Sale of a mortgaged apartment secured by Sberbank. How to sell an apartment with a Sberbank mortgage? Is it possible to sell an apartment with a Sberbank mortgage? Do I need bank permission?

Many people doubt whether it is possible to sell an apartment with a Sberbank mortgage? Some are sure that the property that is pledged is not for sale. In fact, the sale of a mortgaged apartment is not prohibited. And no exception.

Or obtaining consent, readiness for lengthy and complex registration.
Or an attempt to find a buyer for a mortgaged apartment, with his help to decide financial difficulties with the bank, and sell him the mortgage-free housing.

If in the first case the seller can count on an amount less than the price of a similar “vacant” apartment, then in the second he will receive even less, and finding a buyer will be even more difficult.

But this is only the “big picture”, which can be significantly improved by a fortunate combination of circumstances or the efforts of the home seller.

Reasons and conditions for selling a mortgaged apartment

In many ways, the price and other conditions for the sale of an apartment with a mortgage (i.e. pledged by Sberbank or) depend on the individual circumstances of the seller.

Someone sells an apartment because they do not have the funds to make further loan payments.
Some because they are able to pay for more expensive housing and want to move into it.
Some people are forced to sell by personal circumstances: a new addition to the family, the need to move, divorce, etc. General rules there is no. But in practice, some repeating dependencies can be traced:
The worse the situation and financial prospects of the seller, the less he will receive from the sale. Many buyers tend to use a “forced sale.”
The lower the offered price, the higher the buyer’s risks. Sellers often reduce the price if they are unable to independently resolve problems with the bank and the execution of the transaction. But there is no guarantee that the buyer will be able to solve these problems.

Sale of a mortgaged apartment with the consent of Sberbank

The sale of an apartment mortgaged by Sberbank requires its mandatory consent. And to obtain this consent, it is necessary to personally contact the recipient of the mortgage loan to Sberbank PJSC and explain to them their motives.

Most likely, Sberbank will agree:

For those who are unable to pay the loan.
And for those who are willing to pay a mortgage for more expensive housing.

In the first case, the Bank avoids the procedure of forced eviction, sale of housing and related problems.

In the second case, the Bank hopes to earn more from the same client.

How to sell an apartment with a Sberbank mortgage

The operation of selling an apartment with a mortgage goes like this:

The borrower informs the bank of his desire to sell the apartment. Explains the reasons.
Obtains the bank's consent to the operation.
The bank offers the client to conclude preliminary agreement purchase and sale.
The seller receives an advance payment and pays off the debt to Sberbank.
The seller and the buyer draw up not a preliminary, but a final agreement for the purchase and sale of an apartment.

Another option, much more rare, is to re-register the mortgage agreement to another person. There is a kind of “sale of debt”, i.e. an agreement is concluded to transfer the debt to a third party. In this case, the other borrower begins to pay the mortgage loan. All rights to the housing remaining pledged to the bank are transferred to him.

There is no certainty that the buyer of the apartment will meet Sberbank’s requirements. And there is even less chance that the Bank will agree to issue a loan to a new borrower on the same terms.

Both the first and second cases carry some risks for the buyer.

Having repaid the loan using his funds, the apartment owner may refuse to continue the transaction. After all, it is impossible to conclude an agreement on the sale of living space until it is released from the bank pledge. Those. we will only talk about the debt of one individual to another, and not about the obligation to transfer ownership of the apartment.

A sale with the consent of Sberbank has one important advantage - the Bank can act as a guarantor of the transaction. And the buyer will have the opportunity to transfer money directly to the Bank to repay the loan.

We have already discussed the buyer's risk, and the seller's risk is that the Bank may object to the transfer of ownership. In this case, you will first have to pay off the apartment in full and only then sell it.

There is also no talk of guarantees from Sberbank during the operation.

In general terms, sales without the Bank’s consent follow the same rules. But some precautions are added:

The seller receives a certificate from Sberbank about the amount of the unpaid balance. And presents it to the buyer.
The preliminary agreement for the purchase and sale of an apartment is drawn up by a notary.
The buyer removes two safe deposit boxes from the depository. One contains the amount to repay the mortgage loan, the second contains the difference between the price of the apartment and the repayment amount. Money from the first cell goes to the Bank, money from the second cell is received by the seller.

Another way is to open a letter of credit account with Sberbank into which the buyer deposits the entire cost of the apartment, and the seller receives the amount minus the debt to the Bank.

And one more option for sellers with high current income.

Take it from any bank consumer loan.
Use his funds to pay off the mortgage.
Sell an apartment not encumbered with a mortgage.

But in order to get comparable (in the average case) to half the price of an apartment, you need to have a very high and stable income.

Also, when selling without the Bank’s consent, counter agreements with various kinds of obligations may be used. This is done in order to protect the buyer from the buyer’s desire not to fulfill the preliminary purchase and sale agreement after repaying the debt to Sberbank. An approximate example of such an agreement can be found on the Internet; it is better to choose “fresh” options, preferably from 2020, in order to prevent possible inconsistencies with current legislation. However, this concerns only the form of the agreement, but its content, i.e. Finding obligations that the seller cannot violate becomes the buyer's problem.

But the main important aspect for almost any aspect should be the understanding that all the difficulties and risks of the transaction proportionally reduce the price of this housing.

How to sell an apartment with a Sberbank mortgage, if you really need it, because:

financial capabilities have changed and do not allow making payments in full;
co-borrowers decided to divide the living space, which often happens when spouses divorce;
there was an opportunity to change housing to a better one;
it is necessary to change the place of permanent residence due to a change of job, for family reasons, etc.

If the home owner has own funds in the amount of the loan balance and the amount of interest accrued since the last payment, then it is enough to simply close the loan. The bank will issue the necessary permission, and the judicial authorities will register the transaction in accordance with the general procedure.

If there are no such amounts, then you will have to look for other ways. There are several legal ways to sell an apartment mortgaged to Sberbank.

The main problem in such a situation is to come to an agreement with the buyer, since he bears significant risks, and to obtain permission from the bank.

Confirmation of the fact of transfer of money by drawing up and transmitting receipts to the future owner of the property - great way convince him of your honest intentions, strengthening his confidence in the correctness and legality of the transaction.

The most difficult thing when working with a lender is communicating with its staff: people will have to do a lot of work, spend their time, take risks.

If the reason for putting up an apartment that is in collateral is financial difficulties, then it will be easier to obtain permission. This is perhaps the only situation where a creditor will voluntarily agree to a deal. Moreover, it will facilitate its conclusion (ensure timely preparation of documentation).

First, you should contact the bank in person and explain the situation. If an oral agreement has been reached to sell the collateral, you can proceed according to one of the schemes described below. If you are refused assistance, you should contact the creditor in writing, either by sending him a letter or by submitting an application. The application, which indicates the reason for possible non-payments, should be accompanied by confirmation of the deterioration of the financial situation:

certificate of loss of ability to work;
a certificate from the labor exchange confirming registration as unemployed, etc.

Productive negotiations are only possible if the terms of the mortgage agreement are met, i.e. upon payment of due amounts on time.

Sberbank is, first of all, commercial organization, whose main goal is to make a profit, therefore he is not interested in early repayment of loans. But there is also a requirement Central Bank about quality loan portfolio, i.e. the permissible volume of problem (overdue) loans. Violation of these conditions may result in license revocation.

Therefore, the bank, despite the loss of profit in the form of interest on mortgage loan, is interested in a peaceful resolution of the conflict. It is more profitable for him to give permission to sell the collateral than to have problems with the Central Bank, the courts and sell the mortgaged apartment on his own.

The purchase and sale transaction of an apartment in terms of resolving issues with a credit institution is carried out by the borrower independently (or with the involvement of a realtor). The lender's interests are insured by drawing up a notarized agreement between the buyer and seller. The paper states the following obligations:

the buyer pays off the mortgage;
seller - to sell housing under certain conditions.

The money received under the transaction is used to repay the loan, in exchange Sberbank issues a certificate of no claims regarding the object. The paper is presented to the registration authorities when registering the transfer of ownership of the object on the basis of a purchase and sale agreement endorsed by the parties.

Buying a loan

Purchasing a loan means an actual change of borrower and owner of the collateral, i.e. the encumbrance remains, but the buyer will be the payer.

The operation is possible if we are talking about secondary housing. If the object is an unfinished apartment, then the scheme applies only when the purchase was formalized under an equity participation agreement. In such a situation, permission from the developer will also be required. The transaction is drawn up in the form of an assignment agreement, according to which the buyer, after delivery of the housing, will acquire the right to claim the property. The document must be approved by the bank's legal service.

For this scheme, you will need to provide the bank with confirmation of the buyer’s solvency and reliability:

passport;
Sberbank card, which receives wage(pension, other regular income). If the employer is not accredited with Sberbank, a certificate in form 2-NDFL and a copy of the work record, certified by the employer, will be required. But the lending conditions in part interest rate will be less profitable than for employees of accredited organizations;
a completed form, which can be obtained at any branch.

The submitted documents and the identity of the applicant are verified by the bank's security service. If the potential borrower is married, then his spouse will necessarily be involved as a co-borrower, i.e. he will need to provide all the documents listed above.

As a result of the transaction, the buyer must become a new borrower. The basis is an agreement on the transfer of debt, signed by:

an authorized representative of the bank;
seller (current borrower);
buyer (future borrower).

The document contains the buyer's obligation to fully repay the debt. When registering the transfer of rights, the certificate will indicate the fact that the apartment is pledged to Sberbank, but a different owner will be indicated.

The risk of cancellation of the transaction and loss of the advance payment, the amount of which will correspond to the amount of the seller’s mortgage debt, is significantly reduced if the transaction is concluded using safe deposit boxes.

In one of them, during the “interim” period (when the buyer has already given the money, but the encumbrance has not yet been lifted, the transfer of rights has not been registered), money will be stored in an amount equal to the amount of the mortgage debt, and documents confirming the absence of claims by the bank on this subject of pledge . In the other - the balance of the amount under the contract due to the seller.

Initially, Sberbank gives permission to sell an apartment with a mortgage. The seller and buyer sign a sales contract. The document is submitted for state registration.

The money needed to pay off the debt and documents for removing the encumbrance are stored in a safe deposit box until the agreement is submitted to the registration authorities. The buyer takes the papers to remove the encumbrance and transfers them to the justice authorities, who will have a legal basis to register the transaction and the transfer of ownership. After registration, the seller withdraws the remaining amount.

Deposit

Before selling an apartment that is mortgaged by Sberbank, you need to open a deposit (irrevocable letter of credit) with this institution. The scheme is similar to the procedure for selling the collateral with payment through safe deposit boxes.

The buyer will deposit an amount into this account, which will be taken into account as payment for the property. Part of the money will be used to repay the loan, the part due to the seller will be paid to him only after confirmation of the fact of registration of the transfer of ownership (provision of a purchase and sale agreement with a mark of registration).

Employees will independently transmit information about the closure of the loan to the justice authorities. After this, the transaction and transfer of ownership are registered.

An apartment with a Sberbank mortgage can be sold without its notification. This method is practiced if, for one reason or another, the creditor refuses to consent to the sale of the collateral.

The scheme is risky for the buyer, because he will have to pay off the stranger’s debt - close the seller’s loan ahead of schedule - without a guarantee that if the agreement fails, he will be able to return what he spent. Sberbank will issue a document indicating the repayment of obligations. The paper is submitted to the registration authorities, which, based on the purchase and sale agreement, will formalize the transfer of ownership in the usual manner.

On-lending

If a buyer is found, but the parties are not satisfied with any of the methods described above, the seller has the right to take out a loan for the amount of the remaining mortgage debt from another bank. Naturally, if this is possible based on the conditions offered by competitors and the solvency of the seller, the presence of a large loan balance will reduce the amount monthly income, taken into account as an indicator of solvency, by the amount of monthly mortgage payments. This fact greatly reduces the chances of getting another loan.

The concept of “mortgage” has been around for a long time, and everyone knows its meaning. The cost of housing is constantly growing, so a mortgage is one of the most reasonable ways to solve the housing problem. However, situations arise when a mortgaged apartment needs to be sold. How to sell an apartment with a Sberbank mortgage? What are the risks for buyers and sellers of such housing?

Reasons for selling mortgaged housing

Mortgage real estate can be sold for the following reasons:

Owners of a mortgaged apartment can no longer pay for it for various reasons, for example, as a result of losing their job.
There was a chance to purchase real estate on better terms. Thus, a mortgaged apartment becomes unnecessary.
Family circumstances, for example, divorce, marriage, receiving other real estate by inheritance or gift, etc.

How do banks react to such transactions?

When a home loan borrower becomes unable to pay, in most cases the only reasonable solution is to sell the mortgaged apartment and buy a smaller one. To carry out a transaction of this type, you must first obtain permission from the bank where the home loan was issued. As a rule, the bank is interested in timely repayment of the mortgage and avoiding delays. Therefore, the bank usually assists in the sale of mortgaged real estate in order to prevent possible debt.

Features of selling mortgage real estate

Realtors have long known that mortgage real estate transactions account for more than 50% of all transactions. To conduct a transaction, you must obtain permission credit organization, in our case, Sberbank of Russia. In this case, the bank will have to reimburse in full the costs it incurred as a result of issuing loan funds to the borrower, and partially lost profits.

Selling methods

How to sell an apartment with a Sberbank mortgage? There are 3 ways to complete a transaction:

Repayment of a housing loan. The method is suitable only in situations where the terms of the mortgage loan provide for the possibility of early repayment. The mortgage will be repaid from the funds of the buyer of the apartment; for this purpose, the seller must conclude a preliminary agreement with him and have it certified by a notary. After this, the buyer, seller and bank enter into an agreement to pay off the mortgage and remove the encumbrance. You can sell an apartment only after registering the removal of the encumbrance with Rosreestr.
Sale of mortgage. The mortgaged property can be transferred to a third party under a new loan agreement with Sberbank. To do this, as in the previous case, the buyer and seller first conclude and register a preliminary agreement with each other, and then with the bank - a tripartite agreement on changing the borrower. After this, a purchase and sale agreement is drawn up and registered with Rosreestr.
Re-issuance of a loan. The method is suitable in cases where it is possible to convert the mortgage into a regular consumer loan. To begin with, the seller reissues the loan, and then receives consent from Sberbank to sell the home. After this, you can begin to draw up a purchase and sale agreement.

What documents will be needed?

The sale of an apartment with a mortgage involves the collection of:

title papers,
copies of owners' passports,
BTI passports,
extracts from the house register,
copies of the real estate personal account.

In addition, permission from the guardianship authorities may be required if one of the owners is a minor. You will also need an extract from the Unified State Register indicating the current state of encumbrances and all owners.

The Bank has the right to additionally request:

copy of driver's license,
military ID,
a certificate from a tuberculosis clinic (if there are elderly owners).

Sales procedure

The procedure for selling an apartment that is mortgaged by Sberbank consists of the following stages:

The buyer of the apartment makes an advance payment to the seller for it.
The seller provides the bank with an agreed package of documents.
The seller invites specialists from the appraisal office to draw up a full report on the apartment.
Preparation of preliminary and main agreements, coordination of the procedure for selling a mortgaged apartment with Sberbank.
Signing agreements.
Registration of a mortgage for an apartment in a bank, removal of encumbrances, state registration of a contract and property rights.
Receiving a certificate of registration of rights, conducting mutual settlements between the buyer and seller.

Selling an apartment with a Sberbank mortgage is a rather long procedure, especially when it comes to early repayment of a housing loan. Sberbank does not consider dubious schemes, so it mainly offers to act according to the algorithms it has developed. Thus, the sales procedure will be individual in each specific case. It is important to note that Sberbank is reluctant to reissue a mortgage in any way.

How to sell an apartment with a Sberbank mortgage with maternity capital?

If the home loan was taken out against maternity capital, the transaction will look somewhat more complicated. The child for whom funds have been allocated from the state budget must be 3 years old. Only in this case can you sell your home in order to buy a new one with the proceeds. This can be either other, including mortgage, real estate in new buildings, or on the secondary market.

The seller must obtain written permission from Sberbank to sell the home. This document specifies the terms of the transaction (for example, payment of a commission). After this you can start repaying current debt and submit documentation to Rosreestr to clear the record of the existence of an encumbrance and at the same time to re-register ownership. In addition, the apartment can be sold if there is an encumbrance, and the loan is repaid after state registration of the agreement. Then you can begin to remove the collateral.
If the apartment has been owned for less than 3 years

The procedure for selling an apartment that has been owned for less than 3 years is no different from the above algorithm. The only difference is that the seller needs to pay income tax. But if you purchase new housing of greater value, you can get tax deduction and return 13%. If a new apartment of lesser value is purchased, no deduction is paid.

Selling an apartment during a divorce

Recently, an increasing number of married couples are deciding to divorce. In this case, the former spouses must divide the property acquired during the marriage, but also joint debt obligations. How to sell an apartment with a Sberbank mortgage during a divorce? There are two schemes.

The mortgage was issued after marriage. Former spouses must sign an additional agreement at the bank to the housing loan agreement. In this situation, banks usually decide to reissue two new loans or rewrite the previous one to one borrower. Since the terms of the loan are determined individually, you must first consult with the bank.
The mortgage was obtained before the spouses entered into legal marriage. In this situation, one of the former spouses acts as a borrower. At the same time, housing is not legally considered jointly owned. Only payments made after marriage may be subject to division here. This can only be achieved by a court decision. And in this case, you should consult with a Sberbank employee.

How to sell an apartment with a Sberbank mortgage through a realtor?

Often, owners of mortgaged apartments who want to sell such housing attract real estate agencies. How to sell an apartment with a Sberbank mortgage in this case? First you need to find out the possible options for selling real estate to a bank. After this, you need to contact a realtor who will directly search for buyers and collect the documents necessary for the transaction. The agency will take a considerable commission for its services, but the sales process will speed up significantly. The method of selling a mortgaged apartment with the participation of a realtor is suitable for those owners who want to get rid of such housing as soon as possible.

Risks for the buyer

Transactions with real estate purchased with borrowed funds are risky, primarily for the buyer. If the seller turns out to be dishonest, the buyer will not be able to purchase an encumbered apartment; accordingly, he will be denied a loan and will not receive the desired apartment. Unfortunately, situations arise when sellers falsify documents. In addition, the buyer may be faced with a lack of necessary documents or their inconsistency with the bank’s requests from the seller for re-registration of real estate. If the owner is a minor, the guardianship authorities may prohibit the sale of housing.

Risks for the seller

Let us remind you that the procedure for selling a mortgaged apartment is fully controlled banking institution at all its stages. The bank is most interested in the success and transparency of the transaction. An important role here is played by such a factor as the buyer’s solvency, since if this parameter does not meet the bank’s requirements, the mortgage will not be reissued.

The seller should be careful when making mutual payments with the buyer and not get involved in various “gray” money transfer schemes, which are quite often implemented by scammers. There is a risk that the sale will fail. However, if an unscrupulous buyer is identified, this will help the seller avoid serious problems in the future. Remember that scammers can also mislead a bank employee. However, the insurance service also participates in the transaction on the part of the bank, whose responsibility is also to verify the legality and legality of the transaction. The shadow scheme will thus be revealed.

In this regard, the biggest risk for the seller is a waste of time if the buyer is refused a home loan.

Selling mortgaged properties is not uncommon these days. Situations when a borrower can no longer repay his debt occur frequently. The only reasonable solution is to sell the mortgaged home. How to sell an apartment purchased with a Sberbank mortgage? First of all, you should obtain consent from the credit institution to sell such an apartment and find a buyer. After this, you can begin to complete the transaction. There are two main options - the buyer pays off the mortgage or the home loan is reissued for him. Another way is to convert a mortgage into a consumer loan. However, mortgage real estate transactions are risky for both buyers and sellers.

For many Moscow residents, the issue of mortgages remains relevant. Real estate in the capital is expensive, and often there is no other choice but to take a loan from the bank to purchase it. An apartment purchased with a mortgage is a kind of guarantee that the bank will receive back the loan issued. This means that although the ownership of such real estate belongs to you, it is “frozen” by the bank, that is, its transfer is prohibited.

But what to do if circumstances do not allow you to repay the loan? For example, no one is insured against divorce, quarrels among relatives, loss of solvency, or any other situation that forces them to sell a home for which the mortgage has not yet been paid. Or could it happen that during the long period that the bank gave you to return the funds, you decided to change your home, for example, due to a change of job? This issue can be resolved in several ways.

Full repayment of the loan before selling the home

This option assumes full repayment debt before selling an old apartment and buying a new one. As soon as the mortgage debt is paid, all restrictions on the sale of the mortgaged apartment will be lifted from the borrower. This will allow you to buy a new home without any problems using personal funds or, again, on credit.

The key point when this option The question is: “Where can I get the money to pay off the loan balance?” After all, the old housing has not yet been sold, and there are no personal funds in such quantities, otherwise why would you have to take out real estate on credit? Here the borrower has several options. He can borrow money from friends or relatives. In this case, all the manipulations with the bank and the purchase of a new home will take only a few days, after which you can return the borrowed money.

If this option is not possible, money can be obtained from a person interested in buying your home. Then the stages of the transaction will have the following sequence:

The borrower (seller) must contact the bank where the loan was issued and clarify the balance of the mortgage debt. Then you can get a document from the bank confirming the amount of debt to present it to the buyer.

An agreement will need to be concluded between the seller and the buyer, which must be certified by a notary.

The seller agrees with the buyer on options for transferring money to repay the loan balance: in cash (an unreliable option for the buyer, so it is rarely used), transferring funds to a bank account or paying off the debt in the bank in the presence of both the seller and the buyer.

Next, the debt is repaid. The seller can repay the loan debt: the bank issues all payment documentation for him, which will prove participation of this person in repaying the loan. There is one important point at this stage: first make sure that the mortgage agreement with the bank does not include a penalty for early repayment loan. In any case, you will be able to repay the debt earlier, but if there is a penalty clause, you will have to pay extra for this.

Next, the bank removes the encumbrance from the borrower and issues him a document confirming the removal of the encumbrance and the repayment of all debts to the bank.

After receiving all the necessary documents, you need to register the transaction and the fact that all restrictions on its completion have been lifted from the borrower. Only after this the debt repayment agreement will gain legal force.

Having all the necessary documents and a registered agreement with you, you need to come to the notary’s office, where you can draw up a purchase and sale agreement. This document is also subject to state registration, after which it will become the basis for obtaining a certificate of ownership.

Sale with the involvement of a bank

The essence of this deal is the same as in the first option. The only difference is that now the legal rights of the seller and buyer are reliably protected. This method is considered the most secure and eliminates any fraudulent activity on both sides. In this case, the buyer can safely transfer money to pay off the debt to the seller without fear of losing his funds.

As an additional security measure, the bank provides the buyer with the opportunity to draw up a surety agreement. Thanks to this agreement, the buyer will be able to independently repay the balance of the debt and gain the right to demand the return of this debt from the seller.

Transfer of debt to another person

The basis for such a transaction is often the inability of the current home owner to pay the loan debt. In this case, the bank can enter into the position of the borrower and offer him two transaction options:

The new borrower takes out a loan from the bank where the loan was issued for the apartment being sold:

The new borrower can take out a loan from another bank.

The first option is simpler. Before you start transferring the debt, again make sure that the agreement does not provide for a penalty for early repayment of the loan. The person for whom it is planned to register the debt of the current borrower must bring a package of documents to the bank - these are all the papers that are provided to the bank when applying for a loan. The complete list of required documents must be clarified with the bank.

If there are no problems with the documents, the bank will enter into a loan agreement with the new borrower. The funds under this agreement will be used to repay the loan of the person who wants to sell the apartment. The bank also registers property rights and debt to the new borrower.

There are several important details in this transaction: the interest accumulated on the mortgage will have to be paid to the old borrower, because they do not apply to the cost of housing. If at the time of sale of the apartment the old borrower has already paid off most of the loan, and the loan debt is lower than the cost of this apartment (this can still happen if real estate goes up in price), the difference is paid to the old borrower.

When choosing the second transaction option, keep in mind: the creditor bank will not always be ready to accommodate you, since in this case it will lose income without receiving interest on the loan. And the scheme with this type of transaction will be more complicated. The buyer himself decides on the issue of obtaining a loan from a new bank. He can take out a consumer loan without collateral, indicating the purchase of a home as the intended purpose, or a loan secured by other property. This method is considered the most difficult and disadvantageous for all parties.

Selling an apartment using maternity capital

In this case, the borrower will need to contact the bank to obtain the conditions under which this transaction can be carried out. After stipulating the terms of the bank, the borrower will be able to repay the debt on the day or on the day of the transaction with the bank and submit documents on the removal of the encumbrance on state registration. Or the borrower can sell the apartment and repay the loan after the transfer of ownership.

Features of cooperation with Sberbank

As part of cooperation with its clients, Sberbank most often chooses a strategy that is beneficial to them. So, if you want to sell an apartment, but cannot pay off the remaining debt for it (no matter which of the above methods you use), Sberbank can offer you this option:

You sign a preliminary purchase and sale agreement with the bank;
You pay a partial cost of the apartment;
Sberbank removes the encumbrance from you and issues a corresponding letter and other supporting documents;
You submit a letter to the registration authority, from where you receive a new extract (not containing prohibitions on sale);
You pay in full under the contract;
This is followed by the signing and registration of the purchase and sale agreement and registration of the owner's rights.

What else do you need to know about selling a mortgaged apartment?

Whatever course of action you choose, remember: any transaction must begin by warning the bank and obtaining its permission to complete the transaction. The above schemes for selling an apartment encumbered with a mortgage are often used, but they are not required. In each individual case, the bank carefully studies the borrower’s situation and independently makes decisions based on the circumstances. Sberbank is not obliged to adhere to any of the listed schemes. The creditor chooses a course of action based primarily on protecting its own interests.

"Real Estate Department": assistance in the sale of mortgage housing

Whatever route you decide to take in this situation, resolving the issue of selling housing can take a lot of time. These are very serious transactions that involve working with a lot of money and important documents. If you urgently need to sell a mortgaged apartment, but you do not have time to delve into the nuances of the transaction with Sberbank, you can contact the Real Estate Department company. We resolve such issues competently and quickly.

We are one of the most reliable and stable companies operating in the real estate industry. For more than 20 years of work, we have received only positive reviews from your clients. Customers of the Real Estate Department recommend us to their friends because they are finally convinced that our main goal is to help people. Each transaction is carried out only by qualified specialists with extensive experience, people who know everything about their work.

Contact the Real Estate Department - we resolve issues with the sale of mortgage housing in Moscow or the Moscow region quickly, without risks and losses for our clients.

By contacting the specialists of the Real Estate Department, you can be sure that your interests will be represented by experienced professionals.

There are many reasons for selling: a divorce, when ex-spouses want to get their share and buy a separate home with it, and the inability to pay a loan: everyone can indicate their own numerous reasons. An apartment taken out with a mortgage from Sberbank is collateral, and it can be sold subject to several conditions.

Some debtors for some reason confidently think that the sale collateral apartment impossible: after all, restrictions are imposed on any transactions by the bank. But this condition can be circumvented by legal means.

Sale of a mortgaged apartment with the permission of the bank. If an apartment is purchased with a mortgage, it will be owned by the bank until full payment of the loan is made. You need to contact Sberbank specialists and find out under what conditions the bank will allow the sale of an apartment.

The employee must indicate the reason for the sale, and if she seems respectful to him, then you can get permission if the loan agreement does not contain restrictions on early settlement with the bank. Sometimes Sberbank does not limit the possibility of early repayment, and if this is the case, then negotiations can be negotiated.

And Sberbank will most likely make such a decision, since it needs issued credit funds. But there is some caveat here: you will have to pay interest for long-term loan repayment. Thus, the buyer pays off the debt to the bank with his money, and the bank, in turn, removes the encumbrance in the form of collateral.

There is one more important condition: the bank will have to ask the parties to the transaction to enter into a preliminary agreement for the purchase and sale of the apartment, so financial institution will be confident in concluding the final transaction.

You can find a buyer yourself after receiving permission, the buyer pays the amount outstanding on the mortgage.

If you entrust such a transaction to a bank, then you don’t have to worry about the risks: the bank itself will handle the re-registration of documents for the buyer.

This is all good and understandable, but is there ways to sell property without bank permission?

If the bank does not agree with the sale of the mortgaged apartment, then we can talk about its sale only when the bank removes the encumbrance placed on the apartment.

This is possible only after repaying the debt to the bank; this can be done in different ways:

Register another one loan agreement. But this option is only available to those who have the funds to repay another loan. But the banks agree and issue a consumer loan without collateral. With these funds, the debt is paid off, the encumbrance is removed, and the purchase and sale of the apartment can be completed.
Find a potential buyer for a mortgaged apartment. In this case, he gives you the funds against a receipt for settlement with the bank. But this option is risky for the buyer, and usually such a transaction takes place between very close people. But sometimes, after receiving funds to pay the debt, the seller may refuse to conclude a transaction, because his obligation to sell the apartment is not recorded anywhere.

Ways to sell an apartment without permission

This transaction does not involve the participation of a credit institution in the purchase and sale of an apartment. But here it is important to find an interested buyer and persuade him to certain terms of the transaction.

To do this you need:

Contact a bank branch, where the mortgage was issued, find out about the amount of debt on the loan. You can ask for documentary evidence of the amount owed; it may be useful for completing the sale; the buyer will know the exact amount.
Conclude a preliminary agreement between the parties, have it certified by a notary office.
Agree to receive the funds needed to repay the loan from the future buyer. You can use a safe deposit box for this purpose, it will be safer for both the seller and the buyer.
Then you need to pay off the debt; the buyer of the mortgaged apartment can do this himself, payment documents will be issued for him, they will serve as evidence of participation in the repayment of loan funds.
After these steps, the bank formalizes the removal of the encumbrance on the apartment, issues to the payer a certificate confirming the repayment of all debts on the mortgage loan and the removal of encumbrances in connection with this.
These documents must be used to register the transaction and the lifting of restrictions on transactions. After all, only registration makes the contract legally valid.
Having received a registered agreement on the payment of debt, come with all the documents to the notary office to draw up a purchase and sale agreement, which is also registered and is the basis for obtaining a certificate of ownership.

You can arrange a sale with an interested party mortgage debt, otherwise such a transaction is called transfer of debt to another person.

In this case, the buyer renews the loan agreement in his name, pays the previous owner the money that was used to repay the loan, and becomes the new owner of the mortgage loan. That is, in this case, it is not the apartment itself, which is pledged by the bank, that is sold, but the remaining debt on the loan.

Such a deal is quite possible but provided that the new borrower meets the bank’s requirements, he will have to prepare the same documents as when applying for a loan for himself, confirm his solvency by bringing a certificate of income. In addition, he may not receive the same terms on the loan as the first borrower; banks often set higher loan rates.

Mortgage loan for taking out a new mortgage loan. Yes, and there is such an opportunity when purchasing a mortgaged apartment from Sberbank. You can also arrange a credit relationship with another financial institution, and in this case the debt is refinanced. But this scheme is not popular due to its complexity and long term.

If a bank client wants to improve his living conditions, he can sell the mortgaged apartment and take out a loan to pay for new housing. In most cases, the bank approves such a loan.

Required documents

Since the apartment is under a mortgage, the following documents are required when purchasing:

Extract from the register legal entities about the removal of the encumbrance, the basis for recording is a certificate from the bank.
Bank loan agreement.
Certificate of registration of the loan agreement.
Passports of the parties.
Extract from the Unified State Register of Real Estate;
Technical documentation for the apartment;
A certificate from the HOA or housing office confirming the absence of utility debt;
Permission from the guardianship authorities, if the owner is a minor child, the housing was purchased for capital;
An extract from the house register showing a complete list of persons registered in the property;
Estimated cost of the apartment. An expert analysis regarding the assessment of housing should be carried out by a company licensed to issue documents of this format.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

Sale of an apartment purchased with a military mortgage

Sale of collateral property by a participant in the savings-mortgage system with the attraction of funds military mortgage is carried out according to the following principle:

The serviceman is obliged to notify the authorized employees of Rosvoenipoteka of his intention to remove the encumbrance from the collateral real estate.
After this you need to submit re-application to participate in the program mortgage lending. This requirement is related to preventing loss of the right to purchase housing for career military personnel with state support.
Sberbank calculates the loan and determines the balance of the debt. After this, the user receives information about the amount of funds required to repay the loan.
After paying the debt obligations, the military man receives a certificate confirming the removal of the encumbrance and a certificate of ownership.

In this situation cash, allocated by the state, are returned to the budget to the account of the participant in the military mortgage program. They can be reused to purchase real estate.

Also, for military personnel, assignment of rights to living space (cession) is allowed. This option will be the fastest and most effective, since it does not require the removal of the encumbrance from the apartment. The debt obligations under the loan will be transferred to a third party, which can be either another participant in the military mortgage program or civilians.

Selling an apartment for maternity capital

If an apartment was purchased with the participation of Sberbank using maternity capital funds, it will be more difficult to sell it in the future. The legislator establishes that maternity capital is intended primarily to meet the needs of children, therefore parents will spend the subsidy strictly in accordance with existing requirements.

To sell an apartment purchased with capital, you need to obtain prior consent from Sberbank and the guardianship authorities. If at least one structure does not approve the transaction, it will be impossible to sell the property. In this situation, the sale can be processed in two ways:

The buyer is responsible for paying the remaining balance of the mortgage loan.
Under the terms of the purchase and sale agreement, the buyer repays the remaining balance on the loan.

After the sale of the apartment, the owner of maternity capital has the right to purchase new housing using government support funds. However, it must be remembered that the apartment must meet the requirements of the state, the transaction does not violate the rights and interests of minors, and does not worsen existing living conditions.

The key condition for completing a transaction is the consent of the guardianship and trusteeship authorities. If there is no permission, adverse consequences may occur for the parties to the transaction. Thus, upon reaching the age of majority, a child has the right to challenge the transaction and recognize it as void. For direct violators of valid legal norms, substantial penalties and administrative liability are provided.

What are the risks of purchasing a mortgaged apartment?

Let's talk about the risks that a buyer of a mortgaged apartment may face:

The buyer bears a greater degree of risk if he agrees to the offer of the seller of a mortgage apartment to pay the amount not sufficient to repay the debt. Let's assume he did so. What happens in the end? There is no debt, the bank issues a document confirming the absence of obligations to the bank. And the seller can make any real estate transactions, because the deposit has been removed. The money has been received, the loan has been repaid, but for some reason the seller refuses to complete the purchase and sale transaction. Well, how can the buyer get his money back after this?
After repaying debt obligations to the bank for the debtor, the buyer must register the removal of the encumbrance issued by the bank, and this requires additional funds.
The following situation may arise: for example, a buyer rents a safe deposit box and deposits money into it under certain conditions. That is, the difference that the seller of the mortgaged apartment should receive. This condition is usually the condition of registering ownership of another person. But registration of a transaction is sometimes refused, and access to the money is denied to the seller. But there is also a benefit for the buyer: he can easily return his money without any problems. But if a bank takes part in such a transaction, then the risks are minimized: it itself sends documents on re-registration to the new owner.

What risk does the seller have?

Recently, the bankruptcy of banking structures has become a regular occurrence, and if the sale must be carried out through it, then the borrower quite naturally will not receive his money if the bank goes bankrupt.