The Federal Service for Supervision of Consumer Rights Protection told about the procedure for removing the bank's encumbrance on mortgages

When buying an apartment with a mortgage, the bank imposes an encumbrance on the purchased real estate for the duration of the loan and prohibits certain operations with the property. On Friday, January 17, Roskachestvo specialists explained how to remove this restriction.

The encumbrance is that when a person becomes the owner of the property when a mortgage is issued, but the object itself remains pledged to the bank.

"Until it is removed, you will not be able to conduct transactions with this real estate. Restrictions are determined by the terms of the mortgage agreement or other related documents, and they may vary depending on the bank itself," - quotes the message of the organization Lenta.Ru.

Thus, the owner may be allowed to live in the apartment without restrictions and make repairs, but you can not make redevelopment, sell, rent for more than a year or mortgage the property.

Information about the encumbrance is recorded in the Unified State Register of Real Estate (USRN) in the section "Restriction of rights and encumbrance of the real estate object", where the type of encumbrance "Mortgage" is indicated.

First, it is necessary to pay the mortgage loan in full. After that, the bank will initiate the process of removing the encumbrance and will notify the owner within two days. On average, the bank submits an application to lift the encumbrance within two weeks.

After receiving the documents from the bank, the Rosreestr will remove the encumbrance and update the data. You can also independently apply to the mortgage bank with an application for the transfer of the mortgage and receive it with a note on the repayment of obligations. After that, it is necessary to submit an application for the removal of encumbrances in the MFC.

The issue can be resolved remotely through the Rosreestr. To do this, it is necessary to have a confirmed account on the portal "Gosuslugi". In the personal account you can apply for the service "State registration of termination of restriction of right or encumbrance of the real estate object", where you should specify the data of the right holder, cadastral number of the property and information about the encumbrance. The status of the application can also be tracked there.

The service is provided free of charge. On average, the process takes up to five days after Rosreestr receives the information. Information on the removal of encumbrance should be checked through Rosreestr. You can also order an extract from the USRN through the portal "Gosuslugi". This will be paid.

Earlier, December 28, 2024, an expert on residential real estate, private realtor Anna Dyagileva told "Izvestia" that you can buy a new apartment not only from the developer, but also from an individual.

She noted that there are a number of important points that must be paid attention to in order to check the seller, the apartment and the correct closing of the transaction. Thus, in the case of an assignment transaction, when not the apartment itself is sold, but the right to claim it from the developer upon completion of the building, it is extremely important to pay attention to the fact that this object was formalized and purchased under the equity participation agreement (ECA). In addition, the money should be credited only to the escrow account without cash transfer or crediting to any third-party bank account, the expert emphasized.

November 25, Chairman of the State Duma Committee on Property, Land and Property Relations Sergei Gavrilov said that the encumbrance in the form of a pledge is not automatically removed from the apartment. It must be done by the seller after receiving all the money from the home buyer and registration of the new owner in the Rosreestr, reports 360.ru.