Our services. Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation Decree of the Russian Federation 373 of April 20

Part of the mortgage debt will be forgiven for those citizens whose incomes have 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 04/20/2015 No.

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

    combat veterans

    citizens who have 2 or more minor children as dependents

    disabled people

    municipal and public institutions health care, culture, employment, social protection, physical culture and sports, scientific organizations, employees of the military-industrial complex

Decree No. 373 of April 20, 2015 provides for such Russians to restructure their debt on the basis of an application if their income has decreased by 30% or more. The Decree provides certain conditions for the mortgage object (its location, area, cost), as well as for the loan itself, more precisely, for its purposes ( overhaul, purchase of housing, participation in shared construction etc). As of the date of application, the delay in payments must be at least 30 and not more than 120 days, and the loan itself must be 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 not exceed 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 AHML OJSC was increased by 4.5 billion rubles as part of the program.

Information about changes:

Decree of the Government of the Russian Federation of December 7, 2015 N 1331 amended 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 program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase authorized capital joint-stock company"Housing Mortgage Lending Agency"

With changes and additions from:

In order to implement the plan of priority measures to ensure sustainable economic development and social stability in 2015, approved by the Government 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 on mortgage loans (loans) who find themselves in a difficult financial situation.

Information about changes:

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

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 accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles, provided for in the Federal Law "On federal budget for 2015 and for the planned 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 of a program of assistance to certain categories of borrowers on 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. 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 the said shares and registration of the property rights of the Russian Federation on them, 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".

Information about changes:

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

3.1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":

  • use the funds received in accordance with paragraph 2 of this resolution for the purpose of compensating for shortfalls in income or losses (part thereof) on mortgage housing loans (loans), the rights of claim on which have been acquired by the Joint-Stock Company "Agency for Housing Mortgage Lending" and the restructuring of which has been carried out in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation (hereinafter referred to as the program) approved by this resolution;
  • 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 its operating expenses related to the implementation of the program, the list of which is determined by the Supervisory Board JSC "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, shall enter into force on July 1, 2015.

The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing 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 on mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage housing loans(loans) for certain categories of borrowers who find themselves in a difficult financial situation, as well as the terms of compensation to creditors (lenders) on mortgage housing loans (loans) and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on loans (loans), the rights of claim on which are acquired by this company, lost income or losses (part of them) resulting from such restructuring (hereinafter respectively - losses, creditor, borrower, compensation, restructuring).

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

3. The creditor's losses on 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 monetary obligations borrower under a loan agreement (loan agreement), but not more than limit amount 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 (simultaneously joint and several debtors) to the creditor (hereinafter referred to as the application for restructuring).

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

5. total amount compensation payments under the program at the expense of the federal budget cannot exceed 4.5 billion rubles. This amount can be increased by the amount of the positive balance of income from placement by the Joint-Stock Company "Agency for Housing Mortgage Lending" temporarily free funds in government securities (federal loan bonds) and (or) in bank deposits and incurred operating expenses related to the implementation of the program.

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

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

a) the borrower (solidary 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 (custodians) of one or more minor children;

citizens who are combat veterans;

citizens who are disabled or have disabled children;

b) change in income of the borrower (solid debtors):

the average monthly income of the borrower (solidary 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 (solidary debtors), calculated for 3 months preceding the date of conclusion of the loan agreement (agreement loan), or the size of the planned monthly payment on a credit (loan) calculated as of the date of filing an application for restructuring (in ruble equivalent at the rate of the relevant currency established central bank Russian Federation on the same date) has increased by at least 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

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

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights of claim arising from an agreement on participation in shared construction that meets the requirements federal law"On participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts Russian Federation" (hereinafter - 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 a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement):

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. meters of the total area does not exceed more than 60 percent of the cost of 1 square. meters of total area standard apartment for the primary or secondary housing market (respectively) in the constituent entity of the Russian Federation in which the residential premises are located, determined according to the data Federal Service state statistics as of the date of conclusion of the loan 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 a security for the fulfillment of obligations under a loan agreement (loan agreement), is the only residence of the mortgagor. At the same time, it is allowed to have an aggregate share of the pledgor and members of his family in the right of ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises;

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

8. The requirements provided for by subparagraph "d" of paragraph 7 of this document are not presented if the pledgor has 3 or more minor children.

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

a) change in the currency of the credit (loan) from foreign exchange for rubles of the Russian Federation at a rate not exceeding 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) issued in foreign currency;

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

c) in the event that 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 rate of the corresponding currency established by the Central Bank of the Russian Federation as of 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 credit (loan) and (or) interest accrued during the period of assistance;

d) reduction of monetary obligations of the borrower (solid 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 credit (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 as of the date of conclusion of the restructuring agreement;

one-time forgiveness of a part of the credit (loan) amount;

reduction for the period of assistance specified in subparagraph "c" of this paragraph, the lending rate.

10. The volume of reduction of monetary obligations of the borrower (solid debtors) (V) in the case provided for in paragraph four of subparagraph "d" of paragraph 9 of this document is calculated by the formula:

Where:

The amount of interest accrued for the period of assistance;

n - the number of months of the period of assistance to the borrower;

p - size interest rate established for a credit (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 - the amount of the interest rate set for the credit (loan) for the period of assistance.

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

When restructuring, the creditor is not allowed to charge the borrower (solid debtors) a commission for actions related to the restructuring.

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 accordance with the established procedure, 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 of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.

Judicial practice and legislation - Decree of the Government of the Russian Federation of 04/20/2015 N 373 (as amended on 10/23/2019) "On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, and an increase in the authorized capital joint-stock company "DOM.RF"

The provision of subsidies in the form of a property contribution to the authorized capital to the Joint-Stock Company "Agency for Housing Mortgage Lending" is carried out in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Decree of the Government of the Russian Federation dated April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized capital of the open joint-stock company "Agency for Housing Mortgage Lending".


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 on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "DOM.RF"

July 17, December 7, 2015, November 24, 2016, February 10, August 11, 2017, October 3, 2018, October 23, 2019

In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of 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 on mortgage loans (loans) who find themselves in a difficult financial situation.

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 accordance with the established procedure, 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 of assistance to certain categories of borrowers on 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 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.

3.1. Allow the joint-stock company "Agency of Mortgage housing loans":

use the funds received in accordance with paragraph 2 of this resolution for the purpose of compensating for 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", on mortgage housing credits (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company Agency for Housing Mortgage Lending" on mortgage housing credits (loans), the rights of claim on which are acquired by this company, if the said mortgage housing credits (loans) are restructured in accordance with the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation approved by this resolution (hereinafter referred to as the program);

place temporarily free 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 related to the implementation of the program, the list of which is determined by the Supervisory Board of the Joint-Stock Company Agency of Mortgage Housing lending".

Approved
Government Decree
Russian Federation
April 20, 2015 N 373

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

With changes and additions from:

December 7, 2015, November 24, 2016, February 10, August 11, 2017, October 3, 2018, October 23, 2019

1. The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint stock to the DOM.RF company on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter referred to as the creditor, borrower, compensation, restructuring, respectively).

2. Reimbursement under the program is carried out on a one-time basis for housing mortgage loans (loans) restructured in accordance with this document, in the manner established by the DOM.RF joint-stock company, published on its official website in the Internet information and telecommunication network, with subject to the provisions of paragraph 5.1 of this document.

3. Losses (their part) of the creditor on each mortgage housing credit (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 loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.

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

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

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing 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.

Information about changes:

The main conditions were supplemented by clause 5.1 from November 2, 2019 - Decree of the Government of Russia of October 23, 2019 N 1360

5.1. In the event that the procedure established by the DOM.RF Joint-Stock Company, specified in paragraph 2 of this document, provides for the submission by the creditor to the DOM.RF Joint-Stock Company of an application for compensation for losses (part thereof) resulting from 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 an application and documents can be considered and a decision on them can be made by the DOM.RF Joint-Stock Company only if they are received by the DOM Joint-Stock Company .RF" no later than October 31, 2019.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount 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 clause 7 of this document.

7. According to the decision interdepartmental commission on making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint-stock company "DOM.RF" on mortgage housing loans (loans), the rights of claim on which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter - the interdepartmental commission ), the maximum amount of compensation for each restructured mortgage housing loan (loan), on the basis of the relevant application of the creditor to the interdepartmental commission, may be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

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

citizens who have one or more minor children or who are guardians (custodians) 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 financial position of the borrower (solidary debtors) - the average monthly total income of the family of the borrower (solidary 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 as of the date preceding the date of filing the application for restructuring , does not exceed for each family member of the borrower (solidary debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on 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 agreement on participation in shared construction);

G) total area residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), 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;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan 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 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 on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter capital of the joint-stock company "DOM.RF" as of the date of filing by the borrower of the application for restructuring, it is allowed to have an aggregate share of the mortgagor and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the mortgagor includes the spouse of the mortgagor and his minor children, including those under his guardianship or guardianship. state register real estate is not required. Joint-stock company "DOM.RF" checks the information provided in accordance with this subparagraph by the borrower;

f) the loan agreement (loan agreement) was concluded at least 12 months before the date of submission by the borrower of the application for restructuring, unless mortgage(loan) is provided for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least 12 months before the date of submission by the borrower of the application for restructuring.

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

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange 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) setting 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 conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);

c) reduction of monetary obligations of the borrower (solidary debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below 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);

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.

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

12. All settlements under the program are made in Russian rubles at the rate of the relevant 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).

It was decided to take a number of measures aimed at supporting certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation.

A list of such borrowers has been established. Among them are citizens with 2 minor children or more, veterans of military operations, disabled people, employees of scientific organizations, state and municipal institutions of health care, culture, social security, employment, physical culture and sports, organizations of the military-industrial complex.

For these persons, the possibility of restructuring mortgage debt on the basis of an application is provided. For example, if their income decreased by more than 30%. The loan was provided in foreign currency, the payments on which increased by more than 30% due to the depreciation of the ruble (compared to the monthly payment in September 2014).

Requirements have been established for the subject of mortgage (including the location, the area of ​​the dwelling, the cost), as well as for the loan itself. The purpose of the latter is participation in shared construction, purchase of housing, overhaul, etc. The delay in payments as of the date of application is at least 30 and not more than 120 days. The loan was issued no later than January 1, 2015.

As part of the restructuring, it is envisaged to reduce the borrower's payments on the loan during the assistance period up to 12 months, forgive part of the principal debt and change the terms of the loan by the lender, as well as setting the interest rate at a level not exceeding 12% per annum.

The creditor has the right to receive a refund of part of the lost income during the period of assistance, which ranges from 6 to 12 months.

The maximum amount of compensation for each loan of a part of lost income or loss is 200 thousand rubles.

In order to implement the assistance program, the authorized capital of AHML OJSC was increased by 4.5 billion rubles.

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 on mortgage housing loans (loans) in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "DOM.RF"


This resolution enters into force 7 days after the day of its official publication.

Subparagraph "c" of paragraph 2 of the main conditions for the implementation of the program, approved by this resolution, comes into force come into force

Government of the Russian Federation

"On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the open joint-stock company Agency for Housing Mortgage Lending" (April 20, 2015) Consultant Plus

In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the Decree of the Government of the Russian Federation of 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 on mortgage loans (loans) who find themselves in a difficult financial situation.

2. The Ministry of Construction, Housing and Communal Services of the Russian Federation shall send to the Federal Agency for State Property Management, in accordance with the established procedure, 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 open joint-stock company "Agency for Housing Mortgage Lending" for the implementation of a program of assistance to certain categories of borrowers on 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 rights to them property of the Russian Federation.

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

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

GENERAL TERMS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR CERTAIN CATEGORIES
BORROWERS FOR HOUSING MORTGAGE LOANS (LOANS),
IN DIFFICULT FINANCIAL SITUATION

1. Borrowers under a mortgage housing 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 order are participants in state or municipal programs to improve living conditions, other measures to improve housing conditions and who have exercised 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 the constituent entity of the Russian Federation and (or) municipal budget using a mortgage loan (loan) subject to restructuring;

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

c) citizens of the Russian Federation who have 1 child or more, while the age of each of the spouses or one parent in an incomplete 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 state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments is the main place of work and whose experience of this work is at least 1 year;

g) citizens of the Russian Federation for whom, as of January 1, 2015, work in state and municipal institutions, which are scientific organizations or organizations of scientific service, as scientists, specialists of a scientific organization or workers in the field of scientific service, 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 the experience of this work 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 research and production complexes of science cities, regardless of the organizational and legal form of such organizations, is the main place of work and whose experience of this 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 the procedure 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 experience of the specified work 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 experience of this work 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 (with the exception of organizations social sphere), is the main place of work and the experience of the specified work is at least 1 year;

l) citizens of the Russian Federation for whom, as of January 1, 2015, work in state unitary enterprises, which are scientific organizations or organizations of scientific service, carrying out scientific, scientific and technical, innovative activities, 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 N 899 "On approval priority areas 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 experience of this work is at least 1 year;

m) citizens of the Russian Federation, for whom, as of January 1, 2015, work in organizations participating in the programs for the development 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 N 188 "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 programs for the development of pilot innovative territorial clusters", is the main place of work and the experience of this work is at least 1 year.

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

a) the borrower documented the decrease in the average monthly for the last 3 months prior to the date of filing an application for restructuring a mortgage housing loan (loan) (hereinafter referred to as the application for restructuring) of the total income of the borrower and his family members, which include the spouse of the borrower and minor children, living together with the borrower, by more than 30 percent compared to the average monthly for the last 12 months prior to the date of filing an application for restructuring by 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 mortgage housing loan (loan) as of the date applying for restructuring compared to the monthly payment in September 2014;

b) as of the date of the borrower's application 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 indicated in subparagraph "a" of this paragraph, is less than one and a half times the subsistence minimum established in the constituent entity of the Russian Federation in whose territory the borrower lives;

ConsultantPlus: note.


c) there is no information about the recognition by the court of the application for declaring the borrower (mortgagor) bankrupt justified and the introduction of a procedure for restructuring its debts.

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

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

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

residential premises purchased for the borrower and the borrower's family members specified in subparagraph "a" of paragraph 2 of this document to live in it. If the subject of mortgage is a dwelling, the total share of the borrower and his family members specified in subparagraph "a" of paragraph 2 of this document, the pledger and his family members, which include the spouse of the pledger and minor children living together with the pledger , in the ownership of other residential premises is not more than 50 percent in each of the residential premises, in the ownership of which these persons have a share. This requirement must be met as of the date the borrower applied to 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 on participation in shared construction that meets 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". If the subject of the mortgage is the right of claim of a participant in shared construction, the pledgor and family members of the pledgor, which include the spouse of the pledgor and minor children living together with the pledgor, live (registered) in residential premises, the share of the area in which per each resident citizen does not exceed 18 sq. meters. This requirement must be met as of the filing date of the restructuring application, as well as January 1, 2015;

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

in apartments:

50 sq. meters - for 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 living alone;

60 sq. meters - for 2 people;

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

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

e) the subject of mortgage is not under arrest, there is no litigation on the right of ownership in relation to it, and there is no prohibition on registration actions.

4. Mortgage housing loan (loan) for the purpose of its restructuring must meet the following requirements:

a) the purpose of granting a mortgage loan (loan) was participation in shared construction, acquisition or construction of a residential house or apartment, their overhaul or other inseparable improvement or refinancing of a mortgage loan (loan) granted for the specified purposes;

b) the delay in payments on a mortgage housing loan (loan) as of the date of filing an application for restructuring is at least 30 and not more than 120 days;

5. Restructuring of mortgage housing credits (loans) is carried out in the presence of the borrower's application to the creditor (lender) with an application for restructuring.

6. Conditions for the restructuring of mortgage housing loans (loans) are:

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

b) setting by the lender of an interest rate on a mortgage housing credit (loan) from the date of restructuring until the date of full repayment of the credit (loan) in the amount of not more than 12 percent per annum, but not higher than the interest rate on the restructured housing credit (loan) (if the restructuring mortgage housing loan (loan) provided in rubles of the Russian Federation);

c) reduction by the lender of the monthly payment of the borrower on a mortgage housing loan (loan) for a period of 6 to 12 months (aid period) in total by an amount that must not be less than the maximum reimbursement amount specified in clause 8 of this document, or forgiveness of a part of the principal debt on a mortgage housing loan (loan) when the currency of the loan agreement (loan agreement) is changed to the currency of the Russian Federation, if the original agreement used calculations in another currency;

d) granting by the creditor to the borrower of the right not to make payments to repay the principal debt on a mortgage housing loan (loan) for the duration of the assistance period. At the same time, the corresponding planned payments are postponed to later periods, including in the case of an increase in the repayment period of the mortgage loan;

e) non-collection by the creditor from the borrower of commissions for the actions provided for in this paragraph related to the restructuring of a mortgage housing loan (loan).

7. Open Joint Stock Company "Agency for Housing Mortgage Lending" or a non-profit organization founded by it shall reimburse creditors (lenders) of part of the lost income on mortgage housing credits (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 monthly payments of the borrower established before the restructuring of the mortgage housing loan (loan) for the period of assistance, or up to 50 percent of the loss when the currency of the loan agreement (loan agreement) is changed to the currency of the Russian Federation, if calculations in another currency were used in the original agreement.

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

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

Document's name:
Document Number: 373
Document type:
Host body: Government of the Russian Federation
Status: current
Published:
Acceptance date: April 20, 2015
Effective start date: April 30, 2015
Revision date: October 23, 2019

On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and on the increase in the authorized capital of the joint-stock company Agency of Mortgage Housing...

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "DOM.RF" *


Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 07/21/2015, N 0001201507210021);
(Official Internet portal of legal information www.pravo.gov.ru, 09.12.2015, N 0001201512090012);
(Official Internet portal of legal information www.pravo.gov.ru, 04.12.2016, N 0001201612040001);
(Official Internet portal of legal information www.pravo.gov.ru, February 15, 2017, N 0001201702150030);
Decree of the Government of the Russian Federation of August 11, 2017 N 961 (Official Internet portal of legal information www.pravo.gov.ru, 08/14/2017, N 0001201708140008);
(Official Internet portal of legal information www.pravo.gov.ru, 05.10.2018, N 0001201810050015);
(Official Internet portal of legal information www.pravo.gov.ru, 10/25/2019, N 0001201910250015).
____________________________________________________________________

________________
* Name as amended, put into effect on December 17, 2015 by Decree of the Government of the Russian Federation of December 7, 2015 N 1331 by Decree of the Government of the Russian Federation of February 10, 2017 N 172 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175 ..

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

decides:

1. Approve the attached .

2. The Ministry of Construction, Housing and Communal Services of the Russian Federation shall send to the joint-stock company Agency for Housing Mortgage Lending, in accordance with the established procedure, federal budget funds in the amount of 4.5 billion rubles provided for in the Federal Law "On the federal budget for 2015 and 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 an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation.
Decree of the Government of the Russian Federation of July 17, 2015 N 720 Decree of the Government of the Russian Federation of December 7, 2015 N 1331.

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.
(Item as amended, entered into force on July 29, 2015 by Decree of the Government of the Russian Federation of July 17, 2015 N 720; as amended by Decree of the Government of the Russian Federation of December 7, 2015 N 1331.

3_1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":
(Paragraph as amended, put into effect on February 23, 2017 by Decree of the Government of the Russian Federation of February 10, 2017 N 172.

use the funds received in accordance with paragraph 2 of this resolution for the purpose of compensating for lost income or losses (part thereof) to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with, on mortgage housing loans ( loans), the rights of claim on which were acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on mortgage housing credits (loans), the rights of claim on which were acquired by this company, in the event that the said mortgage housing credits (loans) are restructured in accordance with the basic conditions approved by this resolution for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program);
Decree of the Government of the Russian Federation of November 24, 2016 N 1231; as amended, put into effect on February 23, 2017 by Decree of the Government of the Russian Federation of February 10, 2017 N 172.

place temporarily free 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 related to the implementation of the program, the list of which is determined by the Supervisory Board of the Joint-Stock Company Agency of Mortgage Housing lending".
(Paragraph as amended, entered into force on December 12, 2016 by Decree of the Government of the Russian Federation of November 24, 2016 N 1231; as amended by Decree of the Government of the Russian Federation of February 10, 2017 N 172.
(The paragraph was additionally included from December 17, 2015 by Decree of the Government of the Russian Federation of December 7, 2015 N 1331)

4. The clause became invalid from December 12, 2016 - Decree of the Government of the Russian Federation of November 24, 2016 N 1231 ..

Prime Minister
Russian Federation
D. Medvedev

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

APPROVED
Government Decree
Russian Federation
dated April 20, 2015 N 373
(As amended by
since August 22, 2017
Government Decree
Russian Federation
dated August 11, 2017 N 961. -
See previous edition)

Basic conditions for the implementation of the assistance program for certain categories of borrowers on 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 on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, to the DOM.RF company on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).
Decree of the Government of the Russian Federation of October 3, 2018 N 1183; as amended, put into effect on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175.

2. Reimbursement under the program is carried out on a one-time basis for housing mortgage loans (loans) restructured in accordance with this document, in the manner established by the DOM.RF joint-stock company, published on its official website in the Internet information and telecommunication network, with subject to the provisions of paragraph 5.1 of this document.
(Item as amended, entered into force on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175; as amended by Decree of the Government of the Russian Federation of October 23, 2019 N 1360.

3. Losses (their part) of the creditor on each mortgage housing credit (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 loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.

4. Compensation within the framework of 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 decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing 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.

Restructuring agreements are concluded no later than December 31, 2019.
(The paragraph was additionally included from November 2, 2019 by Decree of the Government of the Russian Federation of October 23, 2019 N 1360)

5_1. In the event that the procedure established by the DOM.RF Joint-Stock Company, specified in paragraph 2 of this document, provides for the submission by the creditor to the DOM.RF Joint-Stock Company of an application for compensation for losses (part thereof) resulting from 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 an application and documents can be considered and a decision on them can be made by the DOM.RF Joint-Stock Company only if they are received by the DOM Joint-Stock Company .RF" no later than October 31, 2019.
(The paragraph was additionally included from November 2, 2019 by Decree of the Government of the Russian Federation of October 23, 2019 N 1360)

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount 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 clause 7 of this document.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "DOM.RF" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, losses (part thereof) resulting from 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) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission .
(Paragraph as amended, entered into force on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

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

citizens who have one or more minor children or who are guardians (custodians) 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 position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on 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 agreement on participation in shared construction);

d) the total area of ​​residential premises, including residential premises, the right of claim to which arises from the agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under the loan agreement (loan agreement), 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;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan 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 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 on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter capital of the joint-stock company "DOM.RF" as of the date of filing by the borrower of the application for restructuring, it is allowed to have an aggregate share of the mortgagor and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the mortgagor includes the spouse (wife) of the mortgagor and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. Submission by the borrower of information from the Unified State Register of Real Estate is not required. "verifies the information provided in accordance with this subparagraph by the borrower;
(Subparagraph as amended, put into effect on October 13, 2018 by Decree of the Government of the Russian Federation of October 3, 2018 N 1175.

f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.

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

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange 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) setting 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 conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);

c) reduction of monetary obligations of the borrower (solidary debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below 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);

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.

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

12. All settlements under the program are made in Russian rubles at the rate of the relevant 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).

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and the increase in the authorized capital of the DOM.RF joint-stock company (as amended on October 23, 2019)

Document's name: On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and the increase in the authorized capital of the DOM.RF joint-stock company (as amended on October 23, 2019)
Document Number: 373
Document type: Decree of the Government of the Russian Federation
Host body: Government of the Russian Federation
Status: current
Published: Official Internet portal of legal information www.pravo.gov.ru, 04/22/2015, N 0001201504220021

Russian newspaper, N 89, 04/27/2015

Collection of Legislation of the Russian Federation, N 17 (part IV), 04/27/2015, art. 2567

Acceptance date: April 20, 2015
Effective start date: April 30, 2015
Revision date: October 23, 2019
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