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The Assistance Program for Mortgage Borrowers 2017-2018 has been extended, but the program introduced new conditions for borrowers - foreign currency mortgages are in priority. How to get help?
No EGRN statements. The new program of assistance to mortgage borrowers 2017-2018 from AHML has been extended, but is focused on helping foreign currency mortgage borrowers. Ruble - in flight?
On August 11, 2017, Russian Prime Minister Dmitry Medvedev signed a resolution on the resumption of the state program of assistance to mortgage borrowers in a difficult financial situation. Assistance to ruble and foreign currency mortgages will be provided within the framework of Decree No. 961 of August 11, 2017.
The resolution explains that due to the economic crisis, some mortgage borrowers found themselves in a difficult financial situation (decrease in income, increase in payments on mortgages issued in foreign currency), and therefore need financial assistance from the state.
As part of new program mortgage borrowers receive financial assistance from the Agency for Housing Mortgage Lending (AHML) in the form of a write-off of 30%, but not more than 1.5 million rubles, of the remaining mortgage amount. In addition, the penalty accrued by the bank is subject to write-off, with the exception of the penalty that has already been paid by the borrower or collected on the basis of a court decision that has entered into legal force.
In total, 2 billion rubles were allocated to help mortgage holders, which will allow the restructuring of 1.3 thousand problem mortgage loans.
Mortgage restructuring mechanism
After the restructuring, the rate on foreign currency mortgages will not exceed 11.5%, and the ruble mortgage rate will not exceed the rate on the date of restructuring.
The borrower can choose in what form to receive assistance from the state:
- in the case of a foreign currency mortgage, convert it into a ruble mortgage at an exchange rate lower than the exchange rate of the Bank of Russia at the time of the conclusion of the restructuring agreement;
- one-time write-off of a part of the debt.
During the restructuring, no commissions are charged by the creditor.
Restructuring is carried out by decision of the creditor bank. In case of a positive decision by the bank, the issue of restructuring is further decided by AHML.
Who is entitled to mortgage restructuring under Decree No. 961
Mortgage borrowers (families) belonging to the following categories can receive mortgage loan restructuring under Decree No. 961:
- citizens who are dependent on persons under the age of 24 who are full-time students;
satisfying to each from conditions:
- whose average monthly total income for 3 months prior to the date of application for restructuring, after deducting the monthly payment, does not exceed two living wages for each member of the borrower's family. Size living wage taken in the region where the borrower lives.
- as of the date of filing the application for restructuring, the amount of the monthly mortgage payment has increased by at least 30% compared to the amount of the payment as of the date of conclusion of the loan agreement.
Thus, the program cuts off the possibility of participation in it of the majority of ruble mortgage holders. The authorities spoke about the priority of the new program for foreign currency mortgage borrowers back in the spring of 2017. Later, in July of the same year, representatives of banks confirmed this information.
In addition, by September 1, 2017, a special commission will be established to review exceptional cases restructuring, for example, if the borrower does not meet any of the conditions of the program (no more than two clauses of the conditions), but at the same time clearly needs assistance. Consideration by the commission of such cases will be carried out on the basis of the application of the creditor bank(i.e. the decision to admit the borrower to the restructuring program or not, first of all, is made by the bank).
Also, the commission will be entitled to increase the amount of assistance to the mortgage borrower, but not more than 2 times.
Mortgage Requirements
The total area of mortgage housing should not exceed:
- 45 sq. meters - for a room with 1 living room;
- 65 sq. meters - for a room with 2 living rooms;
- 85 sq. meters - for a room with 3 or more living rooms.
Mortgage housing should be the only, while the total share of the pledgor and members of his family (the spouse of the pledgor, as well as his minor children, including those under his guardianship or guardianship) in the ownership of no more than 1/2 share in another residential premises is allowed between April 30, 2015 and the date of submission of the application for restructuring.
Mortgage must be not less than 12 months before the date of the borrower's application for restructuring.
List of documents for participation in the program
To participate in the mortgage restructuring program, the borrower must collect the required documents:
- Copies of documents proving the identity of all borrowers (solid debtors), as well as the mortgagor (s) and their family members;
- Documents confirming the level of income of all borrowers (solid and joint debtors) for 3 months prior to the conclusion of the restructuring agreement (duly executed copies work books, certificates of income in the form of 2-NDFL, etc.);
- Documents confirming the social category of the borrower (birth certificates of children, certificate of a combat veteran of the established form, certificate of disability, etc.);
- Copies of mortgage title documents.
In addition to the main list of documents, in order to make a decision on the possibility of restructuring, banks are entitled to require any additional documents.
Extracts from the Unified State Register of Real Estate AHML will receive independently.
Banks that participate in the mortgage assistance program
To receive assistance from the state in repaying a mortgage, the borrower must contact his creditor bank:
- JSC AHML
- PJSC Sberbank
- Alfa Bank
- VTB Bank (PJSC)
- Bank GPB (JSC)
- VTB 24 (PJSC)
- PJSC Bank FC Otkritie
- JSC Rosselkhozbank
- JSC UniCredit Bank
- OAO "MOSCOW CREDIT BANK"
- PJSC ROSBANK
- JSC Raiffeisenbank
- PJSC "BINBANK"
- PJSC "Bank" Saint-Petersburg"
- JSCB "Absolut Bank" (PJSC)
- AVENIR LLC
- JSC Avtogradbank
- JSC "AZHIK of the Voronezh Region"
- JSC AHML of the Vologda Region
- JSC AHML CO
- JSC AHML for the Tyumen Region
- JSC AHML of the Tambov Region
- PJSC "AK BARS" BANK
- PJSC "AKIBANK"
- JSCB "Almazergienbank" JSC
- JSCB "AltaiBusiness-Bank" (OJSC)
- PJSC "BANK SGB"
- BASHKOMSNABBANK (PJSC)
- JSC "BINBANK Murmansk"
- PJSC "BINBANK Tver"
- "BOOM-BANK" LLC
- PJSC "BystroBank"
- JSC "VAIZhK"
- RRDB Bank (JSC)
- JSC GLOBEXBANK
- PJSC Far East Bank
- JSC "DVIC"
- AB "Devon-Credit" (PJSC)
- JSC CB DeltaCredit
- JSC "Bank ZhilFinance"
- PJSC "Zapsibcombank"
- PJSC Bank ZENIT
- JSCB Izhkombank (PJSC)
- JSCB "Investtorgbank" (PJSC)
- JSC Mortgage Agency of Yugra
- LLC Kama Commercial Bank
- JSC "Krayinvestbank"
- JSC "Credit Europe Bank"
- Krona-Bank LLC
- Bank KUB (JSC)
- CB "Kuban Credit" LLC
- JSB "Kuznetskbusinessbank" (JSC)
- PJSC "Kurskprombank"
- Bank Levoberezhny (PJSC)
- CB "LOKO-Bank" (JSC)
- PJSC "METCOMBANK"
- CB Moskommertsbank (JSC)
- PJSC MOSOBLBANK
- PJSC "MTS-Bank"
- JSC "RELIABLE HOUSE"
- JSC "NOAIK"
- PJSC "NOKSSBANK"
- OJSC "OblaIZHK"
- JSC "OTP Bank"
- PJSC "Plus Bank"
- PJSC SKB Primorye "Primsotsbank"
- JSCB Proinvestbank (PJSC)
- Regional Fund for the Development of Housing Construction and Mortgage Lending
- JSCB RosEvroBank (JSC)
- JSCB "Russian Capital" (PJSC)
- LLC CB RostFinance
- PJSC JSCB "Svyaz-Bank"
- JSC CB Northern Credit
- JSC "SMP Bank"
- CJSC "SNGB"
- Bank "Snezhinsky" JSC
- JSC "Sobinbank"
- PJSC Sovcombank
- JSC "SPb CJD"
- OJSC AIKB Tatfondbank
- Timer Bank (PJSC)
- TKB (CJSC)
- PJSC "Tomskpromstroybank"
- JSC "TEMBR-BANK"
- JSC "UGAIK"
- PJSC JSCB "Ural FD"
- PJSC "BANK URALSIB"
- NO "RHD Foundation"
- JSCB "FORA-BANK" (JSC)
- JSCB "Forshtadt" (JSC)
- OJSC CB "Center-invest"
- OJSC CHELINDBANK
- OJSC CHELYABINVESTBANK
- JSCB CHUVASHKREDITPROMBANK PJSC
- Moscow Stars B.V.
- JSC " Investment company RESO"
- JSC JSB RUSSIA
- RESO Financial Markets JSC
- ZAO Mortgage Agent AHML 2010-1
- ZAO Mortgage Agent AHML 2011-1
- ZAO Mortgage Agent AHML 2011-2
- ZAO Mortgage Agent AHML 2012-1
- ZAO Mortgage Agent AHML 2013-1
- ZAO Mortgage Agent AHML 2014-1
- ZAO Mortgage Agent AHML 2014-2
- ZAO Mortgage Agent AHML 2014-3
- CJSC Mortgage Agent Absolut 1
- CJSC Mortgage Agent Absolut 2
- CJSC Mortgage Agent Absolut 3
- JSC Mortgage Agent BFKO
- CJSC East Siberian Mortgage Agent 2012
- ZAO Mortgage Agent NOMOS
- ZAO Mortgage Agent Otkritie 1
- CJSC Mortgage Agent Petrocommerce-1
- Mortgage Agent TKB-2 LLC
- CJSC Mortgage Agent HMB-1
- CJSC Mortgage Agent HMB-2
- Mortgage Agent Eclipse-1 LLC
- CJSC MORTGAGE AGENT FORA - 2014
Program duration
The deadlines for the end of the program are not specified in Decree No. 961, but the program will end as soon as the funds allocated for its implementation run out. The Decree comes into force on August 22, 2017.
New conditions of the Assistance Program for Mortgage Borrowers 2017-2018
The sharp depreciation of the ruble had a negative financial impact on foreign currency borrowers. Some of them even face bankruptcy. About what bankruptcy threatens with a mortgage and what will happen to mortgage apartment can be read in the article at the link.
In 2015, the Government of the Russian Federation adopted a program to support mortgage borrowers who find themselves in difficult life situation. This program assistance to mortgage holders ceased to exist ahead of schedule in March 2017 due to the expenditure of allocated funds.
In August 2017, the Government of the Russian Federation, headed by Medvedev D.A. allocated an additional 2 billion rubles to assist mortgage borrowers. However, the conditions of the program have changed significantly.
For reference. The regulatory document regulating the procedure for providing assistance is the Decree of the Government of the Russian Federation of April 20, 2015 N 373 (with amendments and additions in force in 2017) “On the main conditions for the implementation of the assistance program certain categories borrowers on mortgage housing credits (loans) who found themselves in a difficult financial situation, and an increase in the authorized capital of the Joint-Stock Company Agency for Housing Mortgage Lending.
The new terms of the assistance program for mortgage borrowers in force in 2018 were approved by Decree of the Government of the Russian Federation of August 11, 2017 N 961 "On the further implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation" (came into force 21.08.2017).
Now let's take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.
The issues of providing assistance in case of difficulties in the payment of mortgage loans are dealt with by the joint-stock company Agency for Housing Mortgage Lending.
Assistance is provided in the form of loan restructuring. In this case, restructuring can be carried out both by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), and by concluding a new loan agreement (loan agreement) for the purpose of full repayment of the debt on the restructuring mortgage loan. To conclude a debt restructuring, the borrower must submit an application to a credit institution.
Maximum support amount
The maximum amount of compensation for a loan is 30% of the balance of the loan (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1.5 million rubles.
At the same time, the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing credit (loan) on the basis of the relevant application of the creditor to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
Program duration
Although the new edition does not set specific terms for the program, it is assumed that the program will end its existence after all allocated additional Money(2 billion rubles).
Conditions for providing support to mortgage borrowers
Now let's see who can get help. In accordance with the current legislation, citizens can count on assistance in case of mortgage difficulties subject to the following conditions simultaneously(listed below):
1 obligatory condition - categories of borrowers.
The borrower (solidary debtors) is a citizen Russian Federation belonging to one of the following categories:
- citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
- citizens who are disabled or have disabled children;
- citizens who are combat veterans;
- citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students.
2nd condition - change in the financial position of the borrower (solid debtors).
To receive assistance, it is necessary that the average monthly total income of the borrower's family (solid and joint debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly loan (loan) payment, calculated for the date preceding the date of filing an application for restructuring , does not exceed for each family member of the borrower (solidary debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live.
New condition. At the same time, the average monthly total income of the borrower's family (solid debtors) in billing period is equal to the sum the average monthly income of the borrower (solid and joint debtors) and his family members and the amount of the planned monthly payment on the credit (loan) calculated on the date preceding the date of filing the restructuring application has increased by at least 30 percent compared to the amount of the planned monthly payment calculated on date of conclusion of the loan agreement (loan agreement).
Thus, despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition of increasing the monthly payment by 30% suggests that this program will be available mainly to citizens who have taken a mortgage in foreign currency.
3 condition - the location of the property and the official registration of the mortgage.
According to the current requirements, the object must be located on the territory of Russia, and must also be registered as a pledge. Read about the procedure for obtaining a mortgage in the article at the link.
4 condition - requirements for the area of \u200b\u200bthe room.
Assistance is provided if the residential premises, including residential premises, the right to claim for which arises from the share agreement does not exceed:
- 45 sq. meters - for a room with 1 living room;
- 65 sq. meters - for a room with 2 living rooms;
- 85 sq. meters - for a room with 3 or more living rooms /
For reference. The condition of the minimum cost of 1 square. meters of total area excluded.
5 condition - the only housing.
Assistance is provided only in the presence of a single housing. At the same time, the total share of the pledgor and members of his family in the right of ownership of no more than 1 other residential premises in the amount of no more than 50 percent is allowed.
Important. Compliance with these conditions is confirmed by the application of the borrower in simple writing. The submission by the borrower of information from the Unified State Register of Real Estate is not required. Joint-Stock Company The Agency for Housing Mortgage Lending checks the information provided by the borrower in accordance with this subparagraph.
6 condition - the term of conclusion of the loan agreement.
Support is provided only for those loans for which the agreement was concluded at least 12 months before the date of submission by the borrower of the application for restructuring, except in cases where the mortgage loan (loan) is provided for the purpose of full repayment of the debt on the mortgage at least 12 months prior to the date of submission by the borrower of the application for restructuring.
New exceptions. Clause 9 of the new Program Terms (as amended by Decree of the Government of the Russian Federation of 11.08.2017 N 961) provides that in case of non-compliance with no more than two conditions provided for in clause 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner, provided by the regulation on the interdepartmental commission.
Form of support for mortgage borrowers
In order to receive assistance, the bank must provide for the following changes in the terms of the mortgage loan:
- change in the currency of the loan (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
- setting the lending rate not higher than 11.5 percent per annum(for credits (loans) denominated in foreign currency) or not higher than the rate effective on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
- decrease in the borrower's financial obligations(solid debtors) in the amount of at least the maximum amount of compensation due to the one-time forgiveness of a part of the loan (loan) amount and (or) change in the currency of the loan (loan) from foreign currency to Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) nominated in foreign currency);
- exemption of the borrower (solidary debtors) from payment of a penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solid and several debtors) and (or) collected on the basis of a court decision that has entered into legal force.
Which banks provide assistance to mortgage borrowers
Acceptance of documents to assist borrowers under the state program is carried out by the main banks of the Russian Federation. These include:
Sberbank, Gazprombank, VTB 24, Russian Agricultural Bank, Bank of Moscow, UniCredit Bank, Promsvyazbank, ROSBANK, BINBANK, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Far East Bank, Zapsibkombank, Bank ZENIT, Izhkombank, Krayinvestbank, Kurskprombank, LOKO-Bank , METKOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.
Recall that in order to obtain restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself applies to the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are met, it will not be superfluous to refer to the Decree of the Government of the Russian Federation of 04.20.2015 N 373 in the application to the bank.
The current version of Decree of the Government of the Russian Federation N 373 can be found here.
Please note that the program does not provide for the complete exemption of the borrower from making monthly payments on the loan, from paying fines, penalties and penalties accrued under the terms of the loan agreement (loan agreement). The lender may consider the partial or full write-off of fines, penalties and forfeits for late payments formed during the period of deterioration of the borrower's solvency. However, according to the assistance program approved by the Government of the Russian Federation, he is not obliged to do this. In addition, the program does not provide for the release of the borrower from property and title insurance, as well as personal insurance, the conditions for which are specified in the current loan agreement.
Transitional provisions
Many borrowers applied for loan restructuring in early 2017 under the Mortgage Borrower Assistance Program (old version). In connection with the extension of the program, the question arises: “Is it worth submitting new applications in this case, or should banks return to consideration of previously submitted applications?”.
The new Program Terms establish that if borrowers' applications for restructuring mortgage housing loans (loans) were received before the entry into force of Decree of the Government of the Russian Federation No. lenders) on housing mortgage credits (loans) can be carried out in case of repeated application of the borrower, subject to compliance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing credits (loans) in a difficult financial situation, in a new edition.
Thus, to receive support, it is necessary to submit new applications with the list of documents provided by AHML JSC.
Extended State Program for Assistance on Mortgage Loans: Latest News
In 2015, a state program was launched to help mortgage borrowers with the aim of helping people fulfill their loan obligations, for whom they really became unbearable.
The program began to operate in 2016, was suspended, then renewed again. During this time, 18,887 families received assistance. Decree of the Government of the Russian Federation of August 11, 2017 N 961 decided to resume the program, the deadline is not specified in the document.
Program action algorithm
State support is provided through the Ministry of Construction of the Russian Federation through AHML. To this end, Agency for Housing Mortgage Lending JSC allocated funds in the amount of 2 billion rubles for the purpose of compensating creditors for losses on housing mortgage loans.
AHML is a state organization with 100% state capital. It was created to support banks that provide long-term loans for the purchase of housing by citizens.
How are AHML, the bank that issued the "problem" mortgage, and the borrower related to each other. Omitting the terms, we get the following algorithm:
- The bank issues a loan to the borrower from its own funds;
- To restore its stock receives money from AHML;
- The agency buys the right to the issued loan from the bank, leaving it with the functions of an operator in settlements with the debtor. The bank raises the interest on the loan a little and earns on the difference in the rate.
Assistance program for mortgage borrowers in 2018
The program of the 2018 model has been greatly changed taking into account the economic situation, lower mortgage rates and the emergence of banks' own assistance programs (refinancing and restructuring) of bad debts. Support has become more personalized.
One thing remains unchanged: the program does not provide for payment for the borrower of his debt, but only helps to reduce the monthly financial burden to a feasible level.
Who is eligible for government support?
Only four categories of citizens receive the right to receive state support:
- Parents, adoptive parents / guardians / guardians of a minor child (one or more).
- Persons who are dependents of citizens under the age of 24 who are studying full-time in a secondary or higher educational institution.
- Disabled people or citizens with disabled children.
- Combat veterans.
- In rare cases, a revision of the terms of the contract is provided for other citizens at the request of executive authorities, deputies of the State Duma, the commissioner for human rights.
New: Reducing the interest on the mortgage taken to 6% for families where 2nd and 3rd children are born, from January 1, 2018 to December 31, 2022. Program "Family Mortgage with State Support". AHML has already allocated money for this.
Requirements for your financial condition (both conditions are required):
- Three months before the date of application for assistance, the average family income per month must be less than or equal to two times the regional cost of living.
- The minimum mortgage payment has increased by 30% or more compared to the amount of the monthly payment determined at the time of the conclusion of the loan agreement.
In fact, this is a condition that only those who have taken a foreign currency mortgage can receive assistance, since the ruble amounts of the agreement are fixed and cannot increase by 30%. And with the galloping dollar and euro, this is possible.
Mortgage Housing Area Limits for Assistance Purposes:
- 1-room apartment - 45 m2;
- 2-room apartment - 65 m2;
- 3-room apartment and other multi-room housing - 85 m2.
If the mortgaged housing is larger, the bank will simply advise you to sell it and buy a smaller apartment.
Price 1 sq.m. mortgaged housing should not exceed 60% market price 1 sq.m. typical housing on the market (for calculation, current data on the regional market are taken).
The last condition further narrows the circle of applicants for assistance. Market prices per square meter are subject to change. And if the apartment has fallen in price, then support will be denied. But space restrictions do not apply to families with three or more children.
Additional terms:
- 1. The borrower is a citizen of the Russian Federation;
- Mortgage issued at least a year ago;
- Mortgage housing is located on the territory of the Russian Federation and should be the only one for the borrower (it is possible to have one more housing, but on condition that the joint share of the mortgagor and members of his family does not exceed 50% of this property).
To get help, you need to contact the bank where the mortgage is issued. The bank must be included in the AHML list.
Latest news: AHML has been renamed JSC Dom.RF.
What help can be provided?
- Replacing a foreign currency loan with a ruble one. The new rate on the loan should not be higher than on the current mortgage loans offered to banks at the time of the renewal of the agreement, and not higher than 11.5%.
- Reduction of obligations to credit institution. The bank can reduce the loan debt by 30% of the loan balance, but not more than 1.5 million rubles. The amount of compensation is the decision of the financial institution.
Amount of payments under the program mortgage assistance it is possible (but difficult!) to double it by submitting an application to a special interdepartmental commission. The same commission will also consider your complaint if the bank refuses to provide assistance or when it is issued under 2 points of the conditions from the list of mandatory ones.
During the restructuring period, the lender cannot demand a commission or other additional payments from the borrower.
All actions related to restructuring are carried out at the expense of the state.
List of required documents
Scroll required documents, which must be collected before going to the bank:
- Passport of a citizen of the Russian Federation;
- completed application form; (you can fill in the form found on the bank's website);
- loan agreement;
- birth certificate of children (minors);
- combat veteran's certificate;
- documents on solvency for the last three months;
- work book (original for the unemployed and a copy for the employed);
- certificate stating that the child is a full-time student;
- decision of the guardianship authorities and court order (for guardians and adoptive parents of minors);
- certificate of state registration of the property;
- certificate of medical and social expertise (for disabled people and in the presence of a disabled child);
- a valid insurance policy and a receipt for payment of the insurance premium.
You can clarify the entire list of documents at the bank or on the bank's website in the appropriate section.
What if you are not eligible for the program but need help?
We repeat that in practice only borrowers who have issued a mortgage in foreign currency can count on receiving assistance from the state. For the rest, a high percentage of failures.
And what about other borrowers who also found themselves in a difficult situation?
Banks offer their own options for restructuring / refinancing, mortgage loans without the participation of AHML.
According to Dom.RF forecasts, average mortgage rates will be about 8% by the end of 2018, and the rate of 7% is “a one-two-year perspective”.
The Government of the Russian Federation decides:
1. Approve the attached changes that are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, art. 2567; No. 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
before September 1, 2017, create an interdepartmental commission to make decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) , the rights of claim for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;
to send funds in the amount of 2 billion rubles to the joint-stock company Agency for Housing Mortgage Lending in accordance with the established procedure in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of compensating for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which were acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage housing credits (loans) that found themselves in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the ownership of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, federal agency for the management of state property and the joint-stock company "Agency for Housing Mortgage Lending".
4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for housing mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the Joint-Stock Company "Agency for Housing Mortgage Lending" that occurred during the implementation of the assistance program certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
|
CHANGES TO THE MAIN CONDITIONS OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE CREDITS (LOANS) BORROWERS IN DIFFICULT FINANCIAL SITUATION |
The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
MAIN CONDITIONS FOR THE IMPLEMENTATION OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE LOANS (LOANS) FINDING IN A DIFFICULT FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint stock to the company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out on a one-time basis for mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".
3. Losses (their part) of the creditor on each mortgage housing credit (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).
Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.
8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:
a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);
c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights of claim to such dwelling, arising from an agreement on participation in shared construction that meets the requirements federal law"On Participation in the Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Shared Construction Participation Agreement);
G) total area residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the mortgagor and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. Submission by the borrower of information from the Unified State Register of Real Estate is not required. mortgage lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.
12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".
Decree of the Government of the Russian Federation of August 11, 2017 N 961
"On the further implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation"
The Government of the Russian Federation decides:
1. Approve the attached changes, which are made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, art. 2567; No. 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
before September 1, 2017, create an interdepartmental commission to make decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) , the rights of claim for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;
to send funds in the amount of 2 billion rubles to the joint-stock company Agency for Housing Mortgage Lending in accordance with the established procedure in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of compensating for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which were acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage housing credits (loans) that found themselves in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.
4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for housing mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the Joint-Stock Company "Agency for Housing Mortgage Lending" that occurred during the implementation of the assistance program certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.
APPROVED
Government Decree
Russian Federation
dated August 11, 2017 N 961
Changes to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation
The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
"APPROVED
Government Decree
Russian Federation
April 20, 2015 N 373
(as amended by the decision
Government of the Russian Federation
dated August 11, 2017 N 961)
Basic conditions
implementation of an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint stock to the company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out on a one-time basis for mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".
3. Losses (their part) of the creditor on each mortgage housing credit (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).
Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.
8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:
a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);
c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement on participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from the agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under the loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the mortgagor and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. Submission by the borrower of information from the Unified State Register of Real Estate is not required. mortgage lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.
12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".
Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.
1. Electronic applications in the field of competence of the Ministry of Construction of Russia filled in in accordance with the attached form are accepted for consideration.
2. An electronic appeal may contain a statement, complaint, proposal or request.
3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.
4. In accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation", electronic applications are registered within three days and sent, depending on the content, to the structural divisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the appropriate official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.
5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.
6. The response to the applicant of the appeal is sent to the postal address specified when filling out the form.
7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to privacy citizen without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements of Russian legislation on personal data.
8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"
The Government of the Russian Federation decides:
1. Approve the attached changes that are being made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, art. 2567; No. 50, art. 7179; 2016, No. 50, article 7089; 2017, No. 8, article 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
before September 1, 2017, create an interdepartmental commission to make decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) , the rights of claim for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;
send funds in the amount of 2 billion rubles to the joint-stock company Agency for Housing Mortgage Lending in accordance with the established procedure in accordance with the order of the Government of the Russian Federation dated July 25, 2017 No. 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending "for the purpose of compensating for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which were acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage housing credits (loans) that found themselves in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.
4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for housing mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the Joint-Stock Company "Agency for Housing Mortgage Lending" that occurred during the implementation of the assistance program certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.
APPROVED
Government Decree
Russian Federation
dated August 11, 2017 No. 961
changes,
which are included in the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation
The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
"APPROVED
Government Decree
Russian Federation
April 20, 2015 No. 373
(as amended by the decision
Government of the Russian Federation
dated August 11, 2017 No. 961)
Basic conditions
implementation of an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint stock to the company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out on a one-time basis for mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".
3. Losses (their part) of the creditor on each mortgage housing credit (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring).
Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.
8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:
a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding date of submission of the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the scheduled monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);
c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement on participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from the agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under the loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 No. 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the mortgagor and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. Submission by the borrower of information from the Unified State Register of Real Estate is not required. mortgage lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
c) reduction of monetary obligations of the borrower (solidary debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate below the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) collected on the basis of a court decision that has entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.
12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".
Document overview
The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation have been clarified. The changes will make it possible to continue the program and restructure at least 1.3 thousand credits (loans).
The Ministry of Construction of Russia provides for the creation of an interdepartmental commission that will be able to make decisions, including on increasing the amount of compensation to borrowers.
In addition, the Ministry was instructed to send 2 billion rubles to the Agency for Housing Mortgage Lending. for the purpose of the program.
