Targeted loan agreement - in 2021, sample, for the purchase of housing, interest-free, for construction, with collateral

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When there is a certain goal, it is worth achieving it! But sometimes there are not enough funds to achieve it.

You can get a targeted loan! Let’s look further at how to do this correctly in 2020.

How to prepare a contract

Before concluding a loan agreement, it must be prepared. If we are talking about buying a home, then the loan amount will clearly exceed 10 minimum wages, that is, approximately more than 58 thousand rubles.

As stated in Art. 808 of the Civil Code of the Russian Federation, such an agreement must be concluded in writing. This condition applies if the parties to the agreement are individuals.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (499) 938-81-90 (Moscow)

+7 (812) 467-32-77 (Saint Petersburg)

8 (800) 301-79-36 (Regions)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

If one of the parties is a legal entity, then concluding an agreement in writing is also mandatory.

For the contract to be considered concluded, all conditions of the conclusion must be met. The contract must contain both mandatory conditions and additional ones.

It is worth remembering that a loan agreement, even a targeted one, is a real agreement, that is, it is considered concluded not from the moment of signing, but from the moment of transfer of funds.

To confirm the agreement, you can also draw up a receipt for receipt of funds. This will be additional evidence in court if the borrower does not repay the debt on time.

The parties should decide before signing the contract whether there will be a deposit or not. If the borrower takes out a loan to purchase a home with collateral, then this must either be reflected in the loan agreement or a separate collateral agreement must be drawn up.

If the collateral is real estate, then both agreements will need to be registered with Rosreestr.

For what purposes is it most often provided?

Most often, targets are issued:

for the purchase of cars;
for the purchase of housing.

Other areas, such as payment for educational and medical services, creation and development of business, although they have their place, are still not so popular.

Such rapid development of the mortgage and car lending market is due to:

high customer demand for this branch of the financial market;
the desire of the banks themselves to provide such loans.

Credit structures are interested, for the most part, in mortgages:

the mortgage is secured by a mandatory encumbrance on the purchased property, which serves as an additional guarantee;
The loan terms are quite long, which provides the bank with enormous profits in the long term.

Read the article about microfinance organizations that issue microloans at low interest rates. Online microloan before payday from the Home Money company, more details here.

For the purchase of housing

Mortgage is the most popular area of lending among both financial institutions and individuals.

Mortgage loans are issued for long terms (usually from 5 to 30 years) and involve the issuance of a significant amount of money. The borrower must make a down payment of 20 to 50% (on average).

The final mortgage amount is determined as the difference between the price of the property and the size of the down payment.

Banks, as a rule, enter into one contract with the client. There is no need to draw up a separate document on the pledge - this rule is stipulated by the provisions of Part 1 of Art. 10 Federal Law No. 102.

The agreement is subject to state registration with the Rosreestr authorities. The procedure for state registration is specified in Art. 10 Federal Law No. 102.

Until the debt is repaid in full, the property cannot be disposed of - sold, exchanged or donated. Of the property rights, the borrower has only the right to use.

According to Art. 9 Federal Law No. 102, the mortgage agreement must contain:

subject of mortgage;
collateral assessment;
the essence, size and duration of the obligations secured by the mortgage;
procedure for foreclosure of pledged property.

A sample mortgage contract can be downloaded here.

For education

One of the types of targeted loans includes educational loans. Products with such a focus can be found infrequently - usually only in large and reputable banks.

For example, until recently, Sberbank provided educational loans with government support.

At the moment, the program has been suspended, and we can only hope that in the foreseeable future students will again have the opportunity to “study now and pay later.”

The terms of such loans are generally extremely favorable, because they are provided to one of the socially vulnerable groups of the population:

amount – up to 100% of the cost of educational services;
rate - from 7 to 13% (on average, and in Sberbank - 7.5%);
The loan term is 10 years (at Sberbank the loan term is calculated as the period of study + 10 years).

As a rule, education loans are issued to pay for the services of any educational institutions accredited by the Ministry of Education and Science of the Russian Federation. And only in certain cases can restrictions be established by category of university or college.

Specific conditions must be clarified with the lending organization.

For construction

A loan for the purpose of carrying out construction and installation work is essentially similar to a mortgage.

The only difference is in the method of providing funds - unlike a mortgage, a line of credit is used here (money is issued in stages - as the main stages of construction are completed).

The borrower is obliged to regularly provide the bank with a report on the completion of contract work. Checks and receipts indicating the purchase of building materials or payment for contractors' services will confirm the intended use of funds and allow the bank to issue the next amount of money.

Typically, loans for housing construction are issued under the following conditions:

amount – up to 1,500,000 rubles;
term – from 5 to 15 years;
interest rate – from 10 to 12% per annum.

Banks issue money only after receiving all necessary permits and licenses for construction. The documentation is issued by the structural unit of the local government that exercises control over housing and urban planning.

Other

In addition to the above, other types of loans can be issued:

to pay for expensive medical treatment;
for the purchase of household or digital equipment;
to pay for sanatorium-resort treatment.

Regardless of the specific purpose, it must be clearly indicated in the agreement, and the subject of the pledge, if any, must be described with individual identifying features.

Conditions

To conclude a targeted loan agreement for the purchase of housing, you need to reflect the following conditions:

details of both parties: for an individual – full name, passport details, registration and residence address, if they differ. For a legal entity - full name, document on the basis of which the legal entity carries out its activities, represented by (full name and date of birth), INN and KPP;
the subject of the agreement is the amount of money that is issued to the borrower. In this paragraph, it is necessary to indicate that the purpose of the loan is to purchase a home. The amount must be indicated first in numbers and then in full in words. The same paragraph indicates whether the lender charges interest for using the loan or not;

If there is no such interest, then the loan will be interest-free. If there is a deposit, it is also mentioned in this paragraph.

rights and obligations of the parties. Only the borrower has an obligation under the loan agreement - the obligation to repay the debt on time. And the borrower has the right to demand early repayment of the entire loan if the borrower violates the terms of the loan;
If the agreement provides for interest on the use of the loan, then this clause must be included in the agreement. Here you should indicate the amount of interest, the procedure and terms of their payment. If the loan is interest-free, then this clause can be excluded;
liability of the parties - this clause provides for sanctions for the parties for violating the terms of the contract. This may include fines in a fixed amount, or interest for each day of delay;
force majeure - this clause discusses conditions of force majeure that may prevent the parties from fulfilling the terms of the contract;
confidentiality – conditions of non-disclosure;
dispute resolution – the procedure for resolving conflict situations that may arise between them. Here you also need to discuss the “threshold” when you should go to court;
the duration of the agreement and the conditions for its early termination;
final terms;
details and signatures.

Required documents

To conclude a targeted loan agreement for the purchase of housing, you must prepare the following documents:

passport (for an individual) and Charter (for a legal entity);
if the agreement provides for collateral, then documents confirming the borrower’s ownership of the collateral;
preliminary agreement for the purchase of housing indicating its cost;
documents confirming the seller's ownership of the purchased property. If the property being purchased is on the primary housing market, then the developer’s documents.

The conditions for granting loans from the company ZaimBeri are discussed in the article: ZaimBeri. A sample loan agreement for a founder to a legal entity can be found on the page.

Advantages of a loan from an employer over a mortgage

The advantages of a loan from an employer for the amount of a maternity certificate compared to a mortgage with maternity capital are obvious:

no need to collect packages of documents and apply for a mortgage online;
there is no need to conduct a real estate appraisal;
lack of insurance;
and overall saving time and money.

Taxation

Taxation of a loan is relevant if the loan is interest-free or the interest on the loan is less than the refinancing rate of the Central Bank of the Russian Federation on the day the transaction is concluded. From February 2014 to the present day, the refinancing rate of the Central Bank of the Russian Federation is 8.25% per annum.

In this case, material benefit arises. On this benefit, only an individual is required to pay income tax in the amount of 13% of the benefit amount. A legal entity does not include economic (material) benefits in the base for taxation of profits.

The amount of material benefit received is calculated according to the following formula:

Mat. benefit = (2/3 * 8.25% * loan amount) * number of days of use / 365

For example, Ivanov received 545 thousand rubles to purchase housing for 2 years without interest. The amount of material benefit is equal to: (2/3 * 8.25% * 545,000) * 730 / 365 = 59,950 rubles for 2 years. Therefore, he must pay 59,950 * 13% = 7,793.5 rubles for 2 years.

However, according to paragraphs. 1 clause 1 art. 212 of the Tax Code of the Russian Federation states that the material benefit generated from savings on interest on a targeted loan for the purchase of housing is not subject to personal income tax.

In addition, if the borrower is a personal income tax payer, that is, carries out official labor activities in the territory of our country, then he has the right to receive a property deduction.

Procedure for applying for a targeted loan

In order to apply for a loan for an apartment (mortgage), you must follow a certain procedure (algorithm) of actions:

Selection of a property that will suit the future buyer in all respects (price, area, etc.).
Selecting a bank .
The complexity of this procedure is that there are a large number of loan offers from various banks, and you need to choose one and the most profitable one for the borrower. As a rule, the interest rate on a loan is practically the same if you compare it in different banks. However, credit institutions often do not initially inform about what lies behind the small interest rate (it may include various types of commissions for any actions, they require mandatory insurance of collateral, life, etc.).
Collecting documents and obtaining approval from a credit institution to issue a loan. It’s better to play it safe and apply to more than one bank. The processing time varies from 3 to 30 days.
Concluding a loan agreement for the purchase of real estate. Before this, the apartment will undergo mandatory assessment and insurance .
Directly completing a purchase and sale transaction and registering it with Rosreestr.

As a result, the bank transfers the funds, and the buyer settles with the seller of the apartment.

Requirements of banks for the borrower

Not every citizen can purchase a home with a mortgage loan. There are a number of mandatory requirements for it:

A citizen of the Russian Federation must be 21 years old and must complete repayment of such a loan before the age of 65.
Official employment for at least six months .
If a person is officially married, then the second spouse must be a co-borrower . It does not matter whether he has an official income.
A citizen must have good solvency , which he must document.
The borrower must be registered in the region in which the property is purchased.

Before submitting an application and documents for a targeted loan, you need to realistically assess your strengths in material terms. Although the bank will check the borrower’s solvency, the main responsibility for making monthly payments lies with him.

A mandatory condition for concluding a mortgage agreement is insurance of the purchased home against accidents.

And only after that the mortgage is registered in Rosreestr and an encumbrance on the apartment. It is possible to remove the encumbrance only after full repayment of the debt to the bank.

Documents required to obtain a loan

First of all, you need to convince the bank from which you plan to take out a loan to buy a home of your solvency. The list of documents required to obtain a loan may differ slightly from one credit institution to another. However, you will definitely need:

identity document - passport;
Marriage certificate;
a document confirming official employment - this is usually a work book;
certificate of income 2-NDFL (or a version of the certificate can be offered by the bank itself).

This list is provided by the borrower so that the credit institution can decide whether to approve the loan or not.

that the borrower can count on in the event of a positive decision by the bank also determined

If the bank has approved the loan, then the buyer provides the following documents :

All available documents for the property. This could be, for example, a certificate of registration of ownership of the seller or a construction permit from the developer, a title document (sale and purchase agreement, gift, etc.);
Sale and purchase agreement for an apartment.
Cadastral passport and technical plan of the apartment. The bank will check whether there were any redevelopments and, if so, whether they were legalized.
Real estate appraisal report.
Apartment accident insurance policy.

All documents must be provided in originals or notarized copies . The list of documents required by a particular credit institution may change.

Does the contract need to be notarized?

The law does not specify that the loan agreement must be certified by a notary. But it is better to do this for several reasons:

The notary will check the correctness of the agreement. He does not have the right to certify a document that is drawn up incorrectly and does not comply with current legislation. An incorrectly drafted contract may result in the transaction being declared invalid in court;
the notary is an additional witness that the targeted loan agreement took place. Even if any disputes arise between the parties, the notary can act as an additional witness.

It is better to have a targeted loan agreement for the purchase of a home notarized. This way, in the event of a trial, there is a greater chance of proving one of the parties is right.

If a loan agreement is accompanied by a collateral agreement, and its subject is real estate, then both agreements will need to be registered with Rosreestr.

This must be done because the pledge agreement is not an independent pledge, but is an annex to another agreement, in particular to a targeted loan agreement. Therefore, both agreements need to be registered.

Responsibility of the parties

The responsibility of the parties is an essential condition of any type of loan agreement, including a target one. This clause provides for the liability of both parties for violation of the terms of the contract.

Liability can be assigned only within the framework of current civil and administrative legislation.

Most often, liability is established for the borrower. It is he who can violate the terms of the contract by not repaying the debt on time or not paying interest.

The liability of the parties under the loan agreement for violations of the terms of repayment of the principal debt, as well as the procedure and timing for payment of interest on it, can be established in the form of:

percent for each day the return is late. This may be a strictly specified interest rate - 0.01% of the principal amount for each day of delay. Or you can specify 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay. The value of the refinancing rate of the Central Bank of the Russian Federation for calculation is indicated on the date of debt repayment. From February 2014 to the present day, the refinancing rate is 8.25% per annum;
fixed amount of penalty for non-return. For example, the agreement may indicate that the borrower must pay a fine in the amount of, for example, 6 thousand rubles for each full and partial month of delay if he does not repay the debt on time;
You can establish “mixed” liability – a fine and penalties. Then the contract will need to indicate a “fine for late debt.... Rubles and penalties in the amount of... for each day of delay."

If the borrower violates the terms of the agreement at least once, the lender has the right to demand early repayment of the entire debt with interest, if any. But this also needs to be stated as a separate clause in the contract.

It is imperative to discuss the borrower’s responsibility for providing false or incomplete information about himself and his financial situation, as well as if a decision is made by government authorities in relation to the borrower’s property, which is the subject of collateral or ensures his financial well-being.

A targeted loan agreement for the purchase of housing is one of the varieties of a standard loan agreement, therefore, the provisions of civil law must be applied to its conclusion.

It can be interest-bearing or interest-free, fixed-term or unlimited – these points are discussed by agreement of the parties. Any changes to the terms of the contract are formalized by an additional agreement only by mutual agreement of the parties.

For customer reviews of the Centrozaim company, see the comments to the article: Centrozaim. To draw up an agreement to terminate the loan agreement, see the sample.

The procedure for registering a loan agreement in Rosreestr is described here.