage certificate;
  • official paper confirming the ownership of housing;
  • notarized commitment to common property for housing.
Important! The exact shares must be indicated within half a year from the beginning of the repayment of the pledge.


Other papers you may need:

  • power of attorney (if the transaction is made by a representative);
  • a court order depriving the rights of a parent and on their transfer to another citizen;
  • certificate of death of the owner of the certificate and transfer of rights to another person;
  • adoption documents.

The PF department issues a receipt for the acceptance of documents (with their list and time of acceptance).

Important! Approval will be required to transfer money from family equity to a mortgage account.

What to do after getting approval


Specialists are given one month to check the submitted documents. Any decision will be sent to the applicant in writing.

With the decision of the PF, you must contact the bank to notify your intentions. Most banks have set a specific time limit of 30 days for this.

Important! A positive decision will lead to the transfer of money by the Pension Fund to the bank account within two months.

After the bank receives the money, the borrower will be offered the option of interacting with him:

  • reduce the terms of the loan on collateral, monthly payments will be the same size;
  • keep the terms of payments with a decrease in the size of the regular payment;
  • repayment of a mortgage loan by maternity capital.

The first two options oblige the bank to provide a new monthly payment schedule.

In the latter situation, it is better for the client to demand a loan closing document in order to avoid possible claims from the financial institution.

Legality of refusal


If you refuse to provide maternity capital to pay the mortgage debt, you should find out why the PF did it. The applicant may appeal the decision to higher authorities or to the court.

The reasons for refusing to transfer family capital are as follows:

  • provided an incomplete list of securities or false information;
  • errors were made in the application;
  • the parent is deprived of the rights to children, which was the reason for the refusal;
  • the applicant has committed a criminal act against a child;
  • the competence of the guardian by the guardianship service is limited when using
  • family capital.
Attention! The period of work with citizens' appeals is 1 month. During this time, a response will come, canceling or approving the decision.

There are no other reasons to refuse the applicant's request by law.

Terms of use of funds


The certificate is valid for an unspecified time. This means that the amount due can be received at any time as needed.

In case of death or loss of a citizen's rights to assistance from the state, the second parent (guardian) or a child after the age of 23 is allowed to use the money.

Important! Early termination of the mortgage agreement entitles the borrower to recalculate and return insurance premiums that were paid for and not used.

It is possible to obtain a tax withholding of 13% of the amount of payments. Maternity capital is not used for reimbursement of penalties, penalties in relation to a mortgage loan.

Refund deadlines


Debtors can repay the money soon after the loan is issued. Bank operation will be treated as early repayment of the loan.

Attention! It should be remembered that family capital is not cashed out. To prevent penalties from the bank for such actions, the client must conclude an agreement and comply with obligations.

Some banks impose a ban on early repayment of mortgages by maternity capital for a certain period. Lending institutions have programs that provide for the refusal of early loan repayments in exchange for a reduction in interest on it.

Pay off part of the deposit earlier due date family capital provides for 2 options for recalculating contributions:

  1. Save the term of the loan by reducing the amount of monthly payments.
  2. Reduce the loan term, leaving the size of regular payments unchanged.

How to make a repayment

When applying for a mortgage, it is possible to use the capital as a down payment.

Initial fee


Not all banks provide this service.

In order to use the capital as a down payment, you should wait until the child is three years old.

In this situation, the amount of money must be full, if part of it was used, you can use the remainder as a repayment active loan. Availability stable income must be documented.

Important! Such loans are unprofitable for the borrower, since the rate is used with high interest, even with a small amount of credit for maximum period.

List of documents for the lender


For full or partial closing of a pledge in a bank, you will need the following package of documents:

  • passport;
  • certificate confirming the availability of capital;
  • loan application.

The main part of the debt


The method that includes the principal amount of the debt is used most often. It is the most beneficial for the certificate holder:

  • the principal debt is reduced;
  • interest is charged on the balance;
  • in general, the amount of overpayment will decrease.

Interest payment

In this situation, it is of great benefit financial institution receiving the interest that is due to her. In reality, borrowers use this scheme infrequently. They also have a certain benefit, they can pay off the main debt, regular payments are reduced. If you make a higher payment, the repayment period will be reduced.

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For a prompt resolution of your problem, we recommend contacting qualified lawyers of our site.

From 12.12.2007 Funds can be used to immediately buy real estate or purchase it on a housing (mortgage) loan.

When buying a home with a mortgage, maternity capital can be used either to pay the principal and interest. It is forbidden to use mother capital as monthly payments. The transfer of funds to the mortgage account must be one-time.

Ways to repay a mortgage with maternity capital

The holder of the funds can pay off the mortgage in several ways (you need to choose one of them):

  1. Use the money to pay the down payment on the mortgage. Not all banks agree to this.
  2. Pay off mortgage interest, including early. The bank must be notified in advance.
  3. Partial loan payment. Then it is necessary that the mortgage be issued for the full cost of housing;

But in practice, failures are possible, since most credit and financial organizations does not position its mortgage "products" as a public offer. This means that the bank itself has the right to choose to whom to give a mortgage, and to whom to refuse due to various circumstances.

Basic requirements and redemption procedure

The main condition for paying a mortgage is targeted money for something. Purchased housing must be located in Russia. If the prospective mortgage holder is married, then the spouse usually becomes a co-borrower, i.e. bears, along with the main borrower, equal rights and obligations to pay housing loan.

The purchased apartment must be purchased in common shared ownership. The obligation to distribute shares is made in writing even before the Pension Fund transfers the mother's capital to the bank.

After the full payment of the housing loan and the removal of encumbrances from housing. If this is not done, then the FIU has the right to go to court and challenge the payment to the bank. The obligation to share is submitted by a notary public. The mortgage holder bears the costs of notary fees.

In 2019, as before, you can apply with an application for the allocation of mother capital funds to a mortgage, having previously concluded an agreement with the bank.

The client must:

  1. Choose a property - it can be an apartment in a new building or in a secondary home; a room in a hostel or housing that is being built under a shared participation agreement or in a housing construction cooperative.
  2. The bank must approve the property. Prior to this, a qualified assessment of the object will be required. Usually it is performed by an organization to which the credit institution is loyal. But the borrower is not obliged to order an appraisal of the cost of housing from the very organization that the bank recommended to him. A similar condition applies to insurance. It is obligatory in almost all credit institutions and is carried out, like the assessment of housing, at the expense of the borrower.
  3. After the bank approves the property, the seller agrees to the sale and purchase transaction, which specifies the moment of transfer of funds.
  4. The borrower must draw up a loan and mortgage agreement, according to which the property is transferred to the bank as collateral. Prior to the transition to pledge, the bank has the right to require the client to provide other collateral.
  5. After signing contracts mortgage lending and purchase and sale transactions are registered in Rosreestr.
  6. Then the seller of housing receives funds to his account by bank transfer or from a bank cell.
  7. After settlement with the seller, the borrower must apply to the FIU.

The deadlines for applying to the FIU for directing capital funds to pay for a housing loan must be agreed in advance with the bank.

Contacting the Pension Fund

The application to the FIU must be submitted along with the rest of the documents. This can be done in person or through a legal representative. You also need to provide:

  • Passport or other document that certifies the identity of the applicant.
  • . If this has not been done, then it will first be necessary to obtain a certificate, which is also provided by the FIU.
  • Contract of mortgage and sale of housing (or projects certified by the bank, copies of contracts).
  • Letter from the bank about the amount of the debt.
  • Marriage certificate (if the applicant is legally married).
  • Birth certificates for all minors.
  • Documents of the guardian (adoptive parent).
  • A notarized commitment that the owner of the certificate will distribute housing in shares: between themselves, their spouse and children. The proportion of children is determined by the parents themselves.

If a legal representative applies to the FIU, then he must confirm his authority with a notarized power of attorney.

Review and approval

The term for consideration of documents in the FIU is no more than 1 month. The applicant is notified of the decision taken within a few working days. The decision of the court must be made in writing. If it is positive, then the PFR sends funds to the specified account of the manager of the funds of the capital, and the bank already accepts them as payment for part of the mortgage.

When funds are received by the bank, they can be directed to:

  • Paying the mortgage in full is relevant when the loan was issued before the birth of the 2nd or next child, or when the mortgage amount was initially small.
  • Reduce the amount of monthly payments (this is possible with annuity payments). The mortgage term will remain the same.
  • Reduce the loan payment term, while maintaining the size of the monthly amounts.

The bank must be notified in advance about the early repayment of the mortgage. After payment of part of the loan by the mother capital, the debtor receives a new monthly payment schedule agreed in advance with the credit institution.

Possibility of refusal

Pension Fund must accept the application with documents and issue an appropriate receipt to the applicant. Cancellation is possible in the following cases:

  • If not all the necessary documents are submitted, or their unreliability is established.
  • If the applicant was deprived legal law(parental rights) to communicate and raise a child. This is only possible in judicial order.
  • If the certificate was obtained illegally or when the purchased property violates the housing rights of children.

The refusal must be motivated and lawful. It can be challenged in court. To do this, you will need to file an administrative claim.

Refund

Upon early termination mortgage agreement using the funds of the mother's capital, the borrower has the right to demand to recalculate the cost of the mortgage and return the money spent on loan insurance. The maturity of the home loan itself depends on the specific program.

Sometimes banks prohibit early repayment of a loan, including with the help of maternity capital. In exchange, they offer to lower the interest rate. In order not to face such a surprise, you need to find out in advance the cost of the loan and the conditions for its provision. A citizen who has bought housing on a mortgage is also entitled to receive a tax deduction, but on the condition that he is a payer of personal income tax.

Documents to the bank

Scroll required documents depends on the specific mortgage program. Usually credit organizations require:

  1. borrower's passport;
  2. marriage certificate of the spouses;
  3. birth certificate of minor children;
  4. a certificate confirming the employment of the borrower and his length of service;
  5. income statement (2-NFDL) or in the form of a bank;
  6. title documents confirming the presence of valuable property or a passport of a reliable guarantor.

Directly signed at the bank sale and purchase agreement and mortgage transaction. The Bank has the right to offer the client individual terms of lending, which depends primarily on the solvency of the borrower.

When making a transaction in Rosreestr, you will need to pay state duty for a mortgage and registration of property rights (1 thousand rubles for registering a mortgage - clause 28, part 1, article 333.33 of the Tax Code of the Russian Federation; and 2 thousand rubles for registering property rights - clause 22, part 1, article 333.33 of the Tax Code of the Russian Federation) .

Nuances

You can use help from the state in order to pay the start-up fee with the capital only after the child is 3 years old. Without waiting for the child to be three years old, capital funds can be used to pay off debt, including overdue debt, and interest. It is forbidden to pay fines, forfeits, penalties with family capital.

The presence of maternity capital will still require significant funds from the spouses in order to continue paying the mortgage. often not enough to fully repay the loan. The bank will agree to approve the loan only if the borrower has a stable income.

If at the time of repayment of the housing loan the spouses divorced, then the share will still have to be allocated, especially if the former spouse continued to pay the combined mortgage. Such issues can be resolved in court.

To pay off a mortgage, a certain package of documents should be prepared, and they will be needed for both the bank and the pension fund.

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Consider what documents are needed to repay the mortgage with maternity capital.

Borrower's right

At the legislative level, citizens have the right to use maternity capital when buying a home.

This right, as well as the process itself, is regulated by 12.12.2007 No.

It is not necessary to invest money specifically in the purchase under a sales contract, it is allowed to use it for:

  • building;
  • buying a home with a mortgage.

This right is granted to a young family with more than two children in order to protect their rights. Therefore, the law establishes such an obligation to accept mortgage debt by maternity capital.

You can pay off your mortgage this way:

  1. Pay the down payment: not all credit organizations can use this option. Many banks believe that payment with maternity capital shows the insolvency of the borrower. However, it should be canceled that this is not particularly beneficial for the borrower himself, because the interest rate is high, even if the loan term is short.
  2. Pay off the bulk of your debt. This option is quite often used, and in principle is beneficial for borrowers, because in this case the amount of the principal debt becomes smaller, and therefore the bank's interest will be charged on the remaining amount of the debt. This means that the amount of the overpayment will be much less.
  3. Interest payment is not the most common option, because. it is more profitable for the bank, because it is this organization that will receive due percentage. However, you can find pluses for the borrower, this applies to cases where the mortgage will not be repaid ahead of schedule. When paying interest, the borrower will pay only the principal amount, which means that the monthly payment will be lower due to interest payments. However, it is also allowed to a large amount to pay off debt faster.

Conditions

Mortgage repayment terms are quite acceptable and executable.

The main ones are:

  • when buying a property, the borrower thereby strives;
  • housing must be purchased in the territory of the Russian Federation;
  • payment of the principal debt under an early mortgage agreement;
  • payment of the down payment;
  • payment of interest on a mortgage.

Not all banks use maternity capital to pay off mortgages, however, in such as, and all are created the necessary conditions to pay a mortgage loan in the above way.

Providing such an opportunity does not require additional investments and does not depend on the amount of purchase of housing.

Moreover, the certificate for receiving maternity capital does not have a specific validity period, and therefore can be used at any time.

However, if the borrower wishes to make a down payment with these funds, then this is possible only when the child reaches the age of three.

Documents for repaying a mortgage with maternity capital

to the main documents this case relate:

  1. Certificate for receiving maternity capital.
  2. Certificate of compulsory pension insurance.
  3. Passport of a citizen of the Russian Federation.
  4. Document from the place of registration.

What additional ones are needed?

Depending on the organization where you need to submit a package of documents, their list varies.

In more detail, about which documents are needed for the bank, and which for the Pension Fund, we will consider below.

To the bank

To close the mortgage agreement with maternity capital, you must provide the bank with:

  • passport of a citizen of the Russian Federation;
  • an application for early repayment of a mortgage agreement.

After submitting these documents, the bank employee will issue a certificate, which will reflect all the information about the mortgage agreement:

  • the amount of remaining payments;
  • the amount of interest.

In addition, upon closing the contract, the bank must issue title documents for the purchased housing, with which you then need to contact the Pension Fund at the place of registration.

To the pension fund

The Pension Fund must be contacted to obtain consent to the transfer of maternity capital to pay for the mortgage.

For this you will need the following documents:

  • passport of a citizen of the Russian Federation;
  • certificate for receiving maternity capital;
  • bank account details to which maternity capital funds in the amount of 20 thousand rubles will be transferred within 2 months. (from 05/02/2015, the Pension Fund accepts applications for the payment of 20 thousand rubles from maternity capital);
  • a document from a banking institution on the existence of debt obligations to pay for a mortgage agreement;
  • sale and purchase agreement for the sale of an apartment or other housing;
  • an application for the transfer of maternity capital funds to pay off a mortgage debt;
  • the obligation of the borrower, certified by a notary, to register the housing purchased under the mortgage agreement in shared ownership after the payment of mortgage debts.

If the PFR agreed to pay mortgage obligations at the expense of maternity capital, then this decision must be submitted to the bank.

After transferring funds to a bank account, a banking institution can offer the following options for further repayment of the mortgage:

  • reduction of the term of the mortgage agreement, however, the amount of the monthly payment will remain the same for the entire period;
  • reducing the amount of monthly payments while maintaining the term of the contract;
  • closing the contract, provided that the transferred amount of maternity capital fully repaid the remaining debt.

List

So, it is necessary to prepare the following documents for repaying the mortgage with maternity capital:

  • a document on the presence of debt under a mortgage agreement;
  • application for maternity capital;
  • certificate for receiving maternity capital;
  • the obligation of the borrower to register the apartment in shared ownership after payment of the mortgage loan.

Sample Application

Usage Statement material resources for payment of a mortgage agreement must include the following information:

  • FULL NAME. the applicant, his status and date of birth;
  • certificate number and by whom it was issued;
  • passport of a citizen of the Russian Federation;
  • the address of registration of the applicant;
  • date of birth of the child;
  • the amount of maternity capital funds that must be transferred to pay off debt under a mortgage agreement;
  • whether previously disposed of maternity capital;
  • whether the applicant was previously deprived of parental rights;
  • list of attached documents;
  • date of application;
  • applicant's signature.

Registration procedure

The procedure is as follows:

  1. First of all, it is necessary to notify the banking institution of the decision to pay the loan under the mortgage agreement with maternity capital.
  2. The bank must issue a certificate on the presence of debt at the time of its issuance and on interest under the contract, as well as title documents for mortgage housing.
  3. The next step is to apply to the Pension Fund of the Russian Federation to obtain consent to pay the debt with maternity capital. After checking all the documents, the borrower will be issued a receipt on the accepted documents.
  4. The decision must be made within one month from the date of submission of documents.
  5. When a positive decision is made, the amount of maternity capital is transferred to the bank account.
  6. If the Pension Fund made a decision not in favor of the borrower, it is necessary to study the reasons for such a refusal, and if you disagree with them, you can appeal the decision in court.
  7. After that, the borrower submits an application for early repayment of the mortgage agreement at the expense of maternity capital.

If the borrower decides to partially repay the debt, the bank issues a new mortgage payment schedule for the remaining amount of the debt.

Reasons for rejection

The borrower may be denied a request to repay the mortgage agreement with maternity capital in the following cases:

  • documents are not provided in full;
  • errors were made in the preparation of the application;
  • the applicant has committed a crime against a child;
  • deprivation of parental rights to a child whose birth led to a refusal to receive maternity capital.

This list cannot be changed or supplemented, because. is an imperative norm and is subject to obligatory execution.

So, repayment of debt obligations under a mortgage agreement is possible with maternity capital only in order to improve housing conditions.

There are several options for debt repayment, among which they have both advantages and disadvantages for both parties.

Repaying a mortgage with maternity capital is a profitable way for young families to quickly acquire a residential property. At the same time, in order to repay the mortgage with maternity capital, you need to follow a certain algorithm of actions and familiarize yourself with all the intricacies of this procedure. We will talk about this below.

The right to repay the mortgage with maternity capital

The legislator determined the possibility of using maternity capital to acquire ownership of residential premises. At the same time, money can be spent not only on the purchase of residential real estate, but also its construction or the purchase of housing through a mortgage loan.

It is important to emphasize that in order to protect the rights of families with two or more children, the law established the obligation of all banks that are engaged in mortgage lending to accept maternity capital as payment for a debt or part of it.

Mortgage repayment by maternity capital can be performed by one of the options:

  1. Payment of the down payment for mortgage loan This type of service is not provided by all credit institutions. Initially, banks were reluctant to accept maternity capital as a down payment, as it was believed that such borrowers were insolvent or unreliable. But now the biggest financial institutions make concessions to potential borrowers. However, it should be said that the conditions for such mortgage loans are not very favorable for the borrowers themselves. They are usually subject to higher interest rates with a relatively small maximum loan term;
  2. Payment of the principal amount of the debt (the value of the funds actually received). This option is used most often and, I must say, is beneficial for the borrower due to the fact that, as a result, the amount of the principal debt is reduced, and, therefore, interest will be charged on the remaining part of it, which will reduce the total amount of overpayment;
  3. Payment of interest on a loan. In practice, this scheme occurs infrequently and is beneficial for the most part to the bank, since the latter is guaranteed to receive part of the interest due to it. Although, there is some plus for the borrower, but only if he does not plan to repay the loan ahead of schedule. In this case, only the amount of the principal debt will remain to be repaid and, consequently, the monthly payment. Although, you can deposit a larger amount, thereby reducing the repayment period.

Documents to be submitted to the bank

In order to close part of the mortgage debt, or to repay the rest of the loan in full at the expense of maternity capital, you will need to contact the bank with the following set of documents:

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  1. Passport of a citizen of the Russian Federation or foreign citizen(entitled to receive it, in accordance with the law);
  2. Certificate for receiving family (otherwise maternity) capital;
  3. Statement of early repayment mortgage loan (a standard form is issued by the lending bank).

After providing all the necessary documents, a certificate will be issued containing information about your loan, namely: the remaining amount of the principal debt, as well as the amount of interest due to the bank. In addition, in the bank you can get title documents for the residential premises (certificate of ownership, contract for the sale of an apartment).

With the documents received, you must contact the Pension Fund at your place of residence.

What you need to apply to the Pension Fund

In the Pension Fund, you need to get approval to transfer funds from your maternity capital to pay off a mortgage loan. To do this, you again need to collect a package of documents. You will need:

  1. A document confirming the identity of a person entitled to receive maternity (family) capital: mother, father, guardian;
  2. Certificate for obtaining maternity capital (if it is lost, then you can write an application to the Pension Fund to receive a duplicate);
  3. Documents confirming that you have obligations to repay a mortgage loan: a mortgage lending agreement, as well as a certificate from the bank reflecting the amount of the debt;
  4. Documents for the purchased apartment: certificate of ownership of the residential premises, as well as a contract of sale;
  5. An application in the form issued by the Pension Fund about the borrower's desire to transfer maternity capital to pay the mortgage debt;
  6. A notarized obligation of the borrower to formalize the residential premises in common shared ownership after the loan is repaid;
  7. Other documents: power of attorney (if you act through a representative); a court decision to deprive one of the parents of parental rights, in connection with which the right to maternity capital was transferred to another person, a death certificate (the person entitled to maternity capital died, and his right was transferred to other persons); documents confirming adoption, etc.

Next steps

After submitting the entire set of documents, you will be issued a receipt for receiving the documents, which indicates the date of their receipt. Within 1 month from this date, the Pension Fund must decide on the payment of funds to the bank, or on the refusal to pay. In any case, the decision is drawn up in writing and sent to the address of the applicant.

If you were denied, then carefully study the reasons for the refusal. If you do not agree with these reasons, you can appeal this decision. higher authorities Pension Fund, or apply for protection in court. It is important to note that the general term for consideration of citizens' appeals is considered to be 30 calendar days, this means that no later than a month later, your appeal should be considered and a decision made to cancel the previous decision or agree with it.

Is the refusal legal?

The law establishes a limited range of grounds on which an applicant may be denied the transfer of maternity capital in payment of a mortgage. These include:

  1. Providing an incomplete set of documents or false information;
  2. Mistakes in the preparation of the application;
  3. Deprivation of the parent's rights to the child, the appearance of which led to the refusal of the right to receive maternity capital;
  4. Commission by the applicant of a crime against the personality of the child;
  5. In case of restriction of the rights of the guardian by the guardianship and guardianship authorities to use maternity capital, this right will be suspended until the restriction is lifted.

This list of grounds is exhaustive and no other grounds for refusal in accordance with applicable law are legitimate.

If the decision is positive

If the Pension Fund has made a positive decision to send maternity capital to pay a mortgage, then you should contact the bank with such a decision in order to notify the credit institution of your intention. This is also necessary because most banks set minimum deadlines for providing such notices. Usually it is 1 month.

After the Pension Fund transfers the amount of capital to the account credit institution, the bank can offer you one of the options for further cooperation:

  1. Decrease general term mortgage loan. It is important to emphasize that with this option, the monthly mortgage payment remains unchanged for the entire remaining period;
  2. Maintaining the loan term with a commensurate decrease in the monthly payment;
  3. Full closure of the mortgage (if the remaining amount is enough to repay).

In the first two cases, you must be provided with a new payment schedule, which will contain a monthly debt repayment plan. In the third case, it is necessary to request from the bank a certificate of full repayment debt and the absence of claims from the bank to the borrower.

Note!

  1. The maternity capital certificate is issued for an indefinite period. That is, you can actually receive the amount due at any time if necessary. Moreover, if the person specified in the certificate has lost the right to it, or has died, another parent or guardian, as well as a child, in connection with the appearance of which the right to receive a certificate arose before he reaches the age of 23, will be able to use the allocated amount;
  2. take advantage maternal certificate to repay an existing mortgage loan, you can at any time from the moment the right to receive it arises. If the maternity capital is used as a down payment, then it will be possible to use it only after 3 years from the date of birth (adoption) of the child;
  3. If the Pension Fund approves the transfer of maternity capital to pay the mortgage, the money will be credited to the bank account only after 2 months;
  4. If you decide to use maternity capital as a down payment, then you need to consider that this is possible only if you have not yet used a single ruble from the allocated amount. If part of the maternity capital has already been spent on other needs, the remainder can only be used to pay off an already existing loan;
  5. Apart from federal programs aimed at improving demographic situation in the country, there are also a number of regional programs. So, many subjects of the federation have developed ways to support families with three or more children, usually this is the allocation of a specified amount of money from the budget of a regional education, or other ways of support, in particular: preferential conditions for obtaining or registering ownership of a dwelling;
  6. After closing a mortgage loan using maternity capital for these purposes, the acquired residential premises must be registered in common shared ownership for all family members;
  7. In case of early termination of the mortgage lending agreement, you have the right to recalculate and return the amount of insurance premiums that you paid but did not use;
  8. Don't Forget About Getting tax deduction. By confirming the timely payment of the mortgage loan, you will be able to return 13% of the amount paid
  9. Maternity capital cannot be used to pay off penalties, fines or other types of material sanctions accrued on a mortgage loan.

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