The expert named the procedure for the sale of a mortgage apartment
It is possible to sell an apartment with a valid mortgage, but such a transaction requires careful preparation. It is necessary either to pay off the debt and remove the encumbrance, or to correctly arrange its transfer to the new owner, ensuring legal transparency and security for all participants. Natalia Gazetdinova, head of the Mortgage Lending Department at Granel Group, told Izvestia on June 6 how to conduct such a transaction without risks.
According to the expert, the presence of collateral limits the owner's ability to manage real estate: without the approval of the bank, he cannot sell or donate the object. That is why most buyers prefer that all restrictions be lifted before registering the transfer of ownership.
"The first step is to request from the bank a certificate of the remaining debt and the terms of early repayment. The document will specify the exact amount of the debt, accrued interest and possible additional payments," explained Gazetdinova.
There are several ways to conduct such a transaction. The easiest option is to completely close the mortgage before the sale. After repayment of the loan, the bank removes the collateral, and the object can be sold without additional restrictions. If the owner is not ready to settle with the bank ahead of schedule on his own, a scheme is used with simultaneous repayment of the debt during the transaction. In this case, the parties agree in advance on the settlement procedure, for example, through a letter of credit. Part of the buyer's funds is used to close the loan, and the remaining amount is transferred to the seller. After that, the bank removes the encumbrance, and ownership passes to the new owner.
Another option is to transfer obligations to the buyer. In such a situation, the credit institution either renegotiates the existing loan or enters into a new agreement. However, this mechanism is applied only with the consent of the bank and the confirmed solvency of the new borrower.
The expert recommends discussing all the technical nuances with the lender in advance: the procedure for debt repayment, the list of necessary documents, the timing of the withdrawal of collateral and the issuance of a mortgage, if it was issued. It is also advisable to obtain written confirmation of the loan closing procedure.
In the secondary market, a letter of credit is most often used for settlements: money is reserved in the bank and transferred to the seller only after all the terms of the transaction are fulfilled. When assigning claims under an equity participation agreement, the mechanism is different: the funds are held in an escrow account, which is reissued to a new participant after registration of the assignment agreement.
One of the main risks remains the situation when the debt has not been fully repaid, so it is important to request from the bank an official calculation of the amount to be paid and documentary confirmation of the full closure of obligations. If it is a question of transferring a loan or assignment of rights, it is necessary to clarify in advance the requirements of the credit institution for the new borrower.
"There are several ways to sell an apartment with a valid mortgage: completely close the debt before the transaction, make settlements with simultaneous repayment of the loan, or transfer obligations to the buyer. The main thing is to ensure transparency of the process and coordinate all actions between the parties and the bank. With proper preparation, such a transaction takes place safely and without unnecessary difficulties," Gazetdinova summed up.
On May 29, Elina Khannanova, Vice President of Sales at Granel Group, named factors that increase the value of an apartment during resale. According to her, it is the location that generates more than half of the cost of the apartment. In prestigious areas of large cities, housing of a similar size can cost 50-70% more than on the outskirts. Transport accessibility also plays a significant role: proximity to the metro within 10-15 minutes on foot increases the price by 10-20%, and proximity to parks, embankments and green areas — by another 15-25%.
Переведено сервисом «Яндекс Переводчик»