The procedure for registering a mortgage agreement in Rosreestr

Basic provisions

Since 2021, registration of housing in the Russian Federation is carried out in accordance with the Federal Law that has entered into force, which has the number 218-FZ. Let's take a closer look at it.

First you need to decide why registration of rights to real estate is necessary. To do this, you need to refer to Article 1 of the Federal Law mentioned above. It states that registration of rights is a normative act that confirms the emergence, change and transfer of rights to real estate from one person (owner) to another or limits the owner’s right to his existing property.

After a citizen has gone through the procedure described in the law, he is recognized as the owner of the home and, in accordance with the law, has the full right to dispose of it (i.e., use, own, sell, etc.). Upon completion of the home sale procedure, the owner’s rights to this property are terminated and their simultaneous acquisition by the buyer.

ATTENTION !!! An important point specified in the law is the mandatory registration of encumbrances that are placed on housing (in the case of obtaining a mortgage, purchasing housing by a military personnel under a special program, etc.).

Also, in accordance with the law, a unified state register will be formed (abbreviated as EGRN), which will greatly simplify the registration procedure. The register will be formed through the merger of the Unified State Register and the State Property Committee. In this organization, simultaneous registration and accounting of property will take place, due to which the time spent on completing all these procedures will be significantly reduced. Now there is no need to go through two procedures in two government agencies and prepare documentation in two sets. All that needs to be done is to collect a single package of documents and submit it to a single authority, which is much simpler.

Actions of the direct heir

The situation when a direct heir needs to register a living space is very common. In this case, it is important to consider that there are several options for inheritance - according to a will or according to the current law. In both cases, the basic document confirming a citizen’s right to own property is the right of inheritance, issued by a notary.

To obtain such a document, you should contact a notary at least six months after the death of the testator. The specialist will study the details of the issue and issue a certificate if there are no other heirs.

Methods for submitting applications to Rosreestr

The Federal Law of 2021 establishes two possible options for applying to Rosreestr, depending on the desire of the citizen:

1. The first option is a personal visit to a branch of the organization. In it, employees will accept all the required documents, answer questions of interest and provide the necessary samples for filling out applications. Also, all these procedures can be performed through the MFC. The main convenience that is enshrined in the law is the ability to submit an application to any desired branch of Rosreestr or MFC. Now citizens and legal entities do not need to go to the department that serves the exact place where the housing is located.

1. The second option is to apply via the Internet. To do this, you need to go to the official website of the registry and fill out the forms provided there, or contact the organization using the government services website.

Nuances of initial registration

It is important to consider the nuances of initial registration. To register a newly built facility or real estate that has not previously been registered with Rosreestr, the following documents will be required:

1. Agreement with the shareholder.
2. Your copy of the transfer and acceptance act.
3. A document confirming HOA membership.
4. If ownership has been established by a defrauded shareholder, a court decision must be presented.

If a citizen has not made a transaction with property for a long time, the registrar may require a certificate of ownership. This document can be obtained from the BTI.

Despite the smooth flow of documents between Rosreestr and BTI, interaction between them is not always established. As for the passport, it is not needed for Rosreestr.

Time frame within which actions must be carried out in Rosreestr

State registration of ownership rights to real estate and transactions with it will be carried out in a short time. So, for example, when registering housing for cadastral registration and registration with Rosreestr it will take no more than 10 days. When performing these actions through the MFC, the procedure will take no more than 12 days. Separated from each other, these procedures take even less working time.

ATTENTION !!! With a simple registration of housing rights in Rosreestr, you will need to spend no more than 7 days, and when applying to the MFC - no more than 9 days. Also, with a simple cadastral registration, you need to wait 5 days, and through the MFC - 7.

Federal Law No. 218-FZ establishes the time frame within which registration must occur with Rosreestr and the MFC after receiving court decisions that have entered into legal force. There are also deadlines for receiving acts from government bodies that have the right to issue them, as well as for registering a mortgage, receiving an inheritance and other actions.

If the owner loses the right of ownership of his home due to the fact that he fell into various types of fraud, the law has several conditions under which the owner will be paid a one-time compensation. These conditions apply only to those owners who are bona fide owners or purchasers. Such payments will be made from the financial budget, and the amount of payment compared to the majority of transactions made will be insignificant. Its size will not exceed 1 million rubles for individuals and legal entities.

Required documents

The list of required documents depends on the nuances of the transaction. In any case, the following documents will be required:

1. Personal documents of the participants in the transaction.
2. Documents for the apartment being re-registered.
3. Documentation that serves as the basis for the transfer of property to the new owner.
4. Payment confirming payment of the duty.

As for the general rules, when filling out documents manually, you must write legibly. If the document is completed on a computer, it must be printed in a clear font. In addition, you must adhere to the filling format. Abbreviations, strikethroughs and corrections are not permitted. You cannot fill out documents in pencil.

By providing the Federal Registration Service (Office of the Federal Registration Service) with all the required documents, a citizen can speed up the process of considering the case and register property rights as quickly as possible. The list of documents depends on many circumstances, and therefore mandatory and additional documents are distinguished. List of required documents:

1. Application from a citizen with a request to register property rights. The application is filled out at the registration center on a special form. You can fill it out in advance by downloading the form on the official website of Rosreestr.
2. Citizen's passport and its copy certified by a notary.
3. A document that serves as the basis for the transfer of ownership of housing. Which document will be provided depends on the specific case. This may be an agreement of exchange, sale or gift; privatization agreement; DDU; certificate of inheritance and other documents.
4. The act of acceptance and transfer. The document is drawn up by a BTI employee in free form.
5. Extract from the house register. It contains information about citizens registered in the apartment.
6. Receipt for payment of state duty.

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If for any reason the owner of the property cannot register property rights on his own, he can issue a power of attorney to another citizen. In this case, the registrar needs to submit a power of attorney certified by a notary.

Additionally you may need:

• written consent of the spouse to the sale of jointly acquired property;
• cadastral passport;
• refusal of other heirs, certified by a notary;
• agreement with the bank if the apartment was purchased with a mortgage;
• permission from the guardianship authorities if one of the owners is a minor.

Documents are submitted to the registration center in 2 copies. Documents must be written clearly and the texts must not contain any abbreviations. If there are corrections in the documents, crossed out entries, additions, notes in pencil, this will be the reason for refusal to register real estate ownership.

Documents that are now issued to confirm the right to property

According to the newly introduced Federal Law, the issuance of certificates of state registration of property rights will be suspended. Instead, a new document is introduced - an extract from the Unified State Register of Real Estate. Its issuance is also enshrined in another regulatory act, which is accompanying the Federal Law. It is Order of the Ministry of Economic Development No. 378.

It reflects four types of statements:

• An extract that reflects all the characteristics and rights of housing that was registered with Rosreestr or MFC;
• An extract confirming the fact of transfer of rights from the owner to the buyer;
• An extract indicating the date of receipt by Rosreestr or the MFC of the application or other documents sent for subsequent registration of cadastral registration or registration procedure;
• An extract indicating the rights of specific persons to the property that they own or have owned.

To obtain these documents, you must send an electronic request or personally visit one of the Rosreestr branches. For the received document you will have to pay money, the amount of which has increased in comparison with the extract from the Unified State Register. So, in order to receive a paper version of the document, citizens will have to pay 750 rubles, and a legal entity 2,200 rubles. In case of issuing an electronic statement, citizens pay 300 rubles, and organizations 600 rubles.

If necessary, there is the possibility of an additional service, according to which the document will be delivered by couriers to the designated location. You will also have to pay an additional fee for this service.

In accordance with the law, the extract is provided within the time limits specified in the law. They should not exceed more than three working days.

Payment of state duty

Registration of ownership of real estate is no exception.

The amount of such a fee is established by the Tax Code of the Russian Federation. For registration of ownership of real estate, a fee is charged in the amount of:

• 2,000 rub. — for individuals;
• 22,000 rub. - for legal entities.

An important stage in registering ownership of an apartment through the MFC is paying a fee. The amount of tax depends on the status of the citizen owning the property. When submitting an application by an individual, the fee does not exceed 2 thousand rubles.

As for legal entities, they will have to pay a large amount. For them, the fee is 20 thousand rubles.

When transferring an apartment by inheritance, if the heir is a close relative of the applicant, an additional 0.3% of the value of the property must be paid. If the heir and the applicant are not related, you must pay a fee of 0.6%.

Check the readiness of documents

ATTENTION !!! In order to check the readiness of documents, you need to go to the official website of Rosreestr. There, by clicking on the appropriate tab, the verification page will open. On it you must indicate the application number (it is issued after submitting the application to the registration authority), pass a spam check by entering the characters indicated in the picture in a special field and click the check button.

The procedure takes only a few seconds. After which the citizen has the opportunity to view the readiness status of the documents.

Thus, we can conclude that the new legislation greatly simplifies the procedure for registering real estate

User instructions

The property registration procedure has its own nuances. The citizen must complete the following actions:

• Make an appointment with a multifunctional center employee. This can be done by phone or on the official website of the organization. Another option is to visit the MFC in person.
• Prepare the necessary documents.
• At the appointed time, go to the MFC registrar and, with his help, fill out an application for registering the apartment with the cadastral register.
• Pay the state fee at the nearest terminal.
• Receive a receipt for documents acceptance. You can use its number to check whether the certificate is ready.

It is worth mentioning separately some of the nuances of the multifunctional center. The state fee can be paid directly at the MFC office. In addition, if necessary, employees can additionally advise the client on issues of interest.

Special cases

When buying or selling an apartment, the seller and buyer must enter into an agreement, make mutual settlements and hand over documents to the employees of the registration organization. Both parties must visit the MFC and submit documents to the specialist. If there are no copies of any certificates, the operator will make them himself. It is not necessary to register a cash receipt, but an MFC employee can verify that payments have been made.

The buyer becomes the owner of the apartment 10 days after submitting the documents. If the transaction was carried out with a letter of credit, the seller must take his copy of the agreement and come to the bank to gain access to the funds.

In addition, the sale of a share must be endorsed by a notary. In this case, the parties to the transaction must first make mutual settlements, and then visit the MFC together. Registration of the sale of a share is a paid service. Its price is discussed with the notary.

As for documents, the seller must present the refusals of the remaining shareholders to purchase housing. If the submitted refusals indicate a price higher than the price specified in the contract, registration will be suspended for 4 weeks.

If you need assistance of a legal and reference nature (you have a complex case and you don’t know how to fill out documents, the MFC unreasonably requires additional papers and certificates or refuses altogether), then we offer free legal advice: (24 hours a day, seven days a week):

Registration of a mortgage in Rosreestr through State Services

In order not to waste time standing in queues at the MFC, you can submit an application online – through the State Services portal. The first step is to create your account and confirm it.

Registration on the resource is as follows:

1. Click on the registration entry and fill in the fields in the form that opens: full name, contact phone number and email address.

   

2. Enter information about yourself in your profile.
3. Confirm actions in one of the possible ways: at the service center, through online banking, at Russian Post or using an access key (UEC).

For your information
, you can find the nearest service centers on the website by entering the city into the search engine. If you choose mail, then indicate your residential address in the appropriate section and click on “Deliver”. The code will be sent to the user by registered mail within 2 weeks.

The procedure for electronic registration of a mortgage in Rosreestr through State Services is simple:

1. In the menu, go to the services tab and click on the link “Authorities”.

   

2. Then click on “Rosreestr”, then “State cadastral registration ....”.

   

3. From the list provided, select the desired type of transaction, after which instructions for registering appear. It includes 3 sections: description, documents and additional information.

   

4. Since it will not be possible to submit an application for mortgage registration directly through State Services, then to download the documentation, you need to go to the Rosreestr portal and log in to your personal account under the input data from the State class=»aligncenter» width=»854″ height=»745″[ /img]
5. On the right side of the screen you can see a list of electronic services, where you stop at the “Registration of Rights” item and click on it.

   

6. Then indicate the purpose of your appeal and click on “Go to details.” A form immediately opens where you enter information about the registered housing.

   

7. Next, the applicant fills out a questionnaire about himself.

   

8. At the bottom, check the box indicating consent to the processing of the information provided and click on the “Go to attached documents” link. Attached documentation must be no more than 45 MB in size and have an electronic signature.
9. When the download is complete, click on “Proceed to data verification” and submit the application.

The authority notifies the applicant by e-mail or SMS about how the procedure is proceeding.

Registration of mortgage under DDU

In the case of purchasing housing in a new building, registration in Rosreestr is subject to an equity participation agreement (DDU). But it will be possible to register ownership only after the building is put into operation. Often the developer himself sends documents to Rosreestr, but then the procedure is significantly delayed. Those who need it faster can independently collect the necessary papers and submit them to the registration authority.

IMPORTANT

The applicant comes for the finished DDU himself and receives it with his passport and receipt. The back of the document must bear the stamp of the registering organization, the seal and signature of a specialist.

If you want to make sure on the Rosreestr portal that the child-care center is registered, you should take into account that the information is entered there with a delay. So, don’t be alarmed if the number is not found even after 1-2 months. If the registration number is included in the stamp, this guarantees the successful completion of the mortgage registration procedure in Rosreestr.