Repayment of a mortgage record through a court order. Requests for termination of the mortgage, repayment of the mortgage registration record

Redemption of a mortgage registration record is an action performed following the termination of the mortgage legal relationship, which officially confirms the fact of termination of the mortgage and also removes the lien from the property.

The borrower has paid off the mortgage - This is the most common situation in which the mortgage ceases to operate and there is a need to repay the mortgage registration record.. At the same time, there are a number of other grounds on which mortgage legal relations can be terminated (see below).

Termination of mortgage

The mortgage registration entry can only be redeemed if the mortgage legal relationship has been terminated. In turn, there are plenty of grounds for terminating these legal relations and almost all of them are specified in Article 352 of the Civil Code of the Russian Federation:

  • termination of the obligation secured by the pledge (mortgage loan repayment);
  • sale of pledged property to a person who knew nothing about the existence of the encumbrance (fraud);
  • destruction of the pledged property, provided that the pledgor did not exercise the right specified in paragraph 2 of Article 345 of the Civil Code of the Russian Federation;
  • sale of pledged property by the pledgee in the cases provided for in paragraphs 4 and 8 of Article 352 of the Civil Code of the Russian Federation;
  • recognition of the pledge agreement as invalid;
  • court decision (in cases provided for in paragraph 3 of Article 343 of the Civil Code of the Russian Federation);
  • seizure of pledged property (Articles 167, 327 of the Civil Code of the Russian Federation), except for the cases provided for in paragraph 1 of Article 353 of the Civil Code of the Russian Federation;
  • cases specified in paragraph 2 of Article 352 and Article 355 of the Civil Code of the Russian Federation.

Procedure for repaying a mortgage registration record

The procedure for repaying a mortgage registration record is as follows: a corresponding application is submitted to the Unified State Register of Rights to Real Estate (USRE), where within three working days from the receipt of documents the requested action is taken (Clause 1, Article 25 of Federal Law No. 102- Federal Law of July 16, 1998 “On Mortgages”) (hereinafter referred to as Law No. 102-FZ). Meanwhile, the application submitted to the Unified State Register must be (one of the options): a joint application of the pledgor (borrower) and the pledgee (creditor); statement from the mortgage holder; application of the mortgagor (the mortgage must be attached to it) (clause 1 of article 25 of Law No. 102-FZ).

There is no state fee for repaying the mortgage registration record (clause 6, clause 3, article 333.35 of the Tax Code of the Russian Federation).

It should be understood that if an application from the mortgagor is required, this means that everyone who is one must apply to the Unified State Register (for example, a married couple). If someone (one of several pledgors) does not have the opportunity to personally contact the registration authority, then he will have to issue a power of attorney containing the authority to provide the corresponding application.

Along with the cancellation of the mortgage record, the mortgage is also canceled(clause 3 of article 25 of the Civil Code of the Russian Federation). This document is provided to the property owner upon request. Meanwhile, you will have to request this document, since without it it will be impossible to obtain a new certificate of state registration, which will not indicate the presence of encumbrances (in the column existing encumbrances (restrictions), the word “mortgage” will be replaced by the phrase “not registered”). Also, to obtain a certificate, the former borrower will need to submit an application with the appropriate content and a receipt for payment of the state duty, the amount of which is 350 rubles (clause 33, clause 1, article 333.33 of the Tax Code of the Russian Federation).

Documents required to pay off a mortgage record

An approximate list of documents submitted when paying off a mortgage registration record is as follows:

  • application for cancellation of an entry in the Unified State Register (a sample can be downloaded on the Rosreestr website);
  • original loan mortgage agreement (or other document, the execution of which was secured by a mortgage);
  • contract of sale;
  • original mortgage note;
  • a certificate from the bank about the fulfillment of obligations by the mortgagor;
  • original or notarized copy of an extract from the Unified State Register of Legal Entities (USRLE).

Help with paying off your mortgage registry

A number of companies now offer assistance in paying off your mortgage registry. Their services include: analysis of the subject of the transaction, identification and creation of a list of necessary documents with their subsequent transfer to the Federal Registration Service, control over the process of canceling the record. Borrowers who contact one of these companies will only need to provide the documents requested by the company, as well as issue the necessary powers of attorney. Everything else will be done without the participation of the copyright holder of the property. The cost of such a service fluctuates around 10 thousand rubles.

In [insert name of court,

To which the application is submitted]

Plaintiff: [F. I.O. completely]

Address: [enter as required]

Defendant: [insert name of credit institution]

Address: [enter as required]

Third party: [insert name of registration authority]

Address: [enter as required]

[Day, month, year] between me and [insert the name of the credit institution] (hereinafter referred to as the Defendant) a mortgage agreement N [value] was concluded, according to which the Defendant provided me with funds in the amount of [in figures and words] rubles for a period of [value ] months at [value] % per annum for the acquisition of ownership of [apartment/land/other real estate].

Security for the fulfillment of obligations under the said agreement is the pledge of real estate acquired with credit funds in accordance with the terms of the purchase and sale agreement [apartment/land/other real estate], located at the address: [enter as appropriate] from [date, month, year] N [value].

[Date, month, year], on the basis of the acceptance certificate [indicate the name of the property seller], I accepted the real estate, and the specified transfer and acceptance certificate and the purchase and sale agreement [of the apartment/land plot/other real estate] registered in [specify the name of the registration authority] [date, month, year]. The ownership of the specified property and the encumbrance in the form of a mortgage by force of law were registered in accordance with the requirements of the law, which is confirmed by a certificate of state registration of rights dated [day, month, year] N [value].

[Day, month, year] at the Defendant’s cash desk, according to the debt repayment register, I made the last payment amount, thereby repaying the entire loan amount in the amount of [in numbers and words] rubles.

Thus, I have fully fulfilled my obligations under the loan agreement N [value] dated [date, month, year].

However, [describe the essence (circumstances) of the complained actions (inactions), due to which the defendant unreasonably avoids registering the repayment of the mortgage record in the Unified State Register of Real Estate and transactions with it, and the plaintiff was forced to file a statement of claim in court. Indicate the prevailing circumstances on which the plaintiff’s claims are based, indicating specific legal norms, referring to which the plaintiff legally justifies his demands].

By virtue of Art. 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from the grounds provided for by law and other acts, as well as from the actions of citizens and legal entities, which, although not provided for by law or such acts, but due to the general principles and meaning of civil legislation give rise to civil rights and obligations .

These grounds include contracts and other transactions provided for by law, as well as contracts and other transactions, although not provided for by law, but not contrary to it.

A variety of the latter is an agreement on the pledge of real estate (mortgage), the legal regulation of which is determined by § 3 of Chapter 23 of the Civil Code of the Russian Federation, as well as the Federal Law “On Mortgage (Pledge of Real Estate)” dated July 16, 1998 N 102-FZ (hereinafter referred to as - Mortgage Law).

According to Art. 1 of the Law on Mortgage under an agreement on the pledge of real estate (mortgage agreement), one party - the mortgagee, who is a creditor under the obligation secured by the mortgage, has the right to receive satisfaction of his monetary claims against the debtor under this obligation from the value of the pledged real estate of the other party - the mortgagor primarily before other creditors of the pledgor, with exceptions established by federal law. The mortgagor may be the debtor himself under the obligation secured by a mortgage, or a person not participating in this obligation (a third party).

In accordance with paragraph 1, paragraph 1 of Art. 352 of the Civil Code of the Russian Federation, the pledge is terminated with the termination of the obligation secured by it. In this case, the termination of the mortgage must be noted in the register in which this agreement is registered (clause 2 of Article 352 of the Civil Code of the Russian Federation).

In accordance with paragraph 1 of Art. 19 of the Law on Mortgage, a mortgage is subject to state registration in the Unified State Register of Rights to Real Estate and Transactions with It in the manner established by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated July 21, 1997 N 122-FZ ( hereinafter referred to as the Law on State Registration).

By virtue of clause 4 of Art. 29 of the Law on State Registration, the registration record of the mortgage is canceled on the grounds provided for by the Law on Mortgage.

In accordance with paragraph 1 of Art. 25 of the Law on Mortgage, unless otherwise provided by federal law or the specified article, the registration record of the mortgage is redeemed within three working days from the date of receipt by the body carrying out state registration of rights, an application from the owner of the mortgage, a joint application from the mortgagor and the mortgagee, an application from the mortgagor with a simultaneous submission of a mortgage note containing a note from its owner regarding the fulfillment of the obligation secured by the mortgage in full, or a decision of a court, arbitration court or arbitration tribunal to terminate the mortgage.

I fulfilled my obligations under the contract dated [day, month, year] N [value] in full and in accordance with Art. 408 of the Civil Code of the Russian Federation are terminated due to their proper execution. However, for the above reasons, it is not possible to exclude from the register the registration entry made in the Unified State Register of Rights to Real Estate and Transactions with It dated [day, month, year] N [value].

[State additional facts at the discretion of the plaintiff].

Taking into account the above, guided by paragraph 1 of Art. 352, Art. 408 Civil Code of the Russian Federation, Art. Art. 3, 4, 131, 132 Code of Civil Procedure of the Russian Federation, Art. 25 of the Federal Law "On Mortgage (Pledge of Real Estate)" dated July 16, 1998 N 102-FZ, I ask:

1. Terminate the mortgage on the property located at [fill in as appropriate].

2. Oblige [indicate the name of the registration authority] to take actions to remove and cancel the registration record of the mortgage in the Unified State Register of Rights to Real Estate and Transactions with It from [day, month, year] N [value].

Appendix (by number of persons participating in the case):

1. A copy of the statement of claim for termination of the mortgage and repayment of the registration entry in the Unified State Register.

2. A copy of the mortgage agreement (real estate pledge) dated [day, month, year] N [value].

3. A copy of the purchase and sale agreement dated [day, month, year] N [value].

4. Copies of documents confirming the fulfillment of obligations to repay borrowed funds.

5. Receipt for payment of state duty.

6. [List other documents related to the essence of the statement of claim].

[signature, initials, surname]

[day month Year]

If all the money has been paid to the bank, this does not mean the final transfer of the apartment into the ownership of the borrower. It is necessary to complete legal procedures with documents in order for the housing to become property. One of them is paying off the mortgage registry. The procedure and timing of this operation are established in Article 25 of Federal Law No. 102 “On Mortgage”.

Only when recording the removal of the encumbrance can the borrower be considered the full owner of the property he acquired.

Procedure

After full repayment of the mortgage debt, the borrower must contact the bank branch, where, upon application, he is provided with a mortgage for the apartment. This document is issued by the bank within 10 days after the borrower applies. The mortgage must bear a note from the credit institution indicating that the entire amount of the debt has been paid.

The next step is to draw up an application. To carry out the procedure for canceling a registration record, one of the following grounds is required:

  • statement from the borrower who has fully repaid the mortgage loan;
  • a joint document between the mortgagor and the borrower;
  • an application from a credit institution that has real estate as collateral;
  • decision of a judicial authority.

This document, together with the rest of the documentation package, is submitted to Rosreestr. Moreover, if the mortgage agreement has not been notarized, then a joint application to the Rosreestr branch will be required: the borrower and the lender. If the procedure for certification of the mortgage agreement by a notary was carried out, then either party can submit an application. If the apartment was purchased as shared ownership, then an application to the Rosreestr of all owners of this housing is required. Otherwise, you need to issue a power of attorney.

After the 3-day period, the registration record will be canceled. In this case, a note indicating its invalidity must be made on the mortgage by affixing the Cancelled stamp on the front side. The canceled mortgage note is handed over to the mortgagor upon his request.

Redemption of a registration record established for an apartment purchased under a DDU, if the house is not yet in operation, is somewhat different from a regular mortgage. The title to the property was not registered and, therefore, no mortgage was also issued.

The collateral was not real estate, but the right of claim. In this situation, it is necessary to jointly apply to Rosreestr with an application from the borrower and the developer at the location of the building under construction. The following must also be provided: a certificate of debt repayment, an equity participation agreement, permission to put the building into operation and an act of transferring the object to the borrower. This procedure is carried out by the civil service within 5 days.

Attention! After the removal of the encumbrance in the form of a mortgage from the property, at the request of the owner, he can re-issue a certificate of ownership, in which there will be no record of the previous encumbrance.

Documents to be prepared

To remove the encumbrance from the purchased property, the following documents will be required:

When submitting an application, you must include the following items:

  1. The header of the application indicates the authority to which the document is sent and from whom it was drawn up.
  2. The text of the application must contain a request to remove the registration record. It must be indicated that all obligations to the creditor have been fulfilled. Enter the date when this happened.
  3. The document must indicate information about the property from which the encumbrance is required to be removed, and details of the mortgage loan: its number and date.
  4. At the end, the signatures of the applicants and their contact information are affixed.

When and where to contact?

To remove the registration record, you should contact Rosreestr. In this case, the operation will be carried out within 3 days with a regular mortgage and within 5 days with a DDU. You can also contact the MFC. In this case, the procedure for removing the burden will be extended by 2 days.

Redemption of the registration record is carried out only after depositing all funds that were received by the borrower from the lender, or by a court decision.

Rosreestr carries out registration of this procedure free of charge, state duties are not charged. After paying off the entire amount that was received as borrowed funds, it is required to clear the registration entry on the existence of an encumbrance on the purchased property. To do this, you need to contact the bank to obtain a mortgage note with a note about the repayment of the mortgage debt, then send an application to the Rosreestr branch to remove the registration record from the property.

Only when these operations are carried out will the apartment become property without any encumbrances.

Video on the topic

In this video, a specialist explains how to pay off a mortgage registration record, as well as what documents should be provided:

Payment of principal and interest on mortgage loans does not remove the encumbrance on the real estate that is the subject of the agreement. Next, we will consider the procedure for removing mortgage encumbrances in force in 2019-2020.

Removal of the mortgage encumbrance is carried out by branches of Rosreestr or at the MFC after repayment of the mortgage. Removal of the encumbrance occurs by clearing the mortgage registration entry in Unified State Register of Rights to Real Estate.

The procedure for removing the restriction is the same for all banks. The main ones are: VTB-24, Otkritie Bank, Gazprombank, Bank of Moscow, Sberbank, Promsvyazbank, Rosselkhozbank, Moscow Industrial Bank, INVESTTORGBANK, LokoBank, Bank Vozrozhdenie, Center-Invest, AK Bars Bank, TranscapitalBank.

To remove the encumbrance, you must contact Rosreestr at the location of the property. At the same time, the law provides for cases when both the owner of an apartment (house, land plot) and a representative of a credit institution can remove the encumbrance.

Depending on the method of ensuring the fulfillment of obligations on a housing loan, the specifics of lifting restrictions differ.

Redemption of a mortgage registry

According to Art. 25 of the Law “On Mortgage (Pledge of Real Estate)”, Federal Law of the Russian Federation dated July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, repayment of the mortgage registration record is made within three working days from the date of receipt Rosreestr:

  • statements from the mortgage holder (i.e. credit institution),
  • joint application of the pledgor and the pledgee (i.e. the debtor and the bank’s representative),
  • an application by the mortgagor (debtor) with the simultaneous submission of a mortgage note containing a note from the owner of the mortgage on the fulfillment of the obligation secured by the mortgage in full, or a decision of a court or arbitration court to terminate the mortgage.

Note, that in accordance with the Mortgage Law, a note on the mortgage regarding the fulfillment of the obligation secured by the mortgage in full must include the words about such fulfillment of the obligation and the date of its execution, and must also be certified by the signature of the owner of the mortgage and certified by his seal (if there is a seal), if the owner the mortgagee is a legal entity.

When the mortgage registry is canceled due to termination of the mortgage, the mortgage is cancelled. In this case, Rosreestr immediately upon receipt of the mortgage will cancel it by affixing a “repaid” stamp on the front side or in another way that does not allow the possibility of its circulation. The canceled mortgage is transferred to the person previously obligated under it at his request.

Thus, if there is a mortgage, the debtor himself can apply to Rosreestr, if he has a repaid mortgage. To obtain a mortgage, after the borrower has fully fulfilled its obligations to the lender, it is necessary to contact the bank from which the mortgage was taken with an application to issue a mortgage. You can also ask the bank for written confirmation of repayment of your home loan (mortgage). Depending on the credit institution, in addition to the mortgage note itself, the following may be issued: a letter confirming the mark on the mortgage note, as well as an act of acceptance and transfer of the mortgage note.

Repaying a mortgage when participating in shared construction

These rules apply if a mortgage was taken out when purchasing an apartment under an equity participation agreement and at the time of its repayment the house has not been handed over and ownership has not been registered with a certificate of ownership.

Due to the fact that when registering a mortgage with participation in shared construction, the object is not actually built, the mortgage is not issued.

In this case, the security in this case is not the real estate itself, but the right of claim of a participant in shared construction arising from an agreement for participation in shared construction that meets the requirements of Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation."

Repayment of a mortgage when purchasing real estate under a shared participation agreement (until the object is put into operation and transferred to a participant in shared construction) is carried out by Rosreestr on the basis of a joint application of the mortgagor and the mortgagee (i.e., the debtor and a representative of the bank).

Therefore, in order to remove the mortgage encumbrance, you need to contact the bank so that they can allocate their representative to jointly stay with Rosreestr.

It is necessary to submit to Rosreestr a bank certificate confirming the repayment of the mortgage and the absence of debt, as well as an equity participation agreement.

Repayment of mortgages under the savings-mortgage housing system for military personnel

If residential premises are purchased or built in whole or in part using savings for the housing provision of military personnel provided under a targeted housing loan agreement in accordance with the Federal Law "On the savings and mortgage system of housing provision for military personnel", the mortgage registration record is repaid within 3 working days from the date of receipt in Rosreestr:

  • statements from the federal executive body ensuring the functioning of the savings and mortgage system of housing support for military personnel in accordance with the Federal Law “On the savings and mortgage system of housing support for military personnel.”

Article 25. Redemption of the mortgage registration record

1. The commented article sets out the procedure for repaying the mortgage registration record. The commented article does not establish the material grounds for terminating a mortgage, but contains only the procedure for repaying the mortgage registration record. In accordance with the provisions of this article, the repayment of a mortgage registration record based on an application by the owner of the mortgage, a joint application by the mortgagor and the mortgagee, or on the basis of a court decision to terminate the mortgage. The basis for a court decision to terminate a mortgage can only be those listed in Article 352 of the Civil Code of the Russian Federation * (98).

According to this norm, the pledge is terminated:

1) upon termination of the obligation secured by the pledge;

2) at the request of the pledgor if there are grounds provided for in paragraph 3 of Article 343 of the Civil Code of the Russian Federation;

3) in the event of the destruction of the pledged item or termination of the pledged right, if the pledgor did not exercise the right provided for in paragraph 2 of Article 345 of the Civil Code of the Russian Federation;

4) in the case of sale of the pledged property at public auction, as well as in the case when its sale turned out to be impossible

According to the general rule, enshrined in Part 1 of the commented article, the registration record of the mortgage is canceled within three working days from the moment the body carrying out state registration of rights receives one of the following documents:

mortgage holder statements;

joint application of the pledgor and the pledgee; When an application from one of the parties to the transaction cannot be submitted to the registration authority for objective reasons, the registration record of the mortgage must be canceled only on the basis of an application from one of the parties to the transaction * (99);

applications from the mortgagor with the simultaneous submission of a mortgage note containing a note from the mortgage owner regarding the fulfillment of the obligation secured by the mortgage in full;

decisions of a court, arbitration court or arbitration tribunal to terminate a mortgage. Such a decision can be made by the court, both on general grounds for termination of obligations, and on specific grounds for termination of a mortgage. At the same time, the mortgage, being an additional obligation in relation to the main obligation, is terminated due to the termination of the main obligation * (100).

The above list of grounds is exhaustive * (101). In addition, based on the provisions of the commented article, as well as Art. Art. 18, 29 of the Federal Law of the Russian Federation "On State Registration of Rights to Real Estate and Transactions with It", the registration record of a mortgage can be canceled on the basis of a court decision on termination of the mortgage that has entered into legal force, which must contain a description of the real estate and information necessary for the state registration of termination of rights. Thus, in one of the cases, the court decision submitted to the registering authority to declare the mortgagor bankrupt did not contain the indicated grounds, and therefore the courts of three instances came to the conclusion that the actions of the registering authority to pay off the mortgage record were illegal * (102).

Let us dwell in more detail on the issues of repaying the mortgage registration record in connection with the bankruptcy of the mortgagor. In accordance with paragraph 15 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 15, 2004 N 29 “On some issues of the practice of applying the Federal Law “On Insolvency (Bankruptcy)”, obtaining the consent of the pledgee to dispose of the subject of pledge is necessary only during such bankruptcy procedures as external management and financial recovery. Therefore, when selling mortgaged real estate included in the bankruptcy estate of an applicant declared bankrupt, the mortgagee’s consent to the alienation of this property is not required. In this case, the absence in the Unified State Register of Rights to Real Estate of a note on the repayment of the mortgage registration record cannot prevent the transfer of ownership to the acquirer of this property in the manner prescribed by law * (103).

In addition to the above, in order to repay the mortgage registration record, the initiative of the parties to the transaction, expressed in the form of an application, is required. The law does not authorize the registration authority to independently cancel a registration record without appropriate grounds * (104). At the same time, the Law under comment specifically stipulates that in order to pay off the mortgage registration record, the provision of other documents is not required.

This situation in certain cases creates the need to turn to the judiciary. Let's give an example.

Thus, in one of the cases it was noted that since the disputed premises were sold at public auction, and the StroyResurs company, as the person who acquired the property at the auction, had no other opportunity to terminate the mortgage except by going to court, the claims by the lower court the authorities were reasonably satisfied. At the same time, the defendant’s reference to the absence of relations between him and the StroyResurs company arising from the real estate pledge agreement was rejected. The court concluded that the bank was an improper defendant, since in response to the bailiff’s request, the bank refused to express its consent to terminate the mortgage, and therefore created obstacles to the removal of the mortgage and the exercise of the rights of the person who acquired the disputed property as a result of public auction*(105).

When paying off a mortgage registration record, the following provisions of the commented Law must also be taken into account:

in cases where the property that is the subject of a mortgage is seized from the mortgagor in the manner prescribed by federal law on the basis that in reality the owner of this property is another person (vindication), the mortgage in respect of this property is terminated (Article 42);

the mortgage is terminated in the event of termination of the mortgagor's right of ownership of the property that is the subject of the mortgage, on the grounds and in the manner established by federal law, as a result of the seizure (redemption) of property for state or municipal needs, its requisition or nationalization (Article 41).

2. In accordance with Part 2 of the commented article, a note on the mortgage about the fulfillment of the obligation secured by the mortgage in full must include the words about such fulfillment of the obligation and the date of its execution, and must also be certified by the signature of the owner of the mortgage and certified by his seal, if the owner of the mortgage is entity. When the mortgage registry is canceled due to termination of the mortgage, the mortgage is cancelled. The body carrying out state registration of rights immediately upon receipt of the mortgage note cancels it by affixing the “repaid” stamp on the front side or in another way that does not allow the possibility of its circulation, with the exception of the physical destruction of the mortgage note. The canceled mortgage is transferred to the person previously obligated under it at his request.