Is it possible to register a child in a mortgaged apartment with an encumbrance?

Legislative acts

The procedure for registering citizens in mortgaged housing is regulated by the following regulations:

Civil Code of the Russian Federation;
Federal Law “On Banks and Banking Activities”;
Federal Law No. 5242-1 of June 25, 1993 “On the right of citizens of the Russian Federation to free movement, choice of place of stay and residence within the Russian Federation”;
Housing Code of the Russian Federation;
Federal Law No. 102 of July 16, 1998 “On Mortgage”.

Most people believe that the owner of housing purchased on credit is a financial institution. Actually it's not like that .

By law, the borrower is considered the owner of the mortgaged apartment. In this case, the bank has the right to control actions related to real estate, up to full repayment of the debt.

A careful analysis of the above documents shows that mortgaged housing is not subject to sale, gift or any other type of alienation. But there are no restrictions on registration, so to the question: “Is it possible to register a child in an apartment taken on a mortgage?” you should answer: “You can!” .

The procedure is absolutely free and cannot be subject to government fees.

Why does a child need registration?

Many are still convinced that there is no need to register the baby, that this is just a whim of the parents. Actually this is not true. Even a recently born child, just like any adult, needs registration where he lives.

If the child does not have a residence permit, parents cannot:

write it down in the appropriate column “About children” in the civil passport,
make him a foreign passport, so the baby won’t go on vacation with his parents,
count on a free home call from a local pediatrician when your child gets sick.

And if the first two points do not particularly burden parents, then the last one brings quite serious inconvenience.

The simplest situation is when family members (borrowers and co-borrowers) took out a mortgage on the apartment and moved into it before the baby was born. In accordance with the law, at the birth of a baby, he must be registered at the place of registration of one of the parents.

Features of registering a child in a mortgaged apartment

According to the legislation in force in Russia in 2021, children under 14 years of age must have the same registration as their parents, guardians or other legal representatives. However, in the case of housing purchased on credit, several important features should be taken into account.

If newborn babies, as well as those born after their parents moved into mortgaged housing, are automatically registered at the place of residence of the mother and father, then with older children everything will be completely different.

So, if the possibility of registering a child is not initially indicated in the mortgage agreement, the borrower must contact the bank himself to obtain its written consent (to do this, write an application in free form).

You can also provide a notarized obligation to release children. If this is not done, the lender may prohibit the registration of minors at the mortgage address.

For a successful outcome of the case, both parents must be registered in the purchased apartment . In addition, there must be no fines in their credit history.

As for guardians and trustees planning to change the place of registration of the ward, they need to obtain permission not only from the bank, but also from the guardianship authorities. In this case, the reason for refusal may be the insufficiently large area of the new housing (smaller than where the minor currently lives).

Many borrowers are interested in whether they can take away an apartment for mortgage debts if a child is registered? The financial institution that provided the loan for the purchase of housing has the right to do so.

And in order to protect their interests and avoid lawsuits, banks may require a written commitment from the client to discharge the minor from the mortgaged apartment in the event of debt and subsequent seizure (Article 78 of the Law “On Mortgage”).

Re-registration to another housing

If you need to re-register a minor child from one apartment to another housing that is pledged to the bank, you must follow the following sequence of actions:

Obtaining permission from the guardianship and trusteeship authorities to re-register a minor (in some cases not required). The main requirement of the institution is that new housing for a teenager should be no worse than the old one. The area, location (proximity to school), serviceability of plumbing and heating, and availability of electricity are assessed.
Collection of documents. In the case of a minor child (14-18 years old), the following documents will be required:

passports of both parents (guardians);
the child’s birth certificate and his own passport;
marriage registration certificate;
mother’s consent (if re-registration takes place in an apartment registered in the father’s name);
application for discharge and subsequent registration from parents (one of them) in the prescribed form;
the same statements, only on behalf of the child himself.

If you need to re-register a minor (under fourteen years of age), a separate application from the teenager himself is not required.

Contact any registration authority and receive a receipt from the employee who accepted the package of documents confirming receipt of the originals.
Waiting for the result. You should show up for him with a receipt for accepting the package of documents.

Documents for registration

In order to register a minor in a mortgaged apartment, parents or legal guardians must prepare the following package of documents:

Internal passports of owners of living space (originals and copies);
Child's birth certificate (originals and copies);
A mortgage agreement with a clearly stated clause on the possibility of registering minors or the written consent of the lender;
Extract from the Unified State Register of Real Estate;
Marriage certificate or other document confirming paternity;
Extract from the financial and personal account (FLA);
A written statement regarding the registration of the child at a specific address;
Tear-off coupon or sheet of departure from the last place of registration (form No. 7);
Military ID (for those liable for military service);
Certificate of family composition (taken from the passport office).

If the parents live separately, then the one with whom the child will not live must give written permission to register their son or daughter in the mortgaged property.

Nuances about registering a child with a mortgage

The main feature concerns the registration of a child in a living space where the parents are not registered. In this case, the issue of permanent residence of the child is regulated by the general provisions of the relevant Government Resolution. If we look in more detail, it says that:

if the child is under 14 years old, he cannot be registered in an apartment in which neither of the parents is registered,
if he is older than the above age, he is given the right to register anywhere, but with written permission from one of the parents and homeowners.

Thus, when considering the issue of registration in a mortgaged apartment without parents, you need to be guided, first of all, by the age of the child.

Registration procedure

To register children in mortgaged housing, you must go through a procedure consisting of several stages:

Step 1. Personal visit by the owner of the apartment to the local FMS (passport office). In addition, the borrower can submit an application to the MFC, whose employees will hand over the paper for its intended purpose. As a general rule, the applicant for registration must also appear at the FMS along with the owner of the property.
Step 2. Filling out the registration application (form No. 6). Subsequently, it will become the basis for moving into the apartment.
Step 3. Submission of documents.
Step 4. Filling out a tear-off coupon - if the child is not deregistered at the previous place of registration.
Step 5. Waiting for a response. It takes up to 3 working days to check the documents, after which employees of the Federal Migration Service or MFC are obliged to either put a stamp confirming the registration of the minor at the specified address, or refuse registration (if there are serious reasons).

Procedure for registering a newborn

Before you start registering a new family member in mortgaged housing, you should obtain a birth certificate from the registry office.

Registration of a newborn in the civil register should be done during the first month of the child’s life; another seven days after receiving the first document is the period allotted by law for registering the baby.

You should contact one of the registration authorities with a birth certificate and a package of other necessary documents. This could be the nearest passport office, a branch of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation, a MFC (multifunctional center) or the State Services Internet portal.

You must provide the following package of documents:

child's birth certificate;
passports of legal representatives of the interests of the child;
application in the prescribed form;
certificate of registration of parents' marriage.

If the housing in which the baby is planned to be registered is registered in the name of the father, the mother’s separate consent will also be required.

Is it possible to register a child without the consent of the creditor?

Many parents are concerned about the question of whether the bank’s consent is needed to register children in mortgaged real estate and what to do if the financial institution does not give such permission? Unfortunately, such problems arise very often, because on the one hand, the presence in a loan agreement of a ban on registering the borrower’s children is legally void, and on the other hand, banks strongly recommend compliance with this recommendation.

If faced with such a situation, the borrower can use the following algorithm of actions:

Contact the regional unit of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation at your place of residence (passport office) with an application and all necessary documents.
If the employees of the passport office begin to demand the written consent of the bank, remind them of the norms of the current legislation:

Art. 20 of the Civil Code of the Russian Federation, according to which the child’s place of residence is the place of registration of his parents;
Art. 3 of the Law of the Russian Federation No. 5242-I of June 25, 1993, obliging every citizen of Russia to obtain permanent or temporary registration;
Decree of the Government of the Russian Federation No. 713 of July 17, 1995 (as amended on December 23, 2016) on the procedure for registering Russians at their place of residence;
Art. 64-65 of the Family Code of the Russian Federation on the parental rights of Russian citizens.

If you receive a refusal to register, file a complaint with the city or regional department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs and send it by registered mail with acknowledgment of receipt.
If you receive a negative answer, file a statement of claim in court with a copy of the response letter attached.

Penalties imposed by the bank after successful registration of children at the place of residence of the parents should also be challenged through a lawsuit.

The only way to avoid conflicts with a financial institution is to carefully study all the clauses of the mortgage agreement and consult with a professional lawyer. If you are categorically not satisfied with the provisions regarding registration, look for a more loyal lender.

Preventing conflicts with a financial institution

To avoid possible conflicts with a financial institution even at the stage of preparing documents for registering a child in a mortgaged apartment, it is advisable to notify the bank of your intention. Most lenders require the following documents:

notification in the prescribed form about the decision to register children or third parties in housing;
application for mandatory deregistration of children in case of violation of mortgage obligations.

To register third parties, it is necessary to notify the bank and obtain permission from the financial institution, but “the place of residence of children under 14 years of age is considered to be the place of residence of their legal representatives” (Article 20 of the Civil Code of the Russian Federation). Therefore, according to the requirements of the law, they can be registered even in a mortgaged apartment.

Why can they refuse?

Most often, the reason for refusal of registration is an insufficient package of documents or incorrect execution of the application (free form instead of the established one). The solution in this case is simple - you should add the necessary papers to the list or rewrite the application.

A refusal can be obtained when trying to register a minor with relatives or other persons. By law, a teenager under 14 years of age must be registered with his parents, one of them or other legal representatives.

Please note: to save your time, it is better to immediately collect all the necessary documents and ask an employee of the registration authority to check the correctness of the paperwork.

If you want to temporarily register relatives or one of your friends in the mortgaged apartment, then in this case there will be a refusal. Since the mortgagee is the bank, administrative actions depend on its actions.