Hello! We buy an apartment with a mortgage with a spouse, from the seller (she and her sister inherited the apartment), they drew up an agreement with each other, not certified by a seal, that the seller gave money and the sister does not claim the apartment. Whether there is a...
Paid off the mortgage. Mathematical capital was used. What and how to arrange next?
Good afternoon Given: Paid off the mortgage loan. In the "yellow" certificate of ownership, I am listed as the sole owner. We live in an apartment as a family: spouses and two children, children are registered. Maternal capital previously used to pay off...
April 21, 2019, 13:38, question #2336511 Konstantin, Mr. Nizhny Novgorod
600
price
question
issue resolved
How to deal with the payment of mortgage payments in this case?
Hello! I received a subpoena, but I live in another city, 3000 km away. I don't even have money for the road, because I pay a mortgage. Is there any other way out?
20 April 2019, 22:39, question #2336129 Alfiya Latypova, Ulyanovsk
Can I take out a mortgage if there is currently a divorce going on?
Hello, can I take out a mortgage if there is currently a divorce going on. We haven't been running a joint venture for several months. After the divorce, I want to live with my children in a separate apartment, which is why I need a mortgage.
How to solve a problem
Hello! They took a mortgage, paid for it for some time, partly repaid it with financial capital, then they stopped paying, the bank took it, sold 1,300,000 thousand rubles ... the principal debt remained 940,000, they wrote it off ... Where the rest went is unknown, and it remains due ...
Mortgage between individuals
Good afternoon, The buyer of my apartment offers to pay 10% of its cost in installments, having issued it with a mortgage. Part of the amount will be paid by the bank, also in a mortgage. Question: 1. What contracts should be drawn up so that you can then levy a foreclosure ...
19 April 2019, 10:55, question #2334566 Alexey, Yekaterinburg
389
price
question
issue resolved
Can I expel my ex-husband from the apartment?
Good afternoon, I have such a situation, we are now already ex-husband took a mortgage, where I am a borrower, he is with the borrower, and his mother is the guarantor, for 9 years now I have been paying the mortgage myself or with the help of my parents, officially divorced in 2013, the former ...
Will a mortgage be considered in this case?
Hello! I have such a question) At the moment I have an apartment (I pay a mortgage for it), I plan to get married in the summer. Will the future wife be able to claim this apartment if something happens? Won't the mortgage be considered that we put it together...
Is it possible to get a mortgage approved without formal employment?
Hello, I want to clarify how you can succeed in approving a mortgage, I work unofficially, earning about 1,500,000 per month
BTI mark on the Technical plan of the building
Good afternoon Sberbank, in order to approve a mortgage, requires that on the Technical plan of the building there should be a BTI mark on approval or something like that, those building plans are certified by the seal and signature of a cadastral engineer, drawn up by LLC (not BTI), of course ...
Mortgage for the last share
Private question.
1000
price
question
issue resolved
What to do if mortgage co-borrowers pay irregularly?
Good afternoon. My husband is a mortgage guarantor, co-borrowers either pay or don’t pay, the bank threatens to sue. I own 2 cars bought in marriage + now I'm going to take a mortgage under maternity capital, the property will be recorded on me (mortgage ...
If you have not yet purchased an apartment and want to ensure maximum security of the transaction. In this case, the mortgage lawyer:
- Carefully check the constituent documents of the organizations with which you plan to cooperate (developer, bank, insurance company). This will protect you from making a bad deal.
- Will help you choose legal entities with a good reputation, whose conditions are most suitable for your needs.
- Will conduct a legal analysis of the documents that you will be offered for signature. timely legal consultation on a mortgage will allow the borrower to avoid extra spending. After all, they can imperceptibly impose on you Additional services or raise interest rates. As a result, the signed contract will be fundamentally different from the one you discussed before.
Mortgage lawyers also provide advice on all the nuances of registration of debt obligations. What kind of property can be pledged, why you should not take a foreign currency mortgage, who will own the property in the event of a divorce of a married couple, etc. Ask your questions and get comprehensive answers to them.
The help of a mortgage lawyer is also required to protect the interests of the borrower. Nothing to pay monthly installment? The bank unilaterally changed the terms of the contract, filed a lawsuit and, perhaps, has already won? In any case, do not give up. We will help you get out of the situation with minimal losses, because in each law you can find suitable clauses, you just need to study it well.
If you believe your rights have been infringed, a mortgage attorney will file a claim and have it declared legal in arbitration court Moscow.
What services do we provide?
Kirichenko & Partners offers all types of legal services. You can contact us for general legal advice, order a single service, for example, defending your interests in a dispute over a foreign currency mortgage in court, a comprehensive service or individual key stages. As a rule, this is an analysis of the constituent documents of the partner organizations you have chosen, the presence of a specialist during the execution of the transaction and the analysis of papers issued for signature.
Did you know?
“If the pledgee is forced to bear the costs associated with ensuring the safety of the pledged property, these costs are reimbursed at the expense of the pledged property”, Federal Law No. 102-FZ of July 16, 1998 “On Mortgage (Pledge of Real Estate)”.
Sberbank traditionally occupies a leading position in terms of mortgage lending at the end of each year. From time to time, targeted programs to support potential and existing mortgage loan customers are developed here. In most cases, this is associated with the initiative of the state. Next, we will talk about how to implement similar programs in practice and how individual borrower become their participant (on the issue of insurance of mortgage property and the list of insurance companies accredited by Sberbank, go to).
Mortgage assistance program in 2018
Initially, one should understand the difference between the programs of the state and the bank. Banks do not provide subsidies or provide any other financial assistance to potential and current customers. - so it is pointless to come here for this purpose. The only thing that can be called real help is the reduction current rate and simplification general conditions execution of contracts.
On this moment The Bank continues to successfully operate the Housing program. Its initiator is the state and it is implemented in all banks working with the presence state capital(the first 5-6 institutions from the rating).
The essence of the banking program "Housing" is to provide mortgage loans on preferential terms. If the key interest rate here starts at 16%, then interest rates are reduced for participants in this promotion. In practice, this is approximately 11.5-13%. Also the assistance program mortgage loan in Sberbank may also concern simplification general requirements when making out.
Citizens who have been recognized as in need of improved living conditions can become participants in this program at Sberbank. The obligation to grant such status rests with the regions. There are special housing committees in the administrations of cities/districts that deal with such issues.
Mortgage advice at Sberbank
Anyone can get professional advice on their issue. To do this, you need to contact Sberbank specialists and clarify your status. For existing customers, a hotel line is intended. For those who are just about to enter into relations with Sberbank, it is different. An initial consultation on a mortgage at Sberbank by phone listed on the official website is available to everyone.
Mortgage assistance from the state in 2018
Two types of targeted assistance can be obtained directly from the state: a cash certificate or a transfer of a mortgage loan to a regional AHML. The specified certificate received from the state can only be used to purchase your own housing. This is a prerequisite.
Only participants of the address program "Housing" can receive it. Further, it can be used both for an independent purchase of real estate, and for paying an initial contribution to state bank. The second option involves participation at the same time in the banking program. This means that borrowers should be provided with the most reduced interest rates and simplified payment terms.
The transfer of a mortgage loan to a regional AHML in practice means that some changes will be made to an already concluded agreement. Among them, a reduced interest rate (from 6%), a change in the amount and schedule of payments, and the provision of annual deferrals stand out. In such a situation, AHML will cover the debt to the bank from budget funds, and the borrower will have to pay the balance already at a reduced interest rate.
The decision on such a measure is made strictly on an individual basis. Priority is given to civil servants, military, large families and young families. The main condition is that the transfer will be possible if no more than 2 million rubles are left on the mortgage loan.
Mortgage assistance to a young family in Sberbank
At the moment it is banking program is to simplify the conditions for registration and reduce the interest rate to 13-14%. For this, both spouses must not be more than 35 years old. Mortgage assistance at the birth of a child is not currently provided. The only measure on the part of the bank may be the appointment of a deferment of the subsequent payment.
Assistance in a mortgage for the construction of a house 2018 in Sberbank
The certificate received from the state must be used to improve the general living conditions. Investing in the construction of your own home is allowed.
In this case, the certificate is cashed as follows: only a targeted mortgage loan is issued at Sberbank, the rate for which will be reduced by several values. For borrowers from this category, Sberbank provides various concessions in the form of deferred payments (for several months) or simplification of general conditions for registration.
It is customary to call a mortgage a long-term loan, where an apartment, house, land plot or any other property for the purchase of which a loan is issued. Misappropriation of mortgages is also common. For example, to refinance an existing loan or to pay it off.
A mortgage is an opportunity available to many to raise their lives to a new social level, which is why its popularity is so great. At the same time, it should be emphasized that the laws in our country change quite often, and therefore, legal advice on mortgages has become an important condition for the functioning of any financial brokerage company.
How to get online mortgage advice
Everything is very simple. It is enough to formulate the question you are interested in and send it through a special form on our website. A qualified mortgage lawyer will help you find out:
- Is it possible to get a loan without a fee, without certificates and without guarantors?
- What documents (other than a passport) are required to apply for a loan?
- What are the conditions for granting a mortgage loan?
- How to minimize risks when applying for a mortgage on real estate?
- What are the interest rates for current programs?
Why you should take advantage of a free mortgage consultation
This service provides clients with many benefits:
- Saving money and time. You do not have to go to the bank and wait in line to see a specialist. Our experts will answer your question as quickly as possible.
- Confidentiality. If you do not want to publicize the information you are interested in, you can ask a question in a confidential mode. The content of the conversation during the consultation of a mortgage lawyer will remain between you and the interlocutor.
- Selection of the most profitable loan product. Lawyers will find a program that is best suited to your specific situation, help you understand the details of the mortgage agreement and will strictly observe the interests of each client.
Do you need free legal advice on a mortgage? Please contact Financial Services. Fill out a special form on the site, call us or use the service feedback. We are always ready to help you!
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Why do hundreds of clients trust us?
- We really appreciate our capabilities. We charge for services only when we can provide real help. We always inform you in advance how much it will cost to protect the interests of the client in court. We warn you if upcoming expenses unreasonably high to address the issue.
- The success of our business is directly dependent on the reputation of each mortgage lawyer. Most of all, we value the good name of the company, so we are no less interested in the successful resolution of the conflict than you.
- We represent clients in a number of large cities and regions of the Russian Federation: St. Petersburg, Krasnodar Territory, Smolensk, Samara and Ulyanovsk Regions, Primorsky Territory, Far East, Yamalo-Nenets Autonomous Okrug, Kabardino-Balkaria, North Ossetia.
- In the Collegium they work with an academic degree, many of them teach at universities in Moscow. Thanks to fundamental theoretical training and successful practical experience we practice doctrinal interpretation of legislative acts.
- Members of the Board regularly contribute valuable contribution in the development of new laws and regulations at the federal and regional levels.
We answer popular questions:
How to Hire a Mortgage Lawyer
At the first consultation, we develop a strategy for resolving the issue.
To do this, you (as the principal) provide for study all Required documents: contracts, project documentation and any necessary materials on the case.
If the Documents are not enough, we get acquainted with the details of the case with the help of an oral face-to-face consultation. With significant volumes of Documents, the Lawyer requests several days to study the materials.
After preliminary preparation, we agree on the terms of cooperation. At this stage, it is very important to dedicate a lawyer to all the nuances of the case - this greatly increases the chances of success.
How our lawyers work
The work process begins with an oral consultation. All information provided by the client to the lawyer is protected by attorney-client privilege. Even the fact of your contacting our company is classified as confidential information.
During the consultation, we ask a number of questions that help to understand the essence of the matter. Together with the client, we develop a preliminary strategy for resolving the conflict situation.
If, for objective reasons, the issue cannot be resolved with the help of a Lawyer, he will inform you about this and offer an alternative way out of the situation.
Immediately after studying the materials and preliminary preparation, we proceed to discuss the conditions for further joint work in the near future.
Lawyer and Mortgage Lawyer. What is the difference?
A lawyer, at best, has only a specialized education. To obtain the prestigious status of a Lawyer, you need special training, experience, several years of experience and passing a special exam in the Bar Association.
The lawyer has the right to conduct business in Supreme Court, as well as in instances of all levels and in any region Russian Federation. Only a lawyer can handle criminal cases.
The lawyer acts on behalf of the client by proxy. In order to represent the interests of the Principal in court, it is enough for the Advocate to receive a special order from the Collegium.
How much does a mortgage lawyer cost?
The cost of services is calculated individually, because it depends on a number of factors. Often, the previously announced amount changes both up and down.
The result of the work of our lawyers always compensates for the costs of their services. Otherwise, we will inform you in advance.
Mortgage attorney fees
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Our Moscow mortgage lawyers
- consultation on the mortgage of property;
- advice on mortgage lending;
- changing the terms of the mortgage;
- protection of interests, representation in court;
- drafting claims.
Our services
Our lawyers will help in resolving issues related to housing disputes! In the practice of the Bar Association "Gribakov, Polyak and Partners" of the city of Moscow, there is a large number of successful mortgage cases. Contact.
More about the service
Before making a decision to purchase a residential property with a mortgage loan, you must either familiarize yourself with the provisions federal law 07/16/1998 N 102-FZ "On Mortgage (Pledge of Real Estate)" - the main document that regulates the procedure for granting and obtaining a loan, as well as the rights and obligations of the parties who have entered into a mortgage agreement, or contact a mortgage lawyer.
A mortgage lawyer, as well as a mortgage lawyer, will help you understand all the intricacies of real estate mortgage legislation, answer all your questions related to a mortgage loan, and help you check the purity of the mortgage transaction.
A mortgage lawyer can also help you choose a bank whose mortgage agreement is more in your best interest.
One of the most common questions when applying for a mortgage is joint ownership spouses for housing purchased with a mortgage, as well as options for obtaining a mortgage loan, in which the property in the event of a divorce will belong to the spouse who pays the mortgage loan.
In general, in accordance with Article 1 of the Federal Law "On Mortgage (Pledge of Real Estate)" and Article 334 Civil Code In the Russian Federation, a mortgage is a legal relationship by virtue of which the pledgee has the right to satisfy his monetary claim against the debtor under the secured obligation from the value of the mortgaged real estate preferentially over other creditors.
To date, a huge number of real estate transactions are concluded using borrowed money. This allows you to purchase real estate, but at the same time entails a risk adverse effects, for example, if the borrower has lost the ability to pay a mortgage loan.
Mortgage Terms Changes
Many borrowers are faced with the refusal of the bank to change the terms of the mortgage or to restructure the debt. A mortgage lawyer will help you solve this problem. According to the legislation on mortgages, changes in the terms of a mortgage agreement are carried out with the consent of both parties. Mandatory change possible only with an increase in the amount of principal and interest on it.
But often banks arbitrarily change the terms of the contract. In this case, you can be helped by a mortgage lawyer who, through the court, recognizes the changes made to the mortgage agreement unilaterally as invalid.
It is also worth noting that changing the terms of the mortgage agreement is possible only after state registration information about encumbrance real estate. Otherwise, the changes are not valid and are not enforceable.
If you find yourself in a similar situation or want to avoid it, our mortgage lawyer will give you legal advice on a mortgage.
A mortgage lawyer is also required to invalidate a mortgage agreement. Claims for annulment mortgage contracts are quite rare, since their satisfaction is possible only if the following conditions are met:
- the absence in the contract of essential information (information about the persons who entered into the contract, the content and size of the main obligation, as well as the deadline or procedure for performance);
- lack of a description of the subject of mortgage (if there is not enough information to identify the subject).