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Mortgage loan: how to use the parent capital
These recommendations were prepared in connection with the entry into force on 1 January 2009, the Federal Law of 25.12.2008 ? 288-FZ on the basis of which the administrators of the parent (family) capital (hereinafter - the funds MSCs) have the right to allocate funds to repay the state support for mortgage credit or a loan, regardless of the period elapsed from the date of birth (adoption) of the second, the third child and subsequent children. Prior to the entry into force of the Law, the right to dispose of the funds to repay the MSC mortgage or loan was granted on or after the child reaches the age of 3 years. These guidelines contain information for citizens who have obligations under the mortgage loans or loans granted for the purchase of residential premises on the territory of the Russian Federation and carrying out their repayment to the creditor (or representative of the creditor) - JSC "Agency for Housing Mortgage Lending" (hereinafter - AHML).
The procedure for the transfer of funds of the parent (family) capital (hereinafter - MSC), as described in these recommendations have been prepared in accordance with the legislation of the Russian Federation.
In order to realize the right to the use of the additional state support to citizens having the right to dispose of the means of MSCs, to channel funds or resources of the CMC in the fulfillment of obligations by mortgage loans or recommend the following.
Step 1: Gather required to apply for a package of documents.
For the purpose of applying for disposal MSCs to the territorial office of the Pension Fund of the Russian Federation at the place of residence or stay the citizens need to prepare the following documents:
1. The original and the copy of the certificate (a duplicate in case of loss or damage to the certificate).
Place the document: the hands of the administrators of the MSC.
2. The main document certifying the identity of the person who received the certificate and its registration at the place of residence or the place of residence, as a rule, the passport of a citizen of the Russian Federation.
Place the document: the hands of the administrators of the MSC.
3. Documents confirming the identity of the representative and his authority (notarized power of attorney), if an application to the local office of the RF Pension Fund filed by a representative acting under a power of attorney.
Place the document: the hands of the administrators of the MSC.
4. A copy of the loan agreement (loan agreement).
Place the document: in the hands of administrators of MSCs or members of his family.
Important: The law does not contain requirements for certified copies of the loan agreement (loan agreement), the mortgage agreement, so it is recommended together with a copy of the contract to produce the original contract. Considering that at the time of treatment to the Pension Fund, there could be a change of the creditor in connection with the assignment of the claim on the credit (loan) (change of ownership mortgage), it is advisable to provide the borrower received notice of the change of creditor (change of ownership of the mortgage).
5. A copy of the mortgage agreement, passed the state registration in the prescribed manner. Subject to availability.
Place the document: in the hands of administrators of MSCs or members of his family.
6. The certificate of state registration of ownership of the premises purchased using credit (borrowed) funds and a copy of the original.
Place the document: in the hands of administrators of MSCs or members of his family.
Important: in case of loss a duplicate of the document can be obtained in the territorial division of the Federal Registration Service.
7. A copy of the marriage certificate if the party of the loan agreement (loan agreement) the spouse is the person receiving the certificate.
8. If you purchased in a mortgage dwelling is not registered in the property of all family members, including children (first, second and subsequent children) the borrower (borrowers) whose property is decorated in the living room provides the notarized written commitment to issue acquired with a mortgage premises in the common property of the parents, children (including the first, second and subsequent children) and other co-living with them family members with the definition of the size of shares under the agreement after the removal of encumbrances from the premises.
Note: This requirement is enshrined in the revised "Rules of channeling funds (of the funds) of maternal (family) capital", approved by the Government of the Russian Federation ?20 from January 13, 2009
9. Help the creditor (lender) the amount of the principal debt balance and the balance of arrears of interest on the loan or loans.
Place the document: service company authorized by AHML servicing mortgage loans (loans).
Important: Information about the company serving the mortgage (loan), contained in the notification sent earlier to the borrower. If the borrower does not have information on the service company, accompanying the mortgage (loan), contact tel. (495) 775-47-40, given the number of mortgages, the full name, passport data, address, location of the mortgaged property, and the number the date of the loan agreement (loan agreement).
10. In addition to help on the rest of the debt service the company provides billing information to transfer funds MSCs and payment schedule for the entire term of the loan or loan and a copy of the proxy service company AHML, which are issued on the basis of the said documents.
Additionally, it is recommended to contact the local office of the RF Pension Fund to refine the list of necessary documents.
Step 2: Applying for the disposal of funds in the IIC local office of the Pension Fund of Russia.
The application for the order is filled by means of MSC approved by the Ministry of Health and Social Development of the Russian Federation dated October 28, 2008. ?599n form and submit to the territorial department of the RF Pension Fund with the application of documents collected. The application form is available in the territorial department of the RF Pension Fund, or may be printed out from your own reference and legal systems "Garant" Consultant + ", etc. editor MS-Word (cm. specimen filling)
1. Subparagraph a) the application specifies the amount of funds CMC allocated for the improvement of living conditions, namely, the repayment of obligations under a mortgage or loan.
Note: The amount of funds CMC allocated to repayment of the loan may not exceed the principal balance on the loan and accrued but unpaid interest. Means of MSCs can not be used to pay fines and penalties arising from the improper fulfillment of obligations under the credit agreement or loan agreement.
2. Details for the transfer of funds to the MSC AHML fill in the appendix to the application in accordance with the details provided in the help provided by the representative of the creditor of the claim. 9 Step 1 of this Notice.
Important: We recommend additionally specify: the number of the credit agreement or loan agreement, the number of mortgages in a single information system HMLA (ERC HMLA).
3. In taking the territorial department of the RF Pension Fund application for disposal of documents and MSC officer adopted a statement, issue the applicant a receipt notification (notice) indicating the date of acceptance of the application, the registration number of the application and the name of the responsible officer who took the statement.
4. At the end of 1 month from the date of acceptance of the application the territorial body of the RF Pension Fund makes a decision on approval or denial of the application for disposal GMT. Territorial body of the RF Pension Fund not later than five days from the date of the relevant decision sent to the person who has submitted an application for disposal, the notice of meeting or a reasoned refusal of its application.
Note:
In accordance with the Federal Law of 29 December 2006. ?256-FZ, of an application for disposal MSCs may be refused if:
- Termination of the right to additional measures of state support on the grounds set out in parts 3, 4 and 6 of Article 3 of the Federal Law
- Violation of the rules of application for the disposal; indicate in a statement on the disposal of the use of funds (of the funds) of maternal (family) capital is not provided for by the Federal Law;
- Guidance on the application of the disposal amount (often in combination), exceeding the total volume of the parent (family) capital, which has the right to dispose of the person who applied for the disposal;
- Limiting a person referred to in paragraphs 1 and 3 of Article 3 of the Federal Law, parental rights to the child, the birth of which the right to additional measures of state support on the date of the decision on the application for disposal, according to the said person ( until the abolition of restrictions on parental rights in the prescribed manner)
- Of a child, the birth of which the right to additional measures of state support, the person specified in paragraphs 1 and 3 of Article 3 of the Law, in the manner prescribed by the Family Code of the Russian Federation (the period of a child).
5. In the event of refusal of an application for disposal MSCs in the appropriate notification outlines motivated grounds, according to which the territorial body of the RF Pension Fund such decision was taken. Notification of applicants made territorial body of the RF Pension Fund in a manner that provides the opportunity to confirm the fact of the notification. The decision to dismiss the application for the disposal may be appealed to a higher authority or the RF Pension Fund in the prescribed manner to the court.
6. In the case of notification of a positive decision, in accordance with the terms approved by the Russian Government means MSC should be listed in the creditor (lender's representative) for details specified in the application within 2 months from the adoption of a positive decision.
Step 3. Interaction with the lender (lender's representative) after notification of a positive decision on the application for the disposal of funds GMT.
It is recommended to inform the lender (the representative of the creditor) the timing and amount of funds allocated from the funds to repay the remainder MSC principal and interest on a mortgage or loan. The procedure provided by law, but in order to avoid unforeseen situations in accordance with the terms of the credit agreement or loan agreement should:
1. Apply to the accompanying service company and fill out an application for partial or full repayment of obligations under a mortgage / loan at the expense of the WCS.
2. In the case of partial repayment of a mortgage / loan application must specify the chosen method of payment schedule changes: reducing the term of the loan / loan while maintaining the size of the monthly payments and save the current period of performance with a reduction in the size of monthly payments.
3. It should be borne in mind that the means of MSCs can be transferred to the account of the creditor (the representative of the creditor) for two months. In this connection, in the case of partial (full) repayment of the loan until the confirmation of receipt of funds to the lender (the representative of the creditor) the borrower will need to continue to make monthly payments in accordance with the terms of the credit agreement or loan agreement.
Recommendations:
Due to the lack of order and procedure of refund MSCs to the FIU in the case of an overpayment, as well as the timing of the transfer of funds is necessary to observe the following guidelines: The sum of MSCs directed to repay the loan should not be a difference remaining debt on the loan at the time of submission of the application and the amount of 3-monthly payments.
4. After receipt of funds on account of MSK creditor (lender's representative) if the loan is repaid incompletely, the payment schedule will be adjusted. For the new schedule of payments borrowers must apply in person accompanying a service company.
