Denis Valentinovich Manturov Minister of Industry and Trade of the Russian ...
Good afternoon.
On August 25, 2017, he applied to the branch of Sberbank of Russia at the address: Mytishchi, Novomytishchinsky Prospekt, 5k1 to submit documents for refinancing an existing mortgage (agreement No. 28323 dated 02/05/2016) under the Assistance Program mortgage borrowers by Government Decree Russian Federation dated August 11, 2017 No. 961.
I handed over a package of documents, my appeal was registered, but according to a bank employee, this program is intended for foreign exchange mortgage holders and in a month I will receive a written refusal.
After reviewing the information on dom.rf on this program and clarifying with the operator of the AHML, I come to the conclusion that this program is for all categories of mortgage borrowers. According to information from the website dom.rf, the Ministry of Construction, Housing and Utilities of the Russian Federation will form a special interdepartmental commission by September 1, 2017. The powers of the newly created commission will include the decision on the possibility of the borrower's participation in the assistance program, if the situation on the mortgage under consideration does not correspond to more than two requirements of the basic conditions of the program, as well as an increase, upon the request of the creditor bank, of the amount of assistance provided, but not more than 2 times.
My financial situation has changed since 02/05/2016 (the date of obtaining a mortgage loan). The wife went on maternity leave and we became a large family... I work alone. As far as I understand, my family can participate in this program and we pass according to all criteria, and even if we do not pass according to some criteria, then the documents should be considered at a special interdepartmental commission (I wrote about it above).
I ask you to explain the procedure for considering my application dated 08.25.2017 and how the documents should be submitted to the interdepartmental commission in case of non-compliance with the conditions of the program?
06.09.2017 11:20
I wrote an application from the Sberbank website to reduce the interest rate on mortgages in connection with the change in the rates of the Central Bank of the Russian Federation and the replenishment of the family, as a result of the deterioration of the financial situation. The application was considered for about 1.5 months. As a result, the rate was reduced from 13.25% to 12%. If you count for the entire period of approximately 95,000 rubles. savings. I want to say thank you to the staff and management of Sberbank for your understanding and a fairly prompt solution to my issue.
I want to note that there is no refinancing in other banks of their own loans, and even though rates are below 12% (in other banks when refinancing a mortgage from a third-party bank), it takes time and financial costs to appraise an apartment, etc. Those. in fact, you get about the same difference between interest rate 12% and 10-11% in another bank. Thanks again.
Hello! I know that since August 11, 2017, RF Resolution No. 961 introduced the possibility of restructuring a mortgage loan (well, assistance from the state). I called the bank, they say, excuse me, while we have no orders from Moscow. Do they have the right to refuse me an application to restructure my mortgage?
Lawyer Antonov A.P.
Hello. They do not have the right to refuse to accept the application (to refuse to accept the application), but they have the right to satisfy or not to accept your request. Indeed, by the Resolution of the Government of the Russian Federation of August 11, 2017 No. 961 “On the further implementation of the assistance program specific categories borrowers on mortgage loans (loans) who find themselves in a difficult financial situation ”on August 14, 2017, amendments were made to the basic 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 the decree of the Government of the Russian Federation dated April 20, 2015 No. 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for 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 ". The program itself is provided for certain categories of borrowers for housing mortgage loans (loans), that is, for those who find themselves in a difficult financial situation, which must be documented and fall under the criteria of this program.
In particular, as of the date of filing an application for restructuring, the following conditions must be met at the same time:
a) the borrower (joint and several 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 (trustees) 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 pupils, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial situation of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan) calculated on the date preceding the date of filing an application for restructuring, does not exceed two times for each family member of the borrower (joint and several debtor) living wage, established in the constituent entities of the Russian Federation, on the territory of which the persons, whose income was taken into account in the calculation, live. At the same time, the average monthly total income of the family of the borrower (joint and several debtors) in billing period is equal to the sum the average monthly income of the borrower (joint and several debtors) and members of his family, which for the purposes of this subparagraph include the spouse of the borrower (joint and several debtor) and his minor children, including those under his guardianship or guardianship, as well as the persons specified in the paragraph the fifth subparagraph "a" of this paragraph, and the size of the planned monthly payment on the loan (loan), calculated on the date preceding the date of filing the application for restructuring, increased by at least 30 percent in comparison with the size of the planned monthly payment calculated on the date of the loan agreement (loan agreement);
c) security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is 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 for 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 some legislative acts of the Russian Federation ”(hereinafter referred to as the contract for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for 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 for 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 pledger. At the same time, in the period starting from the date of entry into force of the 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 for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the statutory capital of the joint-stock company "Agency for Housing Mortgage Lending" as of the date the borrower submits an application for restructuring, it is allowed to have the aggregate share of the mortgagor and his family members in ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph, family members of the pledger include the spouse of the pledger and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by a statement of the borrower in idle time writing... The borrower does not need to provide information from the Unified State Register of Real Estate. Joint-stock company"The Agency for Housing Mortgage Lending" checks the information provided by the borrower in accordance with this subparagraph;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
The changes will make it possible to restructure at least 1.3 thousand credits (loans).
Best regards, attorney Anatoly Antonov.
The limitation of the duration of the program of assistance to mortgage borrowers who find themselves in a difficult financial situation has been canceled
Amendments made to the Basic Provisions for the Implementation of the Program of Assistance to Certain Categories of Borrowers for Housing Mortgage Loans, including:
the limitation of the Program validity period was canceled (earlier the Program validity period extended to restructuring agreements concluded before May 31, 2017);
the maximum amount of compensation for each restructured mortgage loan was increased from 20 to 30 percent of the balance of the loan amount calculated on the date of the conclusion of the restructuring agreement, but not more than 1.5 million rubles, in relation to all categories of borrowers (in this case, the maximum amount may be increased by decision formed by the interdepartmental commission for making decisions on reimbursing creditors, mortgage agents, AHML JSC for losses incurred as a result of the restructuring of housing mortgage loans in accordance with the terms of the Program, no more than 2 times);
provides for an indication in the restructuring agreement of a mandatory condition on setting the lending rate for the entire loan term not higher than 11.5 percent per annum (previously not higher than 12 percent per annum) for loans denominated in foreign currency.
Earlier, by Order of the Government of the Russian Federation of July 25, 2017 N 1579-r, 2 billion rubles of budgetary appropriations were allocated for the implementation of the Program. Now these funds are directed to the authorized capital of AHML JSC for the purpose of reimbursing the incurred losses.
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GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION ON FURTHER IMPLEMENTATION |
The Government of the Russian Federation decides:
1. To approve the attached amendments to the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approved by 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 for 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” (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, No. 50, Art. 7089; 2017, No. 8, Art. 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
by September 1, 2017, create an interdepartmental commission for making decisions on reimbursement to creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint-stock company “Agency for Housing Mortgage Lending” for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulations on the said commission, the composition and procedure for its work;
to send to the joint-stock company "Agency for Housing Mortgage Lending" in accordance with the established procedure, funds in the amount of 2 billion rubles 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 reimbursing losses (their part) to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for housing mortgage loans (loans), the rights of claim under which acquired by mortgage agents, and the joint-stock company “Agency for Housing Mortgage Lending” for mortgage loans (loans), the rights of claim for which were acquired by this company, if the said mortgage loans (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage personal loans (loans) 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 take actions related to the acquisition of these shares and registration of the ownership of the Russian Federation on them, in accordance with the tripartite agreement between the Ministry of Construction, Housing and Communal Services of the Russian Federation, Federal Agency on the management of state property and the joint-stock company “Agency for Housing Mortgage Lending”.
4. To recommend to the joint-stock company “Agency for Housing Mortgage Lending”, prior to increasing the authorized capital in accordance with the third paragraph of clause 2 and clause 3 of this resolution, to send its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (their part) arising as a result of restructuring on the terms of the program assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and allow the use of funds received in accordance with paragraph three of paragraph 2 of this Resolution to reimburse the costs of the joint-stock company "Agency for Housing Mortgage Lending", fuss who, during the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If the borrowers' applications for the restructuring of mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) on mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in case of repeated application of the borrower, provided that the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are met, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
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CHANGES, WHICH ARE INCLUDED IN THE BASIC CONDITIONS OF IMPLEMENTATION ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED IN A CHALLENGING FINANCIAL SITUATION |
The main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
“Approved
government decree
Russian Federation
(as amended by resolution
Government of the Russian Federation
BASIC CONDITIONS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SEPARATE CATEGORIES OF BORROWERS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and joint stock Society "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising as a result of such restructuring (hereinafter referred to as the lender, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out one-time for mortgage loans (loans), restructured in accordance with this document, in the manner prescribed 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 lender are subject to compensation for each mortgage housing loan (loan) restructured in accordance with this document, 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 clause 6, taking into account clause 7 of this document.
4. Reimbursement under the program is carried out within Money provided for the implementation of the program.
5. Restructuring is carried out on the basis of the lender's decision on the restructuring application submitted by the borrower to the lender (hereinafter referred to as the restructuring application).
Restructuring can be carried out by the conclusion of the lender and the borrower (joint and several debtors) of an agreement on changing the terms of a previously concluded credit agreement (loan agreement), concluding a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan (loan), concluding an amicable 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 loan (loan) is 30 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except as 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) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint-stock company “Agency for Housing Mortgage Lending” for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage 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 appropriate appeal of the lender to the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
8. Unless otherwise provided by this document, as of the date of filing an application for restructuring, the following conditions must be met simultaneously:
a) the borrower (joint and several 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 (curators) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
b) change in the financial situation of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan) calculated on the date preceding the date of filing an application for restructuring does not exceed, for each family member of the borrower (joint and several debtor), two times the subsistence minimum established in the constituent entities of the Russian Federation in whose territory the persons whose incomes were taken into account live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the billing period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members, which for the purposes of this subparagraph include the spouse (spouse) of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as the persons specified in paragraph five of sub-clause "a" of this clause, and the size of the planned monthly payment on a loan, calculated on the date preceding the date of filing an application for restructuring, increased by at least by 30 percent compared to the size of the planned monthly payment calculated on the date of the loan agreement (loan agreement);
c) the security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to such residential premises arising from an agreement for 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 some legislative acts of the Russian Federation ”(hereinafter referred to as the contract for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for 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 for 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 pledger. At the same time, in the period starting from the date of entry into force of the 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 for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the statutory capital of the joint-stock company “Agency for Housing Mortgage Lending” as of the date the borrower submits an application for restructuring, it is allowed to have the aggregate share of the mortgagor and his family members in ownership of no more than 1 other dwelling in the amount of no more than 50 percent. For the purposes of this subparagraph, family members of the pledger include the spouse of the pledger and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower does not need to provide information from the Unified State Register of Real Estate. Joint Stock Company "Agency for Housing 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 the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
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 of the currency of the loan (loan) from foreign currency to Russian rubles at the rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate in effect on the date of the restructuring agreement (for loans (borrowings) denominated in Russian rubles);
c) a decrease in the monetary obligations of the borrower (joint and several debtors) in the amount of at least the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the currency of the loan (loan) from foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from payment of the forfeit calculated under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage loans (loans) and (or) charge the lender from the borrower (joint and several debtors) a commission for actions related to restructuring.
12. All settlements within the framework of the program are carried out in Russian rubles at the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). ”.
The sharp depreciation of the ruble had a negative financial impact on foreign currency borrowers. Some of them even face bankruptcy. You can read about the threat of bankruptcy in case of a mortgage and what will happen to a mortgage apartment 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 a difficult life situation. This program assistance to mortgagees prematurely ceased to exist in March 2017 due to the use of the allocated funds.
In August 2017, the Government of the Russian Federation, headed by D.A. Medvedev. allocated an additional 2 billion rubles to provide assistance to mortgage borrowers. However, the terms of the program changed significantly and by 2018 the money allocated to help mortgage borrowers ran out again.
In order to further support mortgage holders, the Government of the Russian Federation made a decision on additional funding for this program and in accordance with Government Decree No. 1175 dated 03.10.2018 " "On the further implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation", an additional amount of 731 million rubles has been allocated.
For reference. The normative document governing the procedure for providing assistance is the Decree of the Government of the Russian Federation of 20.04.2015 N 373 (with amendments and additions in force in 2019) "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for 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".
Now let's take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.
The joint-stock company "DOM.RF" (earlier this company was called the "Agency for Housing Mortgage Lending") deals with the provision of assistance in the event of difficulties in repaying mortgage loans.
Assistance is provided in the form of loan restructuring. At the same time, restructuring can be carried out both by the conclusion of the lender and the borrower (joint and several debtors) of an agreement 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 debt on the restructured mortgage loan. To conclude a debt restructuring, the borrower must submit an application to the credit institution.
Maximum support amount
The maximum amount of compensation for a loan is 30% of the balance of the loan (loan), calculated on the date of the 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) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and to the joint-stock company "DOM.RF" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage 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 loan (loan) on the basis of the appropriate appeal of the lender to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
Program duration
Decree of the Government of the Russian Federation of 03.10.2018 No. 1175 sets the deadline for submitting an application for assistance - December 01, 2018. Such applications may be considered later, and in fact, assistance on such applications will be provided in Q1 2019.
Important. An application on the need for restructuring in accordance with the assistance program must be submitted in time before December 01, 2018.
Conditions for providing support to mortgage borrowers
Now let's figure out who can get help. In accordance with the current legislation, citizens can count on help with mortgage difficulties subject to the following conditions at the same time(listed below):
1 prerequisite - categories of borrowers.
The borrower (joint and several 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 (curators) 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.
2 condition - a change in the financial position of the borrower (joint and several debtors).
To receive assistance, it is necessary that the average monthly gross income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the size of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring , does not exceed for each family member of the borrower (joint and several 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 live.
New condition. 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 income of the borrower (solidary debtors) and his family members, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased at least 30 percent compared to the size of the planned monthly payment calculated on the date of the 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 for an increase of 30% in monthly payments suggests that this program will be able to benefit mainly from citizens who have taken out 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 issued as a pledge. Read about the procedure for obtaining a mortgage in the article at the link.
4 condition - requirements for the area of the room.
Assistance is provided if residential premises, including residential premises, the right to claim for which arises from the equity participation 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 sq. meters total area excluded.
Condition 5 - Sole Housing.
Assistance is provided only if there is only one accommodation. In this case, the presence of the aggregate share of the mortgagor and his family members in the ownership of no more than 1 other dwelling in the amount of no more than 50 percent is allowed.
Important. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower does not need to provide information from the Unified State Register of Real Estate. The Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided by the borrower in accordance with this subparagraph.
6 condition - the term for the 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 the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on the mortgage loan (loan) provided at least 12 months prior to the date the borrower submits an application for restructuring.
New exceptions. Clause 9 of the new Program Conditions (as amended by RF Government Decree of August 11, 2017 N 961) stipulates 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 accordance with the procedure, stipulated by the regulation on the interdepartmental commission.
Mortgage Borrower Support Form
In order to receive assistance, the bank must provide for the following changes in the terms of the mortgage loan:
Which banks provide assistance to mortgage borrowers
Acceptance of documents for rendering assistance to borrowers within the framework of the state program is carried out by the main banks of the Russian Federation. These include:
Sberbank, Gazprombank, VTB 24, Rosselkhozbank, Bank of Moscow, UniCredit Bank, Promsvyazbank, ROSBANK, B&N Bank, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Dalnevostochny bank, Zapsibkombank, ZENIT Bank, Kuryzhkombank , METKOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.
Recall that to obtain restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself turns to the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are satisfied, it will not be superfluous to refer to the decree of the Government of the Russian Federation of 20.04.2015 N 373 in the application to the bank.
Please note that the program does not provide for the full 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 issue of partial or full write-off of fines, penalties and penalties 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 exemption of the borrower from property and title insurance obligations, as well as personal insurance, the conditions for which are spelled out in the current loan agreement.
To receive support, it is necessary to submit to the bank in which the mortgage loan was received, applications with a list of documents provided for by AHML JSC (DOM.RF).
(together with the "Rules for the provision of subsidies from the federal budget for state support technological connection generating facilities operating on the basis of the use of renewable energy sources ")
The Government of the Russian Federation decides:
1. To approve the attached Rules for the provision of subsidies from the federal budget for state support for technological connection of generating facilities operating on the basis of the use of renewable energy sources.
2. The list of subsidies to legal entities, including state corporations and the State Company "Russian Highways", and budget investments to legal entities in accordance with Article 80 of the Budget Code of the Russian Federation, contracts (agreements) on the provision of which are not subject to the provisions of Part 2 of Article 5 of the Federal Law "On the Federal Budget for 2016", approved by the order of the Government of the Russian Federation of March 28, 2016 N 530-r (Collected Legislation of the Russian Federation, 2016, N 14, Art. 2035; N 21, Art. 3023, 3064 ; N 23, Art. 3372; N 27, Art. 4495; N 36, Art. 5413), supplemented with position 101 of the following content:
3. This resolution comes into force from the day of its official publication.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
RULES FOR PROVIDING SUBSIDIES FROM THE FEDERAL BUDGET FOR STATE SUPPORT OF TECHNOLOGICAL CONNECTION OF GENERATING FACILITIES FUNCTIONING BASED ON THE USE OF RENEWABLE RENEWABLE
1. These Rules establish the procedure and conditions for the provision of subsidies from the federal budget in order to compensate for the cost of technological connection of generating facilities with an installed generating capacity of not more than 25 MW, recognized in accordance with the provisions of paragraph 3 of Article 33 of the Federal Law "On the Electricity" as qualified generating facilities operating based on the use of renewable energy sources or peat (hereinafter referred to as the generating facility), to persons who own the generating facilities on the basis of ownership or other legal basis (hereinafter referred to as subsidies).
2. Subsidies are provided within the budgetary allocations provided for federal law on the federal budget for the corresponding financial year, and the limits of budgetary obligations approved and communicated in the prescribed manner to the Ministry of Energy of the Russian Federation for the purposes specified in paragraph 1 of these Rules.
3. Subsidies are provided to persons specified in paragraph 1 of these Rules, selected on the basis of criteria approved by the Government of the Russian Federation of October 20, 2010 N 850 "On approval of criteria for the provision of subsidies from the federal budget in order to compensate for the cost of technological connection of generating facilities with with an installed generating capacity of not more than 25 MW, recognized as qualified facilities operating on the basis of the use of renewable energy sources, to persons who own such facilities on the basis of ownership or on other legal basis "(hereinafter - the recipients of the subsidy).
4. The decision to grant a subsidy is made by a commission formed by the Ministry of Energy of the Russian Federation (hereinafter referred to as the commission).
The procedure for the formation and operation of the commission is determined by the Ministry of Energy of the Russian Federation.
5. The subsidy is provided to the recipient of the subsidy in an amount not exceeding 70 percent of the cost of technological connection of a generating facility, but not exceeding 15 million rubles per one generating facility (maximum subsidy amount), and is calculated in accordance with paragraphs 20-22 of these Rules.
6. The cost of technological connection is determined on the basis of actually incurred expenses for technological connection of a generating facility in accordance with the amount of payment for technological connection established in accordance with the legislation of the Russian Federation on the electric power industry.
7. The provision of subsidies is carried out in accordance with these Rules and the agreement concluded between the Ministry of Energy of the Russian Federation and the recipient of subsidies, which provides for:
a) the purposes, conditions and procedure for the provision of subsidies;
b) the timing of the transfer of subsidies;
c) the consent of the recipient of the subsidy for the Ministry of Energy of the Russian Federation and the authorized bodies of state financial control to carry out inspections of the recipient's compliance with the conditions, objectives and procedures established by these Rules and the said agreement;
d) the procedure for the implementation by the Ministry of Energy of the Russian Federation and the authorized bodies of state financial control of inspections of compliance by the recipient of subsidies with the goals, conditions and procedure for granting subsidies;
e) a list of costs to be compensated for by subsidies;
f) a list of documents submitted by the recipient of the subsidy to the Ministry of Energy of the Russian Federation in order to receive the subsidy.
8. The transfer of subsidies is carried out in accordance with the established procedure to the settlement accounts of recipients of subsidies, opened in Russian credit institutions.
9. Information on the amount and timing of the transfer of subsidies is taken into account by the Ministry of Energy of the Russian Federation when forming a forecast of cash payments from the federal budget, which is necessary for drawing up a cash plan for the execution of the federal budget in accordance with the established procedure.
10. To receive a subsidy, the recipient of the subsidy shall submit the following documents to the Ministry of Energy of the Russian Federation in relation to each generating facility by September 30 of the current year:
a) an application for a subsidy (in any form) signed by the head (another authorized person) of the owner of the generating facility, containing information that insolvency (bankruptcy) proceedings have not been initiated against the recipient of the subsidy and there is no effective decision the judicial authority on declaring him insolvent (bankrupt), information that the recipient of the subsidy is not in the process of liquidation, the bank details of the recipient of the subsidy for transferring the subsidy, as well as a list of attached documents indicating the number of sheets of each document;
b) a copy of the qualification certificate confirming the recognition of the generating facility as operating on the basis of the use of renewable energy sources or peat by a qualified generating facility issued by the market council;
c) copies of agreements on technological connection of the generating facility to electrical networks and also acts on the implementation of technological connection to power grids;
d) a copy of the decision (extract from the decision) of such a body on the establishment of the amount of payment for technological connection to electric grids in relation to the corresponding generating facility, certified by the authorized executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs;
e) copies of documents confirming the performance of work (provision of services) for the implementation of technological connection in accordance with the requirements of technical conditions (contracts, acts of acceptance of work performed, services rendered);
f) copies of payment documents with the bank's mark on the write-off of funds confirming payment for the work performed (services rendered) for the implementation of technological connection in accordance with the requirements of the technical specifications;
g) extract from the Unified State Register legal entities or a notarized copy of such an extract received by the recipient of the subsidy not earlier than one month before the day the documents specified in this paragraph are received by the Ministry of Energy of the Russian Federation;
h) a copy of a document confirming the authority of the person to act on behalf of the recipient of the subsidy without a power of attorney (a copy of the decision on the appointment or election (order on appointment) of an individual to a position, in accordance with which such an individual has the right to act on behalf of the recipient of the subsidy without power of attorney). If another person acts on behalf of the recipient of the subsidy, a power of attorney is also attached to act on behalf of the recipient of the subsidy, signed by the manager of the recipient of the subsidy or a person authorized by this manager, or a notarized copy of such a power of attorney.
11. The documents specified in clause 10 of these Rules (hereinafter referred to as documents) are stitched, numbered and signed by a person entitled to act on behalf of the recipient of the subsidy.
12. Responsibility for the accuracy of the documents submitted to the Ministry of Energy of the Russian Federation is borne by the recipient of the subsidy in accordance with the legislation of the Russian Federation.
13. The date of submission of documents is the date of their receipt by the Ministry of Energy of the Russian Federation.
15. In case of submission of an incomplete set of documents or documents containing incomplete information or improperly executed, the documents are returned to the recipient of the subsidy within 10 working days from the date of their receipt (indicating the reasons for the return).
16. The recipient of the subsidy has the right to re-submit the documents to the Ministry of Energy of the Russian Federation, taking into account the requirements of paragraph 11 of these Rules and provided that the comments that were the basis for their return are eliminated.
17. The decision on granting a subsidy is made by the commission if the generating facility, the recipient of the subsidy, meets the criteria for granting the subsidy.
18. The Ministry of Energy of the Russian Federation, within 10 working days from the date of signing the protocol, shall send the recipient of the subsidy a notification of the grant of the subsidy or of the refusal to provide the subsidy. Information about the decisions taken by the commission within 5 working days from the date of signing the protocol is posted on the official website of the Ministry in the information and telecommunications network "Internet" www.minenergo.gov.ru.
19. In case of establishing the facts of violation of the goals, conditions and procedure for granting a subsidy, the funds received by the recipient of the subsidy are subject to return to the federal budget within 30 calendar days from the date of receipt of the corresponding request from the Ministry of Energy of the Russian Federation and (or) the authorized body of state financial control.
20. The amount of the subsidy provided is determined as the sum of the basic amount of the subsidy provided to the recipient of the subsidy and the amount of the subsidy balance provided to him (if any), calculated in accordance with paragraphs 22 and 23 of these Rules.
21. The basic amount of the subsidy provided to the i-th recipient of the subsidy (C basei) is determined by the formula:
C base i = (З i / З) x C,
i is the serial number of the recipient of the subsidy;
З i - the costs of technological connection of the i-th generating facility to the electric grids (rubles);
З - total costs for technological connection of generating facilities to power grids (rubles), applications for receiving subsidies for which are accepted for consideration and comply with the requirements of these Rules;
С - the amount of federal budget funds provided for compensation of the cost of technological connection of generating facilities in the current year.
22. The balance of subsidies resulting from the calculation of the base amount of subsidies in accordance with paragraph 21 of these Rules and the application of the conditions determining the maximum amount of the subsidy provided to the j-th recipient of the subsidy (C restj) in the event that the amount of the subsidy provided to this recipient of the subsidy, has not reached the limit specified in paragraph 5 of these Rules of the subsidy provided, is determined by the formula:
j is the serial number of the subsidy recipient whose subsidy amount has not reached the subsidy limit, for which the remainder of subsidies is determined, resulting from the calculation of the basic subsidy amount in accordance with paragraph 23 of these Rules and the application of the conditions determining the subsidy limit amount;
С basej - the basic amount of the subsidy provided to the j-th recipient of the subsidy (rubles);
k is the number of recipients of subsidies whose subsidies have not reached the subsidy limit;
m is the serial number of the subsidy recipient whose subsidy amount has not reached the subsidy limit;
OST - the balance of subsidies formed as a result of calculating the basic amount of subsidies.
23. The balance of subsidies resulting from the application of paragraphs 21 and 22 of these Rules, as well as the conditions determining the limit amount of the subsidy, shall be distributed taking into account the provisions of paragraph 22 of these Rules, except for the case when all recipients of subsidies receive a subsidy in the amount corresponding to that specified in paragraph 5 of these Rules, the maximum amount of the subsidy.
24. Control over the observance by the recipients of subsidies of the goals, conditions and procedure for granting subsidies is carried out by the Ministry of Energy of the Russian Federation and the federal executive body exercising control and supervision functions in the financial and budgetary sphere.
