How to transfer a mortgage to another person in various situations: tips

Is it possible to re-issue a mortgage at Sberbank to another person?

Expert opinion
Irina Bogdanova

Work experience at Sberbank for 12 years.

Re-registration of a mortgage to another person in Sberbank is carried out within the framework of Federal Law dated July 16, 1998 N 102-FZ. An apartment purchased on credit can be re-registered in the name of another person if the requirements established by law are met.

The lender also offers other programs, including refinancing an existing loan received from another bank. According to statistics, most borrowers resort to the re-registration procedure due to difficulties with repayment. Sberbank offers low rates for refinancing to ease the credit burden on the payer.

Most often, loan renewal is required in the following cases

in case of serious illness or disability of the borrower;
with a sharp deterioration in financial situation;
during a divorce. Read more about how to properly divide a mortgage during a divorce at this link;
when moving to another city or abroad;
upon the death of a close relative with whom payments were made.

It will most likely not be possible to perform manipulation just like that, without any special reason. Banks are extremely reluctant to change the terms of agreements without serious reasons.

The main reasons for re-issuing a mortgage to another person

The loan can only be transferred to another person with the consent of the mortgagee, i.e. the bank that issued the loan. To approve the transaction, it is necessary to submit an application indicating the objective reasons for the re-registration.

After the lender evaluates all the circumstances, a decision will be made on the application. If a positive verdict is made, the mortgage re-registration procedure begins.

Transfer to another bank

Due to high competition, credit institutions attract existing borrowers from other banks with favorable refinancing conditions.

Important! In this case, the consent of the primary creditor is not required!

Today, Sberbank offers the lowest interest rates on lending and refinancing, so the transition procedure is not justified.

Change in marital status

In case of divorce, the re-registration procedure is relevant when the property remains with one spouse, and the other pays the mortgage.

If the applicant provides a divorce certificate and a 2-NDFL certificate, the bank will approve the application.

How to renew a mortgage loan during a divorce

When spouses divorce, the procedure is formal, since in most cases the husband/wife act as guarantors/co-borrowers.

Stages of re-registration of credit obligations:

The parties are obliged to independently come to a common decision regarding the acquired property.
The spouses collect the necessary documents (passports, 2-NDFL, divorce certificate, mortgage agreement).
Together with the loan manager, they submit an application for a mortgage transfer.

After submitting the application, the documents are sent to the assessment department to verify the data received. If a positive decision is made, the parties are required to come to the bank branch to re-register the agreement.

Withdrawal of a co-borrower in the event of his death

In the event of the death of the borrower, all loan obligations pass to the heir of the property. With the consent of all parties to the transaction, the withdrawal of the deceased from the contract is carried out immediately. In some situations, a court order is required. Then the interested party receives a court ruling and then sends the documents to the creditor. It also happens that debtors are refused, so the removal of the deceased is carried out after an official decree.

You can transfer a mortgage to another person in the event of the borrower’s death by following simple recommendations:

The applicant must prove that with the withdrawal of the deceased, the bank will not suffer losses.
The application must not mention financial problems. The bank may consider that the client has poor solvency.

Deterioration of the borrower's financial situation

In a difficult financial situation, in the absence of funds for repayment, the client may ask to change the borrower on the Sberbank mortgage. But it is important that the applicant meets the bank’s requirements.

Translation stages:

An application is drawn up indicating the objective reasons and details of the new borrower.
The creditor checks the identity of the future debtor within 1-5 days.
If approved, the bank enters into an agreement with the new borrower and re-registers the mortgage.

If the borrower's financial situation worsens, the bank may offer debt restructuring or, in extreme cases, the sale of the mortgaged apartment.

Re-registration as a spouse

Often people get divorced during the term of the loan agreement. Everything will go smoothly if the spouses manage to agree on the division of property peacefully, without going to court. In this case, the bank calmly agrees. The second spouse is most likely a co-borrower and/or guarantor. The bank carried out the necessary checks during the initial agreement.

The situation becomes more complicated if the spouses fail to reach an agreement. In court, property is divided, but the debts of the spouses are divided in the same ratio. In this case, it is not profitable for the bank to enter into separate agreements for shares of the apartment. If one of the creditors stops paying, it is much more difficult to collect a share of the apartment than the entire apartment. More often than not, the bank refuses to reissue such a mortgage. One spouse continues to pay, and the second either voluntarily reimburses the payer for the payments, or the latter collects them in court.

If you decide to get a divorce, and the apartment is shared with a mortgage:

try to divide the property so that the mortgaged apartment goes to one of the spouses;
when the apartment is divided in half, immediately agree with your ex-spouse on the procedure for making mortgage payments;
during court proceedings, bring to the attention of the court the order of payment of mortgage payments, and not just the division of obligations.

Who can reissue a mortgage loan for: requirements for a new client

Each borrower has the opportunity to replace debtors, unless otherwise specified in the mortgage agreement. Re-registration is possible while maintaining the loan term.

Re-registration as a co-borrower

The owner of the apartment can reissue the mortgage to a co-borrower. In most cases, they are the spouse of the person taking out the home loan. It is important that the future payer meets the bank’s requirements:

age – from 21 years;
work experience – from 6 months, total work experience – over 1 year;
official income meets the bank's conditions and is confirmed.

There are no special profitable lending programs; the transition is carried out on general terms.

Re-registration from husband to wife and vice versa

It is also possible to re-issue a mortgage for a husband and wife, but provided there is no prenuptial agreement. In some cases, one of the spouses buys out the debt of the other and registers the property in their name.

For an adult child

Renewal of a mortgage loan for a child is possible only if he has reached 18 years of age, meets the age limit and has an officially confirmed income level with the required work experience.

To another relative or stranger

The law does not prohibit re-issuing a housing loan to third parties, the main thing is that they meet the requirements of the credit institution.

What does the law say?

In the Russian Federation, the law states that there are only two reasons according to which a financial company can approve such transactions. And this:

re-issuance of a loan to another person;
refinancing, thanks to which a bank client is refinanced with another financial company.

The main law regulating this issue is the Federal Law “On Mortgage”, Article 77.

If the home is re-registered during the divorce process, then the Family Code and articles 33 to 39, as well as articles 45 and 60 are also taken into account. The interests of not only the husband and wife, but also minor children are taken

How does the process of re-registration of a mortgage take place at Sberbank?

To transfer a mortgage to another person, you must go through all the stages, from submitting an application to transferring ownership of the apartment.

Client contacting the bank

You can fill out an application to re-issue a mortgage to another person only at the bank branch where the loan was issued. When drawing up an appeal, special attention should be paid to the reasons for the transfer of debt obligations and rights to real estate.

Submission of a package of documents

After completing the application, the lender must provide the following documents to the future borrower:

Passport.
INN, SNILS, military ID, international passport.
A copy of the work book.
Certificate in the form of a bank or 2-NDFL (for 6 months).
Certificates of marriage/divorce and birth of children.

When contacting the bank, the current owner of the property needs to have with him a passport, an application for renewal and a mortgage contract.

Important! In some cases, the contract is concluded without the possibility of renewal; this condition cannot be appealed.

Checking a potential debtor

After submitting all the necessary documents, the application is submitted to the assessment department for consideration. The organization carefully studies the specified data, comparing them with the requirements of the bank.

In addition to the general criteria, the applicant requires: a good credit history without arrears, high income and Russian citizenship.

The consent of the creditor bank can be obtained only if all established requirements are met.

Bank decision making

Application processing time is 1-5 days. The bank can delay making a decision only if false information is provided, income is overstated, or the borrower is blacklisted.

Signing the necessary documents for re-registration

After approval, the date for signing the document is agreed upon with the borrower and the new payer. The previous owner of the apartment fills out an application for full early repayment using the funds received, and the new borrower applies for a loan.

Then a purchase and sale agreement is concluded with the registration of a mortgage, and ownership rights are re-registered at the Registration Chamber.

Pros and cons of re-registration of a mortgage

Renewal of a mortgage may be due to various reasons. The main advantage of the procedure is the ability of a person to get rid of credit obligations.

After completing all stages, the former debtor receives the following benefits:

Increase in the family budget, as the cost of paying monthly fees is eliminated;
Improved psychological state due to the lack of obligations and fears regarding the impossibility of repaying them;
Maintaining a good quality credit history, the ability to obtain new loans.

The disadvantages of re-registration of a mortgage include the following points:

Loss of the opportunity to own real estate in the future for the purchase of which a loan was issued;
Lengthy process of approval with the bank and collection of documents;
The need for additional costs associated with the renewal of an agreement with a bank, insurance organization and payment for the services of an appraiser.

Sometimes the re-registration procedure is used by citizens when they need to sell an apartment that was purchased with mortgage funds. In this case, the buyer pays a certain cost of the property, and takes on the repayment of the remaining debt. The complexity of such a scheme is due to the fact that it is difficult to find such a person and obtain the bank’s consent. In this regard, sellers set a lower price for the apartment, which increases the chances of concluding a deal, but entails a loss of profit.

Requirements of a credit institution for a new borrower

The procedure for re-issuing a mortgage to another person can only be carried out if the new borrower meets the bank’s requirements:

Availability of Russian citizenship and permanent registration in the territory of the constituent entities of the Russian Federation.
Age – from 21 to 70 years at the time of the last payment.
Work experience of at least 6 months at the current place. Total labor period – more than 1 year.
Income is officially confirmed by a certificate in the form of a bank or 2-NDFL. The mortgage payment should be no more than 40% of total earnings.
Excellent credit history.
There are co-borrowers or guarantors. They serve as a guarantee to the bank and increase the chances of approval.
No criminal record.

Why are payers forced to reissue a mortgage?

The re-registration procedure is carried out in accordance with the Law “On Mortgage”.

Typically, payers transfer the mortgage apartment to another person due to financial difficulties. Sberbank may offer refinancing of a mortgage loan taken out from another bank. In this case, the client can continue to deposit funds, but on more favorable terms: low interest rates and small monthly installments.

You can re-register a mortgage for an apartment after an agreement with the creditor bank. To begin with, an application is submitted, which indicates the specific basis for re-registration. The bank reviews the request, analyzes it, makes a decision and reports it. Sberbank can either approve the application or reject it.

If bank clients switch to other financial companies to refinance an existing loan, they have the right to transfer the mortgage to another person. When restructuring a mortgage, borrowers continue to perform banking duties independently, since Sberbank offers a minimum interest rate.

Let's take a closer look at the possible reasons for re-issuing a mortgage.

Divorce

Usually, when spouses divorce, the apartment remains to one of them. If the mortgage continues to be paid by a person who no longer lives in the mortgaged apartment, he can transfer it to his spouse. To do this, you need to provide the bank with a divorce certificate and income certificates of the new borrower. The bank will approve the application.

Important! The re-registration procedure will go quickly and without problems, because the husband or wife were automatically listed as co-borrowers from the very beginning.

To begin with, the former spouses must agree among themselves. Then you need to collect the necessary package of documents (divorce certificate, income certificate and initial loan agreement). A statement is written at the Sberbank branch. It is reviewed within a short period of time. If a positive result is reported, you can proceed with re-registration.

Death of the current payer

If the borrower dies, all obligations to the bank automatically pass to the co-borrowers, which may include a spouse or children. If the heir is ready to become a new client of the bank, then re-registration occurs immediately. The previous borrower is discharged from the agreement.

The creditor bank does not always agree. There are cases when re-registration occurs through the court. If he approves such a decision, you can collect a package of documents and provide them to bank employees.

In order to transfer an apartment to another person after the death of the main borrower, you need to provide evidence that the future borrower will pay the remaining debt without delay and in full. It is also not recommended to indicate the level of income in the application for re-registration if it is below the norm. The bank may consider the new payer insolvent and reject the request.

Problems with the financial condition of the payer

If the client has problems with his job (salary reduction or layoff), he will not have enough funds to repay the loan. In this regard, he can contact the bank and transfer his responsibilities to another person. Here, special attention will be paid to the new mortgage applicant.

Algorithm for re-issuing a mortgage due to insolvency:

Execution of the request in the form of a written statement, which indicates the specific reasons for the re-registration and the bank account details of the new borrower.
Consideration of the request (up to 5 days).
If the application is accepted, a deal is concluded with the new borrower.

It should be noted that before accepting an application for consideration, Sberbank offers refinancing if the borrower does not have enough funds to repay the mortgage.

Common reasons for refusal to re-register a Sberbank mortgage

The main reasons for refusal to re-register:

Having a criminal record and administrative offenses.
Credit history does not meet bank requirements.
High financial burden associated with a large number of open loans.
Questionable information about the future borrower (compromising photos on social networks, bad reviews from the employer, etc.)
Lack of documents confirming the applicant’s income and employment.
Inappropriate behavior when filing an application.
The income indicated in the certificate is not confirmed.
The future payer is a defendant in the FSSP case.
The company for which the applicant works has a dubious reputation.
The relatives of the future borrower have open debts on credit loans.

How to act if re-registration is refused

The bank reserves the legal right to refuse to reissue a mortgage loan; in this case, the future borrower can contact another credit institution and apply for a consumer loan.

If the decision is positive, the funds are transferred to the account of the apartment owner to pay off the debt and remove the encumbrance.

Re-registration as a co-borrower with his consent: nuances and stages of the procedure

A co-borrower is usually called a participant in a loan agreement who is jointly and severally liable with the main borrower in terms of obligations related to the need to repay the loan on time. If there is a marriage relationship, the second spouse automatically acquires a similar status. The main condition for the possibility of re-issuing a mortgage is the consent of the co-borrower and the bank.

The process looks like this:

the existing borrower fills out an application with a request to transfer mortgage obligations to another citizen;
the bank provides information on the documents required for re-registration;
the former spouses need to draw up an agreement on the division of the apartment, determining the procedure for further repayment of the loan;
the package of papers is transferred to the credit institution;
undergoing a re-registration procedure with state registration.

The list of documents for re-issuing a mortgage is standard and is determined by the bank’s internal documents, so it may differ slightly in different credit institutions. It is mandatory to provide identification documents of participants, confirmation of the solvency of the new borrower and title documents for real estate.

It might be interesting!

How to buy an apartment with a mortgage from close relatives

Who are credit donors and is it worth contacting them?

Credit donors are persons who take out a loan for themselves for a fee. This service is suitable for those who do not want or cannot take out a loan for objective reasons.

Interaction scheme:

The client finds a loan donor via the Internet or friends.
Both parties sign a contract indicating the required loan amount, repayment period and the amount of remuneration for the services provided.
The credit donor issues a loan from the bank on agreed terms. He transfers funds to the client against receipt and receives a reward for this (usually 10-15% of the amount of debt).
The client pays the debt throughout the entire period. If you fail to fulfill your obligations, the loan donor may go to court.

See also: assistance in obtaining loans has become fertile ground for fraud in the post-Soviet space. One of the many schemes is described in the story of the Russia 1 TV channel.

The new client must meet all standard requirements

his income must be the same or greater than that of the previous payer. Read about what salary is enough to get a mortgage loan in this article;

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the former payer, for objective reasons, can no longer fulfill its obligations. In this case, the apartment owner can use other ways to resolve the issue; it is not necessary to give up the property and sell it to another person. If you temporarily cannot pay your mortgage, then you will learn about what can be done from this review.

Conclusion

At Sberbank, it is possible to re-register a mortgage to another person, unless otherwise specified in the loan agreement. The essence of the procedure is the transfer of loan obligations to a new borrower.

Initially, the client must submit an application for renewal together with the future applicant. If the request is approved, you must provide a package of documents and submit an application for full early repayment. After receiving funds from the new payer, re-register the mortgage in his name.

The procedure has no significant restrictions and is not complicated in any way. If all the bank's conditions are met, you can change the co-borrower on your mortgage in 6-8 weeks.

How does the transfer of debt obligations take place?

Debt transfer scheme:

The title borrower collects a package of documents on the granted loan and collateral;
The collected papers along with the application are handed over to a bank employee. The application indicates the reason for transferring the debt to another borrower;
The specialist conducts a comprehensive check of the new applicant. Managers examine the papers provided by the potential counterparty (the review period ranges from 1 to 5 business days);
The bank enters into an agreement with the new borrower, who will have to pay off the balance of the loan debt.

Processing documents takes up to 30 days. All this time, the first borrower fulfills the obligation to repay the loan. The bank may require the title borrower to provide additional collateral and surety from individuals. When the debt is transferred to a new person, the former borrower will be given a certificate of no debt.

Is it possible to take out a second mortgage after paying off the first?

To answer the question, it is necessary to refer to the norms of the current legislation. The interaction of the borrower with the bank when applying for a housing loan is regulated by Federal Law No. 102 of July 16, 1998. The regulatory legal act does not reflect restrictions regarding the issuance of a mortgage if the borrower previously took out a loan to purchase real estate. However, the bank wants to be sure that the client will be able to make payments on time. In addition, the company is not obliged to issue a mortgage. It's her right. Banks agree to enter into deals if the second mortgage is beneficial to them.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Attention

If a person has previously taken out a housing loan and managed to pay off the loan, the loan will be issued on a standard basis. First of all, the borrower's credit history will be assessed. If it is positive, the likelihood of being approved for a second mortgage increases significantly. In addition, the borrower's income is taken into account. If the profit allows the calculation, the application will be approved.

When the first mortgage is not repaid, banks first look at the presence of a formal job, monthly income and current financial burden. If a person has proven himself on the positive side and has the ability to pay off obligations, the application may be approved. However, it is worth considering that the terms of cooperation may be more severe. In particular, the bank may increase the down payment requirements for the second mortgage.

Requirements for obtaining a second mortgage loan

First of all, the bank evaluates the client for compliance with the requirements. They are approximately the same, regardless of whether the citizen has managed to pay off the mortgage or is going to take out a second housing loan if he has a first one. However, a number of differences still exist. In both situations, the company pays attention to the following parameters:

Solvency. All income that the borrower can officially confirm is taken into account. They take into account not only the amount of wages and other profits, but also take into account expenses. The total of your first and second mortgage payments should not exceed 50% of your total income.
Number of dependents. The amount of expenses depends on their number. All minor children, elderly relatives living with the borrower, as well as other persons whom the citizen supports are taken into account.
Credit history. Second mortgages will be approved only for persons who have proven themselves to be positive. If a person has not defaulted on loans, the bank will be loyal to the client. Otherwise, it is recommended to correct your credit history before applying. To do this, you need to take out several small loans and pay off your obligations on them in a timely manner.
Age. Banks agree to cooperate with persons who are at least 21 years old. The maximum age limit is 65-75 years, depending on the internal policy of the financial institution. The indicator is set at the time of closure of obligations.
Availability of official employment. If the second mortgage borrower does not have a job, the application will be rejected. The exception is situations when a citizen has third-party income that allows him to make monthly payments. An example is making a profit from renting out housing. However, the income must be official.
Availability of citizenship. Only citizens of the Russian Federation can count on receiving a second mortgage. Applications from foreigners are rejected in most cases.
Permanent registration in the region where the bank operates. If a person wants to move, he should contact organizations that have a widespread branch network. Sberbank, VTB, Gazprombank have a large number of branches.

If a person wants to take out another mortgage, but has not managed to close the obligations on the first loan, the conditions will be more severe. In addition to the need to comply with the above rules, a citizen must confirm the stability of his income. To do this, the bank is increasing the requirements for length of service at the last place of work. Banks are more willing to cooperate with persons who have been employed in an organization for 1 year or more. Requirements for total experience are 3 - 5 years.

For your information

Additionally, the amount of debt on the first mortgage is taken into account. If a citizen has paid off more than 70% of the total debt, the chance of getting a new loan will increase significantly. An advantage is the presence of an additional collateral that the person is ready to transfer as an encumbrance.