Maternity capital to pay off the military mortgage. Maternity capital for the military: how to get around the pitfalls. What the resolution says

Family capital, as well as mortgage lending for military personnel, are types of state support aimed at separate categories citizens. What if these categories "met" within the same family? It is possible to combine a military mortgage with maternity capital, consider the features of such a combination of circumstances.

Legislative regulation

Law No. 117-FZ of 20.08.2004, which regulates the provision of housing for military personnel, implies the use of state funds for the acquisition of housing. According to the norms established by the law:

• citizens who have entered into a contract with the Ministry of Defense can participate in the program;
• purchased housing must be registered in the ownership of an NIS participant;
• on general rule registration of a mortgage, a soldier makes an initial payment at the expense of his own (accumulated on the NIS account) funds.

At the same time, the source at the expense of which one's own money is deposited is not stipulated and is not limited by anything.

The current law on maternity capital (No. 256-ФЗ dated December 29, 2006) allows the use of state support funds for the purchase of residential premises or repayment of housing loans. The right to use capital is in no way connected with the passage of military service and in any case is controlled by the PFR authorities, and the purchased property should become the joint property of all family members, including its minors.

At the same time, the law does not introduce restrictions on mortgage agreements, which can be fully or partially repaid at the expense of family capital. The main condition here is the intended use - for the purchase of housing.

Thus, the military mortgage and maternity capital can be used together if the family has the right to both types of state support at the same time. Until recently, the only discrepancy in the requirements of the laws was the process of registration of property. In this regard, by the Decree of the Government of the Russian Federation No. 627 of 05/25/2017, some adjustments were made to the established rules, namely, the registration of housing purchased under the NIS into the common ownership of all family members, if maternity capital funds were involved in lending under the military mortgage program ...

Sharing nuances

There are no innovations regarding the terms of crediting and the package of documents provided. The applicant collects a standard set of information for an NIS participant and confirms the family's right to receive maternity capital.

However, when combining two types of state support in one loan agreement, it is important to remember some of the nuances:

1. Maternity capital, just like with a standard mortgage, can be used as a down payment.
2. Coordination with the FIU authorities may take long time so some credit institutions issue a mortgage and in the amount of the first installment, provided that this amount will soon be repaid by means of maternity capital.
3. If the right to the family capital was acquired after the registration of the mortgage agreement, the soldier can partially pay off the debt under the existing mortgage. In this case, it is necessary to notify Rosvoenipotek about the early repayment of part of the debt and changes in the payment schedule.
4. With full early repayment of the mortgage, the serviceman will continue to accumulate funds within the framework of the NIS, which in the future will make it possible to obtain another mortgage loan in order to increase living space or purchase an additional apartment.

If during the period of validity of the mortgage agreement a soldier is dismissed for disreputable reasons and before the required term of service, he loses the right to NIS funds and is obliged to return the money already paid to the state by that time. The family may end up in difficult situation, which will not allow you to pay off the loan. Then the property acquired with the participation of maternity capital may be sold at auction.

Currently, the military mortgage is a priority in solving the housing issue, which, as always, is acute for everyone who serves the country's security.

Military mortgage- an accumulative mortgage system, thanks to which military personnel are provided with housing. Since 2005, in order to participate in the military mortgage program, military personnel can apply for inclusion in the register in order to become borrowers under this program. This gives them the right to receive subsidies from the state for the purchase of real estate.

Subsidy- not a one-time payment, but funds received in the form of annual payments to the serviceman's account, which after a while accumulate on the account in an amount sufficient to purchase real estate. Funds are transferred by the Ministry of Defense Russian Federation... Before using the loan program for military personnel, you need to make sure that the chosen bank works with this program.

Many families of military personnel, receiving a subsidy on a military mortgage, expect to repay the loan with maternity capital if a second or subsequent child is born in the family. Use maternity capital with a military mortgage can be done in two directions:

• To repay a previously issued loan for the purchase or construction of housing (for this there is no need to wait for the three years of the child, in connection with the birth of which the right to family capital arose);
• To make a down payment on a loan (in this case, the child, in connection with the birth of which the right to family capital arose, must be three years old at the time the funds are used).

Features of the use of maternity capital in combination with a military mortgage

It is important to note that when registering housing purchased under a military mortgage, the premises are immediately registered as the property of a soldier. However, when attracting maternity capital, the premises must be registered in the ownership of all members of the soldier's family, namely, his wife (spouse) and children.

Conditions for repayment by family capital of a home loan for the purchase of housing on a military mortgage

1. Compliance with the "three years" rule in the direction of capital for the down payment on a loan.
2. The family must live in a registered marriage.
3. The purchased housing must be located on the territory of Russia.

Documents for directing capital to a military mortgage

The family of military personnel must necessarily have the following documents in order to send maternity capital to pay off the military mortgage:

1. Certificate for maternity capital;
2. A copy of the loan agreement and the lender's certificate of the remaining debt (upon repayment of a previously issued mortgage);
3. A preliminary agreement for a loan (when directing capital to make an initial payment);
4. The obligation to register the acquired housing in the common ownership of all family members;
5. Identity documents of the applicant;
6. Documents confirming the Russian citizenship of the applicant and the child, in connection with the birth of which the right to family capital arose;
7. Birth certificates of all children in the family.

The legislative framework

It is important to list the laws governing the legal relationship on the use of maternity capital for a military mortgage:

1. Federal Law of August 20, 2004 No. 117-FZ "On the accumulative mortgage system of housing for military personnel"(Military Mortgage Law);
2. Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children"(Law on maternity capital).

Registration

All procedures are carried out in close cooperation with the defense department, the Pension Fund of the Russian Federation and the selected credit institution. When sending capital to repay a previously issued home loan, you must first settle all issues with the bank, and then apply to the Pension Fund with an application for the use of capital for a military mortgage.

Early repayment of the military mortgage by the maternity capital is possible if the family has the rights to both subsidies. In this case, the military and their relatives are given a real chance to pay off the loan amount and become a full-fledged owner of real estate ahead of schedule. To represent the scheme of the repayment procedure, it is necessary to understand the essence of both programs.

The Home Purchase Program for the military is a cumulative mortgage system (NIS), in order to participate in which a citizen in service must submit an appropriate report.

The NIS mechanism presupposes the annual crediting to the military account of a fixed amount taken from the state budget. Payment is made for the entire service life.

3 years after being included in the program, a citizen acquires the right to use the accumulated funds for the purchase of housing on credit within the framework of the Military Mortgage project. It is possible to carry out a transaction only in banks that provide such a service.

Maternal capital

Maternity capital acts as a support program for families with children.

The right to participate in the project arises at the time of the birth or adoption of the second and all subsequent children. The main condition is the appearance of a new family member no earlier than 2007.

The subsidy in this case is a one-time payment, which can be used only in the directions strictly indicated in the law. The main one is the transformation housing conditions.

Is it possible to pay off a military mortgage with maternity capital

Most of the servicemen at the time of acquiring housing on a military mortgage are already family people raising one, and often two children. Of course, when a second child appears, the spouses automatically receive the right to additional assistance from the state, and then the question arises - how can maternity capital and military mortgages be used simultaneously, and with the possibility of obtaining maximum benefits? In other words, is it permissible to repay a home loan ahead of schedule from the funds of the mother capital?

Here you should rely on the following points of both state programs:

1. When repaying a home loan, military personnel do not need to report on the source of their funding. In other words, it does not matter for the bank where the funds for mortgage contributions come from. In this case, early repayment of the entire amount or part of it is allowed.
2. Buying residential real estate on credit is possible at the expense of maternity capital finance.
3. Matkapital can be used to repay the existing mortgage loan(regardless of the type of mortgage agreement), payment of a part of it or making an initial payment. At the same time, you don't even need to wait until the age of the second child reaches 3 years.

It is also important to remember that the acquisition of residential premises on a military mortgage involves the subsequent registration of the apartment in the ownership of a participant in the state program. Whereas the improvement of living conditions using maternity capital requires the division of the acquired real estate among all family members in equal shares. This takes into account the existing and all subsequent children.

This was the main controversial point that emerged earlier when it came to the joint use of two state support programs. But in May 2017, the Decree of the Government of the Russian Federation under No. 627 came into force with the adjustment of the rules for issuing loans for housing to NIS participants.

The innovations state that a soldier, using funds from the capital to repay a loan, part of it or pay the first installment, undertakes, within six months after the removal of encumbrances from the real estate, to register the premises in ownership, taking into account all family members. Accordingly, now there are no restrictions on this issue.

Conditions

To be able to share maternity benefits and military mortgages, spouses will need to meet a number of criteria:

• military service experience - at least 3 years;
• the location of the living space acquired under the mortgage - the Russian Federation;
• conclusion between the spouses of an official marriage union in the registry office.

These criteria exclude the likelihood of fraudulent actions on the part of dishonest citizens.

In order to repay the mortgage, you must obtain the consent of the bank where it was issued.

1. state certificate for mother capital;
2. birth certificates of each child;
3. a document proving that the child for whom the mother capital was received is a citizen of the Russian Federation;
4. spouses' passports;
5. copy of marriage certificate;
6. copy of the mortgage lending agreement;
7. certificate of the residual part of the debt;
8. apartment documents;
9. notarial obligation to register the purchased apartment in shared ownership on all family members after removal of encumbrances from housing.

After collecting the papers, you will need to contact the Pension Fund at the place of registration of the owner of the certificate for mother capital. Here you need to fill out an application form for the repayment of a military mortgage according to the provided sample. Further, the documentation is transferred to an employee of the unit for verification and a decision. The process can take up to 2 months.

After receiving a positive response from the FIU, you will need to notify the defense department. After the consent of all structures, the Pension Fund will transfer funds from the capital to the account of the credit institution.

The possibility of paying off military mortgages with the help of maternity capital is allowed at the legislative level. To carry out the procedure, it is necessary to meet a number of requirements and prepare documentation according to the established list.

Additionally, you must obtain permission from the FIU, the defense department and a banking institution. Otherwise, early repayment of the mortgage or part of it will be refused.

A military mortgage, if you use maternity capital plus, is a really great opportunity to solve the housing problem for young families. The legislation does not limit the use of money that is due after the birth of a child in a military mortgage.

Terms of the military mortgage program

An interesting fact is that the program of the accumulative mortgage system clearly establishes the amount of the loan for the purchase of housing by military personnel who are participants in the program. At present, the amount of the attracted loan cannot exceed 2 million 200 thousand rubles.

If the family of a soldier receives the right to dispose of the maternity capital, then this will not affect the amount of the loan for the purchase of an apartment.

In other words, maternity capital is not a means of increasing the loan amount for the purchase of residential premises. But at the same time, the funds of a young family after the birth of a child can be spent on repayment (partial repayment) of a loan for an apartment.

Use of maternity capital

The use of public funds after the birth of a child for the purpose of a military mortgage can be based on the rules for the movement of funds when living conditions are improved, which were developed and approved by the Government of the Russian Federation.

At the same time, it is important to take into account the fact that when acquiring an apartment or house within the framework of the accumulative-mortgage system, property rights are acquired only by military personnel. And when the NIS funds are combined with the funds of a young family, the ownership of the apartment becomes shared.

That is, both the wife of a serviceman and their children can become the owners of the apartment. In practice, this is obtained in the following way. A soldier is obliged to submit to the Pension Fund of the Russian Federation at the place of residence a statement certified by a notary that shares are presented to his family members in accordance with the amount of the certificate.

The program manifests itself when. Such disputes are mainly resolved in court.

Combination stages - military mortgage + family capital

At this stage, the question arises of how to combine the two programs -. As practice shows, special difficulties in this no. All the rules and the procedure for such a procedure are clearly spelled out in the legislative acts of the Russian Federation.

In order to find out how the use of family capital fits into the conditions of the military, he can give real recommendations on how to get around bureaucratic obstacles.

When combining amounts of money from different government programs for the purposes of military mortgages, you should choose a bank that works with these government funds.

For most families of young military men, the most reasonable use of a family certificate is to invest in the purchase of an apartment, which can be done in two ways:

1. To pay off the current mortgage loan (plus the fact that you do not need to wait for 3 years old child)
2. To pay off part of the amount of the first installment when registering a mortgage loan (minus the fact that the child must be 3 years old).

Stage 1. Preparation and collection of the necessary documents

At this stage, it is necessary to collect and submit:

• Certificate for the right to use the parent capital + its photocopy;
• A document of a person who provides a personal certificate for maternity capital. If the certificate is provided to the fund by a trusted person, then a power of attorney with a notary certificate must be in hand;
• A photocopy of the mortgage agreement; It is important to note here that there is no mandatory certification of a copy of a loan agreement for an apartment in the legislation;
• Documents for purchased housing;
• Photocopy of marriage certificate;
• A certificate from the bank that provided a loan for the purchase of housing on the amount of the total debt and the balance of the debt as of a specific date;
• Bank details for the transfer of maternity capital funds.

When collecting documents, you must separately clarify the full package of documents in the Pension Fund. Since it is possible to make changes to this list.

Stage 2. Submission of an application to the Pension Fund about the desire to dispose of the funds allocated by the state after the birth of a child

At this stage, a written application is submitted to the Pension Fund by an authorized person. The application must indicate the amount that will be sent to the bank. That is, you can use not all the money, but some part of it.

When submitting an application, the employee of the Pension Fund who accepts the application must provide a receipt for its receipt. Within one month, the appeal must be considered and a response must be received.

1. You can take a second mortgage in the future;
2. You can change the field of activity from military to any other;
3. Upon reaching 20 years of service, the funds accumulated and indexed annually on a special account can be withdrawn.

The most common purpose of using maternal capital to pay off a military mortgage is precisely the possibility of changing the field of activity, few people plan a second mortgage in advance, and not many people think about the funds that can be obtained in 20 years.

Registration is carried out in agreement with the bank, the defense department and the Pension Fund. Only after obtaining consent from all instances, clarifying all the features, you can apply to the Pension Fund with an application. This is important because it allows you to adjust the timing and avoid unnecessary delays.

Using the mother capital when paying off a military mortgage

This issue is regulated by the following Federal Laws:

Legislatively NOT prohibited use both subsidies from the state at once for the initial payment, that is, the amount accumulated by the military on a special account is increased by the size of the mother capital, which makes it possible to reduce the loan amount.

The state does not prohibit the use of both subsidies at once, which means that you can save a lot

Early repayment of a military mortgage makes it possible to take repeated loan and in the future, for example, to buy an apartment with a larger area, a large number of rooms, which may be relevant in the presence of growing children.

But banks do not always agree to the conditions under which it is required to wait for the receipt of maternity capital for a rather long time (up to two months), the more difficult it is to agree on the terms so that both subsidies are received at the same time.

Therefore, a standard registration of a military mortgage takes place, and then, upon receipt of the mother capital, it is partially repaid ahead of schedule. Thus, the loan amount decreases (relative to the original) with a difference of 1-2 months. There will be no significant difference between the direction of the mother capital for the down payment or for the repayment of the military mortgage.

In a situation with a conventional, not military, mortgage - on the contrary. An increase in the initial contribution at the expense of the capital allows you to get more profitable terms on a loan: reduce the rate due to a larger volume of non-credit funds in the transaction or purchase a more expensive apartment due to the fact that solvency is calculated at the stage of registration. Payments on a military mortgage for a soldier are made by the state.

Features of the simultaneous use of mother capital and military mortgage

The most important difference in the simultaneous use of two mortgage subsidies from the state at once is the type of property right.

So the usual military mortgage is acquired into the ownership of only a soldier, a military mortgage using the maternity capital is formalized into shared ownership. The shares are divided between the two spouses and their children.

If the state gives money, and at once to both the serviceman and the mother - that is, a number of subtleties ...

Such a division is necessary in order to protect the rights of the spouse of a military man, the capital should be used to improve the living conditions of the mother and children, therefore, it is impossible to send it to pay off the mortgage if the apartment is fully registered in the property of the spouse. The need to reissue the Certificate of ownership must be taken into account when calculating the time spent on the transaction.

It is impossible to partially repay the mortgage with maternity capital, if an official marriage has not been formalized. This is an additional measure aimed at reducing the likelihood of fraudulent activity. But taking into account the distribution of shares with the simultaneous use of two subsidies, fraudulent actions become almost impossible, since they are not beneficial to either side.

Housing on a mortgage, combining the use of maternity capital and benefits for military personnel, can be purchased on the territory of Russia. This is separately noted by law, the acquisition of foreign housing on a mortgage and without benefits is not practiced.

To use the mother capital in repayment of a military mortgage, the military mortgage itself is first drawn up, and then an application for partial early repayment.

A situation is possible when the maternity capital will be enough to fully repay the military mortgage, in this case it is recommended to make a reserve of at least 3 payments when calculating the repayment (the balance for full repayment = mother capital + 3 mortgage payments), so that there is no excess, since it is interpreted as misuse of funds.

Both the bank and the Pension Fund control this, but you need to know the subtleties about it. A minimum three-month supply of time is associated with the possibility of delays in the execution of documents, which are twice as much as when using one benefit from the state.

It is worth remembering about bureaucratic delays, in particular, when obtaining mother capital

A common misconception is that when using matkapital to increase the initial payment on a military mortgage, you can increase the loan amount by this amount, by analogy with increasing your own funds in a transaction with a conventional mortgage.

Credit institutions do not agree to this due to the fact that the receipt of capital capital can be expected for a rather long period - up to three months. It is worth noting that in theory such use of the mother capital is still possible, since it is not prohibited by law, but in practice the situation is different.

Obtaining a mortgage loan using benefits for the military and maternity capital

1. First of all, you need to contact a bank that works with both military mortgages and maternity capital. The most logical approach would be to contact large regional banks, where such transactions are often practiced. Small regional banks may also have special programs, but if transactions are sporadic, delays will be more difficult to avoid.
2. Then the soldier submits a report to his department and that he plans to use the right to receive a military mortgage, receives a Certificate of the NIS participant. It is this certificate that is a supporting document for a credit institution when applying for a military mortgage.
3. At the next stage, it makes sense to choose housing so that the application for a mortgage to the bank is substantive. You can choose both an apartment in a new building, and in the secondary market, and such an object as a house with land plot... A standard military mortgage is being issued.
4. Further, the spouse of the serviceman applies to the Pension Fund with a statement that he plans to dispose of the capital to pay off the mortgage loan. You will need a mortgage agreement, marriage certificate and all documents for the apartment. The Pension Fund will consider the application and study the package of documents within a month. Perhaps (especially with a non-standard mortgage object, such as a house with a land plot), additional documents will be required. It is the duration and possible protractedness of the process that explains the complexity of using maternity capital as a means of increasing the initial payment on a military mortgage.
5. After receiving a positive response from the Pension Fund, you need to inform the credit institution that the funds of the capital will soon be received to pay the main debt, and the military department (Rosvoenipoteka) that part of the mortgage will be partially repaid ahead of schedule.