Receipt for receipt of a down payment for an apartment with a mortgage - description of the document, content requirements, the essence of the receipt for financial transactions related to the mortgage, protection from intruders

Sample receipt for an apartment for sale and purchase 2021

I, Ivanov Ivan Ivanovich, born January 1, 1960, Russian Federation citizen passport 78 00 123456 issued by the Moscow Department of Internal Affairs on February 2, 2001, department code 001-001, registered at the address: Moscow, Mira Ave., 70 , sq. 50, received from Petrov Petr Petrovich, born on March 3, 1970, passport of a citizen of the Russian Federation 78 00 987654 issued by the St. Petersburg police department on April 4, 2002, unit code 002-002, registered at the address: St. Petersburg, st. Sovetskaya, 10, apt. 60, funds in the amount of 10,000,000 (ten million) rubles as payment for the one-room apartment No. 20 (twenty) sold by me at the address: Moscow, Mira Avenue, 80 in accordance with the Apartment Sale and Purchase Agreement dated May 01, 2021.

Requirements for drawing up a receipt

A receipt is a type of document that is drawn up in any form. But this does not mean that there are no requirements for its preparation. On the contrary, it must include information such as:

Date and place of signing the document;
All basic passport data of the person who is transferring the money, including, of course, his full name and registration information;
Exactly the same information about the recipient of the money;
The amount of money the transfer of which is certified by a document. They must be indicated both in numbers and in words;
Data on the apartment purchase and sale agreement, on the basis of which the funds are transferred;
Signatures of both parties.

At the same time, the document should indicate that the parties do not have any claims against each other. It is also desirable to have witnesses, whose details are indicated separately at the end of the receipt. All basic passport details of each witness must be indicated separately and their signatures must be included.

Sample receipt for receiving a down payment for an apartment with a mortgage

Receipt for receiving a deposit for an apartment

Only one party's passport details are indicated. As a result, one of the parties may claim that they do not know you and did not take money from you. In this situation, it is worth involving an experienced and reliable lawyer in the case;
The fact of transfer of funds is not mentioned;
A big mistake is not to notice the lack of a receipt date . When filing a lawsuit, the statute of limitations will be very difficult to calculate;
When the debtor indicates that in the near future he will repay the entire debt with high interest , you need to think about it and not enter into transactions with such persons.

Seller's risks when the price of the apartment is inflated

The appraiser, understanding that the concept of “market value” is rather vague (today it is one, tomorrow it is another), may well indicate in the report the required price of the apartment, especially since he does not bear any financial responsibility for this.

Receipt from the Buyer when the cost of the apartment is overstated

It’s all about the rules Opens in a new tab.”>mortgage issuance. Banks issue loans for the purchase of an apartment no more than 80-90% of its market value. The borrower must pay the remaining money (20-10%, respectively) independently in the form of a down payment on the mortgage.

The main advantage of a seller who is ready to sell an apartment to a mortgage buyer in the modern market is the very opportunity to sell their property. The realities of the market are such that apartments that do not meet the requirements of mortgage banks are not sold for years and, as a result, become less and less liquid.

Preparing the appraisal is a concern and expense for the buyer that cannot be passed on to the seller. However, in some cases, by agreement of the parties, the issue with appraisers is assigned to the seller. This happens, in particular, when an apartment is purchased with an unapproved redevelopment or when the seller needs the purchase price in the appraisal album to be different from the real one.

When not to overestimate

The amounts in each type of cost differ very significantly from each other. The bank approves the loan based on the market value, because this amount is the benchmark for the bank’s return on investment in the event of the buyer’s insolvency. That is why some borrowers seek to inflate this cost in order to obtain more attractive lending conditions, and most often in order to circumvent the down payment requirement.

You can involve an independent expert, however, in this case the bank can double-check the result. If the fact of overestimation is revealed, the buyer will either be refused a loan and blacklisted, or a smaller amount will be approved. In any case, the transaction for this living space will not take place.

The seller can use the written receipt and ask for the debt to be returned. This risk is reduced if the seller himself is afraid of termination of the transaction. For example, if he sold this apartment for a long time and could not find buyers for it.
Without a down payment, the mortgage amount is higher, which significantly increases the amount of overpayment to the bank.
When applying for a tax deduction, an illegal scheme for purchasing an apartment may be revealed, and thus the buyer may be prosecuted.

The buyer agrees with the seller to inflate the price of the home in the purchase and sale agreement. In addition, the seller writes a receipt for the amount of money in the amount of the difference between the inflated price and the actual price, which is indicated as the down payment.
Since, in the event of termination of the transaction, the seller will have to reimburse not the actual amount, but the amount specified in the purchase and sale agreement, he should protect himself. For this purpose, a receipt is written indicating that the buyer is borrowing the same amount.
The buyer takes the receipt to the bank, receives a mortgage loan and pays the seller the entire actual cost of the home.

Responsibility

Banks that agree to apply such schemes without restrictions and additional penalties are Ak Bars, Vneshtorgbank, Moskommertsbank.

Banks that agree, but have their own conditions. This may be an understatement only up to the loan amount, or an individual consideration taking into account the situation of a particular borrower and the amount of understatement. These include Sberbank, VTB 24, Rosbank.

Banks that carefully hide their participation in such schemes, but under certain conditions can offer their clients a solution to the problem. For example, Deltacredit, Raiffeisenbank.

Banks that categorically refuse – Absolut Bank, SKB.

But it happens that the buyer does not have enough funds for the down payment, and then he turns to the seller with a request to inflate the cost of the property. The situation is typical for purchase and sale on the secondary market. The mortgage overestimation scheme looks like this:

Correct receipt for receiving money for an apartment

You must receive a receipt from the Seller at the time of transfer of money. Let him prepare it in advance, but in your presence. And you check it for errors before he signs it.

The Seller must give you a receipt upon receipt of funds as a deposit, advance payment, partial or full payment for the apartment.
The seller's authorized representative, who has the authority to receive money confirmed by a power of attorney from a notary, writes a receipt on his own behalf and attaches a copy of the power of attorney to it.

Preparing for a home loan

Before applying for a mortgage, you need to study the conditions under which the home loan is provided. Next, you should evaluate your own financial situation. Paying the annuity payment should not take more than 50% of the family budget income. Before signing a loan agreement, it is necessary to create a financial reserve in the amount of 5-6 monthly annuity payments. It is also advisable to reduce household expenses and find additional sources of income. You should not bear the burden of debt alone. Try to find solvent co-borrowers and guarantors.

Correct sample: receipt for receipt of money for an apartment

Receipts serve as important documentation for citizens and organizations. They confirm certain facts unilaterally. But what kind of document is this? What does his sample look like? A receipt for receiving money for an apartment is the paper that is most often found in practice. It is this that will be studied further. What should every citizen remember when issuing a receipt? What are the pros and cons of paper? By answering all these questions, you will be able to easily protect the rights of the seller and buyer of real estate.

Consequences of termination of the transaction

The amount as a deposit is transferred to the seller only after a receipt has been drawn up.
Further, after making the full payment, the deposit is included in the full price of the apartment. A receipt for payment of a deposit is an auxiliary document or an appendix to the drawn up purchase and sale agreement. In order for all documents to have legal force and be able to provide protection, they must be correctly drawn up. In this case, both the buyer and the seller will protect themselves from possible risks. If the deal falls through due to the fault of the buyer, the deposit amount will remain with the seller. This point must be highlighted as a separate paragraph in the contents of the receipt, and a list of valid reasons must be indicated on the basis of which the buyer or seller can terminate the transaction without loss of funds. If the seller, for his part, violates the terms of the contract and sells the property to another person, he undertakes to return the amount of the deposit for which the receipt was drawn up in double amount. However, in order for this provision to come into force, its terms must be recorded in the contract and agreement. The buyer still has the opportunity to return the money for the deposit if the deal falls through. In order for this to become possible, there must be important reasons, for example, the other party did not appear at the time of the transaction or the buyer was refused a mortgage. The deposit money can be returned only if both parties discuss the legality of the transaction and come to a consensus on this issue.

Receipt for receipt of funds for the apartment

To be completed in legible handwriting.
Written personally by the recipient of funds (except for cases when his authorized representative is acting in the presence of a duly executed power of attorney). This will allow the author to be identified in case of controversial situations.
Drawed up in the presence of the buyer of the apartment.
Written with a blue pen.
Should not contain blots, corrections, or strikeouts.
Written in two copies, one for the seller and one for the buyer.

Why do you need to increase the cost?

if the loan applicant was unable to collect a sufficient amount for the down payment (deposit), then the risk of his insolvency is high;
It is unrealistic to sell mortgaged property at an inflated price, since the market is saturated with housing without encumbrances. If the debtor fails to fulfill his obligations, the sale of the expensively priced apartment will be carried out at a discount, which for the bank means an outstanding loan and losses;
The above scheme is accompanied by the transfer of receipts that are not confirmed by real actions, and this is already fraud.

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We assess the risks of participants in an overpriced mortgage transaction

I also note that overvaluation is a fairly common reason for refusing a mortgage on such a property. That is, if there is a positive decision from the bank regarding the borrower, the bank also carefully considers the property. Each bank has an acceptable price range for all objects. Therefore, if you try to greatly inflate the price, the bank will certainly refuse. Or, at best, it will issue less mortgage money, while increasing the down payment.

Any games with numbers in a contract are fraught with consequences, often irreparable. Of course, you can take from the buyer a receipt for a cash loan for the amount that he lacks to pay the down payment and for which the corresponding amount can subsequently be recovered. However, you should clearly understand: if we are talking about a significant amount, it will have to come from somewhere from the buyer - this time. Secondly, you need to understand that the buyer’s solvency must allow him to pay both the loan and the debt on the receipt. In other words, try to get as much information as possible from the buyer about his financial capabilities. I believe that in your case it is necessary to consider the possibility of registering a pledge of property: for example, a vehicle. For greater confidence, try to involve specialist lawyers in completing the transaction. Proper examination of documents and competent execution will help to foresee all possible consequences and avoid problems in the future.

When two receipts are required

Two receipts are issued if the amount in the contract does not correspond to the actual payment. For example, the seller understates the amount to avoid tax. This approach is quite risky for the buyer. A receipt always supplements the contract; in itself it has no legal force. Therefore, in the absence of an agreement, it will be very difficult for the buyer to prove how much money he actually paid for the apartment if a legal conflict begins.

Two receipts are also drawn up when the price of an apartment is inflated with a mortgage. This way the buyer can avoid making a down payment. We wrote about the risks of such a scheme in this article.