Government decree of 20.04. Basic 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
(as amended by the Government Decree of August 11, 2017 N 961, effective from August 21, 2017)
"On the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage home loans(loans) caught in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Mortgage housing loans"
In order to implement the plan of priority measures to ensure sustainable development economy and social stability in 2015, approved by the order of the Government Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:
- To approve the attached 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.
- To the Ministry of Construction, Housing and Communal Services of the Russian Federation, send joint stock company"Agency for Housing Mortgage Lending" in the prescribed manner funds federal budget in the amount of 4.5 billion rubles, provided for in the Federal Law "On the federal budget for 2015 and for the planning period of 2016 and 2017," as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" for the implementation of the program of assistance to individual categories of mortgage borrowers (loans) who find themselves in a difficult financial situation.
- Federal Agency for Management state property ensure, in the prescribed manner, an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" by 4.5 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of ownership of the Russian Federation on them, in accordance with the tripartite agreement between the Ministry of Construction and 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".
3 (1). Allow the Joint Stock Company "Agency for Housing Mortgage Lending":
- use cash received in accordance with clause 2 of this resolution for the purpose of reimbursing lost income or losses (their part) to creditors (lenders) on 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, if the said mortgage housing loans (loans) were restructured in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans), which are in a difficult financial situation (hereinafter referred to as the program);
- place temporarily free funds received for the implementation of the program, in accordance with the legislation of the Russian Federation and use the income received from their placement to finance the program and compensate for their operating costs associated with the implementation of the program, the list of which is determined by the supervisory board of the joint-stock company "Agency for Mortgage housing lending ".
4. Abolished. - (Resolution of the Government of the Russian Federation of November 24, 2016 N 1231).
Chairman of the Government of the Russian Federation D. MEDVEDEV
BASIC CONDITIONS FOR THE IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SEPARATE CATEGORIES OF BORROWERS ON HOUSING MORTGAGE LOANS (LOANS) IN A HARD FINANCIAL SITUATION
(approved by the Decree of the Government of the Russian Federation of April 20, 2015 N 373 (as amended by the Decree of the Government of the Russian Federation of August 11, 2017 N 961))
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 monetary obligations the borrower under a 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 the funds 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 the previously concluded loan agreement(loan agreement), the conclusion of a new credit agreement (loan agreement) for the purpose of full repayment of the debt on the restructured mortgage housing loan (loan), the conclusion of 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;
- 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 position 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 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), 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. At the same time, the average monthly total income of the family of the borrower (solidary 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 submission of the application for restructuring, increased by at least 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 the loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of the rights of claim to such residential premises arising from an agreement of participation in shared construction meeting the requirements Federal law"On participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation "(hereinafter - the agreement 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 an 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. family members of the pledger include the pledger's spouse and his minor children, including those under his guardianship or guardianship. writing... Borrower's submission of information from the Unified state register real estate is required. 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 prior to the date the borrower submits an application for restructuring, unless mortgage(loan) provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least 12 months before the date the borrower submits an application for restructuring.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change in the currency of the loan (loan) from foreign currency on the Russian rubles at a rate not higher than the rate of the corresponding currency set by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (borrowings) 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 part of the loan (loan) amount and (or) change of the currency of the loan 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 has 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 payments under 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). "
IMPORTANT! 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 have changed significantly.
Part mortgage debt they will forgive those citizens whose incomes have decreased by a third - borrowers who find themselves in a difficult financial situation will be able to receive assistance from the state in accordance with the Decree of the Government of the Russian Federation of April 20, 2015 No.
A list of such borrowers was approved, which include the following categories of citizens:
combat veterans
citizens who have 2 or more minor children dependent on them
disabled
workers of municipal and government agencies health care, culture, employment, social protection, physical education and sports, scientific organizations, employees of the military-industrial complex
Resolution No. 373 of April 20, 2015 provides for debt restructuring for such Russians on the basis of an application if their income has decreased by 30% or more. The resolution provides for certain conditions for the mortgage object (its location, area, cost), as well as for the loan itself, more precisely, for its purposes ( overhaul, purchase of housing, participation in shared construction, etc.). As of the date of filing the application, the delay in payments must be at least 30 and no more than 120 days, and the loan itself was issued no later than January 1, 2015.
During the assistance period (12 months), the borrower's payments will be reduced, part of the principal debt will be forgiven, the loan conditions will be changed, interest rate set at a level not higher than 12% per annum
The creditor, in turn, has the right to reimburse part of the lost income (the maximum amount of compensation is 200 thousand rubles). The authorized capital of AHML OJSC within the framework of the program was increased by 4.5 billion rubles.
Information about changes:
By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, the name was amended
Resolution 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 authorized capital of the joint-stock company" Agency for Housing Mortgage Lending "
With changes and additions from:
In order to implement the plan of priority measures to ensure sustainable economic development and social stability in 2015, approved by the order of the Government of the Russian Federation of January 27, 2015 N 98-r, the Government of the Russian Federation decides:
1. To approve the attached basic 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.
Information about changes:
By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, paragraph 2 was amended
2. The Ministry of Construction and Housing and Communal Services of the Russian Federation shall send to the joint-stock company "Agency for Housing Mortgage Lending" in the prescribed manner federal budget funds in the amount of 4.5 billion rubles, provided for in the Federal Law "On the federal budget for 2015 and for the planned the period of 2016 and 2017 ", as a contribution to the authorized capital of the joint-stock company" Agency for Housing Mortgage Lending "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.
Information about changes:
By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, paragraph 3 was amended
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 4.5 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of ownership rights to them Of the Russian Federation, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Agency for Housing Mortgage Lending Joint Stock Company.
Information about changes:
Resolution of the Government of the Russian Federation of December 7, 2015 N 1331, the resolution was supplemented with clause 3.1
3.1. Allow the Joint Stock Company "Agency for Housing Mortgage Lending":
- use the funds received in accordance with paragraph 2 of this resolution for the purpose of reimbursing lost income or losses (part of them) on mortgage loans (loans), the rights of claim for which were acquired by the Joint Stock Company "Agency for Housing Mortgage Lending" and the restructuring of which was carried out in accordance with 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 (hereinafter - the program);
- place temporarily free funds received for the purpose of implementing the program in government securities (bonds federal loan) and (or) in the deposits of banks, the list of which is determined by the supervisory board of the joint-stock company "Agency for Housing Mortgage Lending", and use the income received from their placement to finance the program and reimburse their operating costs associated with the implementation of the program, the list of which is determined by the supervisory board Joint Stock Company "Agency for Housing Mortgage Lending".
4. Subparagraph "c" of paragraph 2 of the main conditions for the implementation of the program, approved by this resolution, shall enter into force on July 1, 2015.
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:
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 conditions for reimbursing creditors (lenders) for housing mortgage loans (loans) and the joint-stock company "Agency for Housing Mortgage Lending" for loans (loans), the rights of claim for which were acquired by this company, lost income or losses (their part) arising as a result of carrying out such restructuring (hereinafter, respectively - losses, lender, borrower, compensation, restructuring).
2. The procedure for payment of compensation is determined by the joint-stock company "Agency for Housing Mortgage Lending" and published on its official website in the information and telecommunications network "Internet".
3. Losses 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 "d" of paragraph 9 of this document, the amount of the borrower's monetary obligations under the credit agreement (loan agreement), but not more than the maximum amount of compensation specified in paragraph 6 of this document.
4. Restructuring is carried out by the decision of the lender on the basis of an application for restructuring submitted by the borrower (at the same time joint and several debtors) to the lender (hereinafter referred to as the application for restructuring).
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 a restructured mortgage loan (loan) (hereinafter referred to as the restructuring agreement).
5. total amount compensation payments under the program at the expense of the federal budget cannot exceed 4.5 billion rubles. This amount can be increased by the size of the positive balance of income from the placement of temporarily surplus funds in government securities (federal loan bonds) by the joint-stock company "Agency for Housing Mortgage Lending" and (or) in bank deposits and operating expenses related to the implementation of the program.
6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 10 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 600 thousand rubles.
7. The concluded credit agreement (loan agreement) on the date of filing an application for restructuring must simultaneously meet the following conditions:
a) the borrower (joint and several debtors) is a citizen of the Russian Federation, belonging to one of the following categories:
citizens with one or more minor children;
citizens who are guardians (curators) of one or more minor children;
citizens who are combat veterans;
citizens who are disabled or have disabled children;
b) change in the income of the borrower (joint and several debtors):
the average monthly income of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, decreased by at least 30 percent compared to the average monthly income of the borrower (joint and several debtors) calculated for 3 months preceding the date of the loan agreement (agreement loan), or the size of the planned monthly payment on a loan (loan) calculated on the date of filing an application for restructuring (in ruble equivalent at the rate of the corresponding currency set by the Central Bank of the Russian Federation on the same date) increased by at least 30 percent compared to with the size of the planned monthly payment calculated on the date of the conclusion of the loan agreement (loan agreement);
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 planned monthly payment on a loan (loan) calculated on the date of filing an application for restructuring, does not exceed for each family member of the borrower (joint and several the debtor) double the subsistence minimum established in the constituent entities of the Russian Federation, on the territory of which the persons, whose income was taken into account, live. At the same time, 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 document include the spouse of the borrower (joint and several debtor) and minor children, including including those under their care or guardianship;
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 rights of claim 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 - the agreement equity participation);
d) residential premises, including residential premises, the right of claim to which arises from the agreement of equity participation, the mortgage of which is a security for the fulfillment of the obligations of the borrower under the loan agreement (loan agreement):
on total area 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;
at the cost of 1 sq. meter of total area does not exceed by more than 60 percent the cost of 1 sq. meter of the total area of a typical apartment for the primary or secondary housing market (respectively) in the constituent entity of the Russian Federation in which the residential premises are located, determined according to the data Federal Service state statistics as of the date of the loan agreement (loan agreement);
e) residential premises, including residential premises, the right of claim to which arises from the equity participation agreement, the mortgage of which is a security for the fulfillment of obligations under the loan agreement (loan agreement), is the only housing of the pledger. In this case, the presence of the aggregate share of the pledger and his family members in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises is allowed;
f) the loan agreement (loan agreement) as of the date of filing an application for restructuring must be valid for at least 12 months.
8. The requirements stipulated by subparagraph "d" of paragraph 7 of this document are not presented if the pledger has 3 or more minor children.
9. The restructuring agreement must provide for the following conditions:
a) change in the currency of a loan (loan) from foreign currency to rubles of the Russian Federation at the rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement - for loans (loans) issued in foreign currency;
b) setting the lending rate for the entire term of the loan (loan) not higher than 12 percent per annum (for loans (loans) previously issued in foreign currency) or not higher than the rate in force on the date of the conclusion of the restructuring agreement - for loans (borrowings) previously issued in rubles of the Russian Federation. An increase in the lending rate is possible only in case of violation by the borrower of the conditions or terms of concluding insurance contracts stipulated by the loan agreement (loan agreement) concluded before the restructuring;
c) if the restructuring agreement establishes a period of assistance, the duration of which cannot exceed 18 months, - a decrease in the monthly payment for the period of assistance by at least 50 percent of the planned payment amount calculated on the date of concluding the restructuring agreement (in ruble equivalent at the rate corresponding currency established by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement), due to:
reduction of the lending rate for the period of assistance in accordance with subparagraph "d" of this paragraph;
transfer to later periods of the date of making payments on the return of the amount of the loan (loan) and (or) interest accrued during the period of assistance;
d) reduction in the monetary obligations of the borrower (joint and several debtors) in the amount not less than the maximum amount of compensation established by paragraph 6 of this document, due to:
changing the currency of the loan (loan) from foreign currency to rubles of the Russian Federation at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement;
one-time forgiveness of a part of the loan (loan) amount;
reduction for the period of assistance specified in subparagraph "c" of this paragraph, the lending rate.
10. The amount of reduction in the monetary obligations of the borrower (joint and several debtors) (V) in the case provided for in paragraph four of subparagraph "d" of paragraph 9 of this document is calculated by the formula:
where:
The amount of interest accrued for the period of assistance;
n - the number of months of the period of assistance to the borrower;
p - the amount of the interest rate established for the loan (loan) after the end of the period of assistance in compliance with the requirements provided for in subparagraph "b" of paragraph 9 of this document;
Pi - the size of the interest rate established for the loan (loan) for the period of assistance.
11. When concluding an agreement on restructuring, it is not allowed to reduce the terms of mortgage housing loans (loans).
During restructuring, it is not allowed for the creditor to charge the borrower (joint and several debtors) a commission for actions related to the restructuring. "
RESOLUTION
from___________________
ABOUT CHANGES
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
from ____________________
CHANGES,
In the resolution:
b) in clause 7:
EXPLANATORY NOTE
2015
Report
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Article 9
Home> New laws of the Russian Federation 2017-2018> Federal Law of 03.07.2016 N 373-FZ> Article 9
1. Information specified in the town planning plan land plot approved before the date of entry into force of this Federal Law can be used within the period established by a regulatory legal act of the highest executive body of state power of a constituent entity of the Russian Federation and cannot be less than three years and more than eight years from the date of entry into force of this Federal law for the preparation project documentation in relation to objects capital construction and (or) their parts under construction, reconstructed within the boundaries of such a land plot, issuance of construction permits. After expiration the deadline the use of the information specified in such a town-planning plan of the land plot is not allowed.
2. In the event that a permit for the construction of a capital construction facility is obtained prior to the entry into force of this Federal Law, the issuance of a permit for the commissioning of such an facility is carried out on the basis of urban planning land plot submitted for obtaining a permit for the construction of such an object.
3. In the event that a permit for the construction of a capital construction facility was obtained after the date of entry into force of this Federal Law on the basis of the urban planning plan of the land plot specified in Part 1 of this article, during the period of its validity established in accordance with part 1 of this article, a permit to enter a capital construction facility into operation is issued on the basis of such a town-planning plan for a land plot.
4. In the event that the decision on the preparation of the project for the planning of the territory, the project for land surveying of the territory is made before the date of entry into force of this Federal Law, the preparation and approval of documentation for the planning of the territory is carried out in accordance with the provisions Urban Development Code Russian Federation (as amended up to the date of entry into force of this Federal Law).
On the Resolution of the Government of the Russian Federation dated April 20, 2015 No. 373
In the event that an application for the issuance of a town planning plan for a land plot is submitted to the authorized body local government prior to the date of entry into force of this Federal Law, the preparation and issuance of a town planning plan for a land plot shall be carried out in accordance with the provisions of the Town Planning Code of the Russian Federation (as amended up to the date of entry into force of this Federal Law).
6. In the event that draft documents for territorial planning, draft rules for land use and development, as well as draft amendments to these documents were prepared and considered at public hearings prior to the entry into force of this Federal Law, approval of such documents, amendments to such documents is carried out in in accordance with the Urban Planning Code of the Russian Federation (as amended up to the date of entry into force of this Federal Law).
7. In order to carry out activities for the integrated and sustainable development of the territory, the approved rules for land use and development must be brought in line with the requirements of the Urban Planning Code of the Russian Federation (as amended by this Federal Law) in terms of establishing territories within the boundaries of which activities for their integrated and sustainable development, and in relation to such territories, the calculated indicators of the minimum permissible level of provision of the corresponding territories with facilities of communal, transport, social infrastructures and the calculated indicators of the maximum permissible level of territorial accessibility of these facilities for the population until July 1, 2017.
8. Until the rules of land use and development are brought into line with the requirements of the Urban Planning Code of the Russian Federation (as amended by this Federal Law), but no later than July 1, 2017, the conclusion of agreements on the development of built-up territories, agreements on the integrated development of territories is allowed without establishing urban zoning on the map territories, within the boundaries of which it is planned to carry out activities for the integrated and sustainable development of territories.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
from___________________
ABOUT CHANGES
IN THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
To approve the attached amendments, which are made to 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 housing mortgage loans (loans) in a difficult financial situation, and an increase in the authorized capital of an open joint stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, No. 17, Art. 2567; No. 30, Art. 4598; No. 50, Art. 7179).
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
from ____________________
CHANGES,
WHICH ARE SUBMITTED TO THE REGULATION OF THE GOVERNMENT OF THE RUSSIAN
1. In the resolution:
a) supplement clause 3 (1) with the following paragraph:
"to use the funds received in accordance with clause 2 of this resolution for the purpose of reimbursing lost income or losses (their part) to creditors (lenders) and mortgage agents created in accordance with the requirements of Federal Law No. 152-FZ of November 11, 2003 "On mortgage securities", which own the rights of claim for mortgage loans (loans), restructured in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) in a difficult financial situation. ";
b) clause 4 shall be declared invalid.
2. In 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:
a) in clause 6 the words "10 percent" shall be replaced by the words "20 percent";
b) in clause 7:
subparagraph "a" shall be supplemented with the following paragraph:
"Citizens who are dependent on children under the age of 24, who are full-time students, graduate students, residents, interns, students, cadets.";
the second paragraph of sub-clause "b" and sub-clause "e" shall be declared invalid;
subparagraph "d" shall be stated as follows:
“E) residential premises owned by the mortgagor by right of ownership are his only housing, including residential premises, the right of claim to which arises from the agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of obligations under the loan agreement (loan agreement). In this case, the presence of the aggregate share of the mortgagor and his family members in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises is allowed. Compliance with the requirements specified in this subparagraph is confirmed by the borrower's application in a simple written form. The borrower is responsible for the inaccuracy of the information provided by him, contained in the specified application. ".
EXPLANATORY NOTE
to the draft resolution of the Government of the Russian Federation
"On Amendments to the Resolution of the Government of the Russian Federation No. 373 dated April 20, 2015"
The draft resolution of the Government of the Russian Federation "On Amending the Resolution of the Government of the Russian Federation No. 373 dated April 20, 2015" (hereinafter referred to as the draft resolution) was developed in accordance with paragraph 3 of the instruction of the Chairman of the Government of the Russian Federation D.A. Medvedev dated July 12, 2016 No. DM-P13-45pr on the issue of changing the criteria 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.
In accordance with the Resolution 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) in a difficult financial situation, and an increase in the authorized capital of the joint-stock company“ Agency for Housing Mortgage lending ”(hereinafter referred to as Resolution No. 373), the Joint Stock Company Agency for Housing Mortgage Lending (hereinafter referred to as AHML JSC) is allowed to use the funds received in accordance with paragraph 2 of the said resolution for the purpose of reimbursing lost income or losses (their parts ) for housing mortgage loans (loans), the rights of claim for which were acquired by AHML JSC and the restructuring of which was carried out in accordance with the main conditions for the implementation of the assistance program approved by the resolution. In order to provide the opportunity to reimburse the specified lost income or losses to mortgage agents who were transferred the rights of claim under the obligations secured by the mortgage from credit agreements (loan agreements) in order to issue mortgage-backed bonds, as well as other creditors (lenders) for housing mortgage loans ( loans), it seems advisable to supplement paragraph 3 (1) of Resolution No. 373 with a provision allowing the use of funds received in accordance with paragraph 2 of this Resolution for the purpose of reimbursing lost income or losses (their part) to creditors (lenders) and mortgage agents created in accordance with the requirements of the Federal Law of November 11, 2003 No. 152-FZ "On Mortgage Securities", which own the rights of claim for mortgage loans (loans), restructured in accordance with the main conditions for the implementation of the assistance program approved by Resolution No. 373 certain categories of mortgage borrowers (loans) who find themselves in a difficult financial situation.
In order to bring it into conformity with the Decree of the Government of the Russian Federation No. 1331 dated December 7, 2015 "On Amending the Decree of the Government of the Russian Federation No. 373 dated April 20, 2015", providing for the exclusion of subparagraph "c" of paragraph 2 of the main conditions for the implementation of the program, it is proposed to declare paragraph 4 of Resolution No. 373 invalid.
In order to provide borrowers with sufficient support, it seems advisable to increase the maximum amount of compensation for each restructured mortgage housing loan (loan) from 10 to 20 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 600 thousand rubles.
So, for an average loan in the Russian Federation in the amount of 1.65 million rubles, with a decrease in the volume of the principal debt from 1.5 million rubles to 1.35 million rubles. (by 10%) the size of the borrower's monthly annuity payment is reduced by 2,000 rubles. In this case, if the borrower is able to receive compensation in the amount of 330 thousand rubles. (20% of the principal debt on the mortgage loan), then monthly payment will decrease by more than 3000 rubles.
In connection with a significant number of applications from families experiencing difficulties in paying off mortgage loans, dependent on whom are adult children continuing their education in educational institutions of secondary specialized and higher vocational education, the draft resolution proposes to expand the list of social categories of citizens who are entitled to apply for participation in the assistance program, supplementing the specified list with the category of borrowers who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, cadets.
The assistance program provides for a requirement in the form of an estimate of the average monthly total income of the borrower's family, after deducting the monthly payment on the loan, which should not exceed two times the subsistence level for each family member of the borrower. The specified requirement is sufficient for assessing financial condition family of the borrower and allows you to objectively decide on the need for financial support. In this regard, it is proposed to exclude the additional requirement provided for by the second paragraph of subparagraph "b" of paragraph 7 of the main conditions for the implementation of the assistance program.
In addition, in order to expand the categories of citizens who can be supported under the program, it is proposed to exclude the requirement provided for in subparagraph "e" of paragraph 7 of the main conditions for the implementation of the assistance program in terms of the term of the loan agreement as of the date of applying for restructuring.
At present, confirmation by the borrower that the residential premises pledged under the mortgage is the only one for living and the aggregate share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of such other residential premises, is carried out by obtaining from the unified state register rights to real estate and transactions with it information about the rights of an individual to the real estate objects he owns.
In accordance with paragraph 2 of Article 7 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration rights to real estate and transactions with it "the provision of the specified information is carried out on a reimbursable basis (the cost of obtaining information in relation to one copyright holder - natural person is about RUB 1,500.00).
In this regard, it is proposed to provide for the possibility of confirmation by the borrower that the residential premises mortgaged under the mortgage is the only one for living and the aggregate share of the mortgagor and his family members in ownership of other residential premises does not exceed 50% in each of such other residential premises, by submitting an application to the lender in simple writing.
The draft resolution does not contain provisions that contradict the provisions of the Treaty on the Eurasian Economic Union, as well as the provisions of other international treaties of the Russian Federation.
The adoption of the draft resolution will not require the allocation of additional funds from their budgets of the budgetary system of the Russian Federation.
There are no grounds for a preliminary discussion of the draft resolution at a meeting of the Public Council under the Ministry of Construction, Housing and Communal Services of the Russian Federation.
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Program Implementation Report 2014- 2015 yy presented by the Director General
Report
… or by decrees … 2015 in 2014– 2015 the use of the ePCT system has significantly expanded, which since april2015 … 20 % (2) 20 % (3) 20 % (4) 20 % (5) 20 … changes including 14 373 … makingchanges …
Resolution of the Government of the Russian Federation of April 20, 2015 N 373 ″ On the main
fromgovernmentsRussianFederation, WRO at the end 2015 …
Order of the Ministry of Internal Affairs of Russia from 02.04.2013 n 187 "on recognizing as invalid the order of the Ministry of Internal Affairs of Russia from February 3, 2005 N 67 "Order of the Ministry of Internal Affairs of Russia from 02.04.2013 n 186
Document
… RUSSIANFEDERATIONS FOR THE PERIOD 2009- 2015 YEARS "ORDER OF THE MIA OF RUSSIA from20 ... N 373 from 11/14/2006 "About INTRODUCTIONCHANGES IN APPENDIX ... REGULATIONSGOVERNMENTSRUSSIANFEDERATIONSFROM 5 APRIL 1997 N 397 "ORDER of the Ministry of Internal Affairs of the Russian Federation from 05/26/1998 N 309 "O INTRODUCTIONCHANGES …
General introduction. This site contains materials devoted to health, the author of which is Alexander Brusnev. The selection is: 3 books, not one
Document
… making … by decrees … 20 d, plantain leaves 20 … change lifestyle. "English educators will not be allowed to smack and smoke children Government … from August 27, 1999 No. 337 "On the nomenclature of specialties in health care institutions RussianFederation … April … 2015 …
In connection with the 20 November 2013 "Day of legal ... normative legal acts on the territory RussianFederation, NS
Document
… -32 "On acceptance rulingsGovernmentsRussianFederationfrom 01/30/2013 N 65 "O makingchanges in rulingsGovernmentsRussianFederationfrom 6 april 2004 N 154 and from 30 June …
Factory # 8 was assigned its own factory indexes to other people's guns (Bolshevik, Hotchkiss, Maxim, Reinmetall, etc.), thus the Lender system
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… 12 (2438,373 ). Other defensive ... april 1930 Nanking the government... (Archive of foreign policy RussianFederation(WUA RF). F. ... introducedchanges how ... (1946) - 2015 people, (... Osinsky). Resolved: in changerulings Politburo from20 January c. G. (…
"Qabr-m and printed and tkhyder" (5)
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…. CBD. Parliament. O makingchanges in decree Of the Parliament of the KBR from May 5, 1994 No. ... 1. RussianFederation. Government... On improving the vocational education system in the Kabardino-Balkarian Republic: ResolutionGovernments RF ...
Other similar documents ..
Government assistance in restructuring a mortgage loan is carried out as part of the implementation of the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by the order of the Government of the Russian Federation dated January 27, 2015 No. 98-r, in accordance with the Resolution 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 open joint-stock company "Agency for Housing Mortgage Lending".
According to the amendments made to the “Basic conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) in a difficult financial situation” (hereinafter referred to as the Basic Conditions), the concluded loan agreement (agreement loan) on the date of filing an application for restructuring must simultaneously meet the following conditions:
- 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 pupils, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
In case of non-compliance with no more than two conditions, 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.
Restructuring of residential mortgage loans is carried out on an application basis credit institution who provided the loan and is the mortgagee. The list of documents required for considering the issue of restructuring a mortgage is established by the bank independently.
The restructuring agreement must simultaneously provide for the following conditions:
- Changing the currency of a 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);
- Setting the lending rate not higher than 11.5% 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);
- Decrease in monetary obligations of the borrower (joint and several debtors) in the amount of at least the maximum amount of compensation established by the Basic Conditions, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the loan (loan) currency from foreign currency to Russian rubles at a rate below the exchange rate 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 (borrowings) denominated in foreign currency);
- 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.
The maximum amount of compensation for each restructured mortgage housing loan (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 1,500 thousand rubles, except for the cases provided for in paragraph 7 of the Basic Conditions, in accordance with with which, by the decision of the interdepartmental commission, the maximum amount of compensation can be increased, but not more than 2 times.
Reimbursement under the program is carried out within the funds provided for the implementation of the program. Resolution of the Government of the Russian Federation of August 11, 2017 N 961 "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" for the purpose of reimbursing losses (part of them) to lenders (lenders) for mortgage loans (loans) funds were allocated in the amount of 2 billion rubles.
If the borrower does not fit the basic conditions established by the Resolution, it is nevertheless necessary to carry out preliminary calculations for possible options restructuring and apply with a written application and supporting documents to the bank. To perform calculations, it is convenient to use Mortgage calculator... Perhaps it will be possible to agree on debt restructuring mechanisms, and get the bank's approval, having solved the difficult situation with payments.
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To help mortgage borrowers in difficult financial situation, and at the same time, to maintain a stable situation in the banking sector, the Government of the Russian Federation on April 20, 2015 adopted Resolution No. 373, which defined the conditions and aspects of the program of assistance to mortgage borrowers.
The essence of the Resolution is that the state through AHML JSC provides material support to certain categories of citizens who have taken out a mortgage loan, restructuring them financial liabilities before the creditor bank.
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Thus, the terms of the mortgage payment will be facilitated for the borrowers, and the banks will receive their planned profit. To implement this program, the material fund of AHML JSC was increased to four and a half billion rubles.
Restructuring designed for one year, is carried out in several ways:
- “Softening” the payment schedule (including deferring debt repayment and reducing the amount of monthly payments);
- writing off part of the debt (up to six hundred thousand rubles);
- conversion of foreign currency loans into rubles;
- decreasing credit rate(it should be no more twelve percent per annum of the loan amount).
According to this resolution, the following categories of borrowers can count on the restructuring of mortgage debt:
- combat veterans;
- disabled people, as well as parents or guardians of disabled children;
- parents or guardians who support two or more minor children;
- employees of military-industrial complex enterprises, scientific and scientific-production organizations, healthcare workers (working in state and municipal medical institutions), workers in the field of social protection, law enforcement officers and the Ministry of Emergency Situations.
The borrower and co-borrower (s) (if any) must be citizens of the Russian Federation.
To restructure a loan, borrowers must provide documentary evidence of a decrease in their income by thirty percent or more in relation to income received at the time of the loan. At the same time, the delay in mortgage payments must be at least one and no more four months, and the loan itself must be issued no later 01.01.2015 .
Loans issued for capital repairs, purchase or participation in shared construction are subject to restructuring the only one the borrower's housing.
In addition to the requirements for the status of a citizen and the purpose for which the loan was issued, the requirements also apply to the housing itself:
- it must be located on the territory of the Russian Federation;
- square studio apartment shouldn't be more forty five square meters;
- the area of a two-room apartment should not be more than sixty five square meters;
- square three-room apartment shouldn't be more eighty five square meters;
- price one square meter mortgage apartment should not exceed the price one square meter the average apartment in this region is more than sixty percent;
- housing must be purchased at least one year prior to the application for restructuring.
Large families are exempted from the requirements for the area and cost of housing.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
from___________________
ABOUT CHANGES
IN THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
To approve the attached amendments, which are made to 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 housing mortgage loans (loans) in a difficult financial situation, and an increase in the authorized capital of an open joint stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, No. 17, Art. 2567; No. 30, Art. 4598; No. 50, Art. 7179).
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
from ____________________
CHANGES,
WHICH ARE SUBMITTED TO THE REGULATION OF THE GOVERNMENT OF THE RUSSIAN
1. In the resolution:
a) supplement clause 3 (1) with the following paragraph:
"to use the funds received in accordance with clause 2 of this resolution for the purpose of reimbursing lost income or losses (their part) to creditors (lenders) and mortgage agents created in accordance with the requirements of Federal Law No. 152-FZ of November 11, 2003 "On mortgage securities", which own the rights of claim for mortgage loans (loans), restructured in accordance with the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) in a difficult financial situation. ";
b) clause 4 shall be declared invalid.
2. In 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:
a) in clause 6 the words "10 percent" shall be replaced by the words "20 percent";
b) in clause 7:
subparagraph "a" shall be supplemented with the following paragraph:
"Citizens who are dependent on children under the age of 24, who are full-time students, graduate students, residents, interns, students, cadets.";
the second paragraph of sub-clause "b" and sub-clause "e" shall be declared invalid;
subparagraph "d" shall be stated as follows:
“E) residential premises owned by the mortgagor by right of ownership are his only housing, including residential premises, the right of claim to which arises from the agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of obligations under the loan agreement (loan agreement). In this case, the presence of the aggregate share of the mortgagor and his family members in the ownership of other residential premises in the amount of not more than 50 percent in each of such other residential premises is allowed. Compliance with the requirements specified in this subparagraph is confirmed by the borrower's application in a simple written form. The borrower is responsible for the inaccuracy of the information provided by him, contained in the specified application. ".
EXPLANATORY NOTE
to the draft resolution of the Government of the Russian Federation
"On Amendments to the Resolution of the Government of the Russian Federation No. 373 dated April 20, 2015"
The draft resolution of the Government of the Russian Federation "On Amending the Resolution of the Government of the Russian Federation No. 373 dated April 20, 2015" (hereinafter referred to as the draft resolution) was developed in accordance with paragraph 3 of the instruction of the Chairman of the Government of the Russian Federation D.A. Medvedev dated July 12, 2016 No. DM-P13-45pr on the issue of changing the criteria 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.
In accordance with the Resolution 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) in a difficult financial situation, and an increase in the authorized capital of the joint-stock company“ Agency for Housing Mortgage lending ”(hereinafter referred to as Resolution No. 373), the Joint Stock Company Agency for Housing Mortgage Lending (hereinafter referred to as AHML JSC) is allowed to use the funds received in accordance with paragraph 2 of the said resolution for the purpose of reimbursing lost income or losses (their parts ) for housing mortgage loans (loans), the rights of claim for which were acquired by AHML JSC and the restructuring of which was carried out in accordance with the main conditions for the implementation of the assistance program approved by the resolution. In order to provide the opportunity to reimburse the specified lost income or losses to mortgage agents who were transferred the rights of claim under the obligations secured by the mortgage from credit agreements (loan agreements) in order to issue mortgage-backed bonds, as well as other creditors (lenders) for housing mortgage loans ( loans), it seems advisable to supplement paragraph 3 (1) of Resolution No. 373 with a provision allowing the use of funds received in accordance with paragraph 2 of this Resolution for the purpose of reimbursing lost income or losses (their part) to creditors (lenders) and mortgage agents created in accordance with the requirements of the Federal Law of November 11, 2003 No. 152-FZ "On Mortgage Securities", which own the rights of claim for mortgage loans (loans), restructured in accordance with the main conditions for the implementation of the assistance program approved by Resolution No. 373 certain categories of mortgage borrowers (loans) who find themselves in a difficult financial situation.
In order to bring it into conformity with the Decree of the Government of the Russian Federation No. 1331 dated December 7, 2015 "On Amending the Decree of the Government of the Russian Federation No. 373 dated April 20, 2015", providing for the exclusion of subparagraph "c" of paragraph 2 of the main conditions for the implementation of the program, it is proposed to declare paragraph 4 of Resolution No. 373 invalid.
In order to provide borrowers with sufficient support, it seems advisable to increase the maximum amount of compensation for each restructured mortgage housing loan (loan) from 10 to 20 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 600 thousand rubles.
So, for an average loan in the Russian Federation in the amount of 1.65 million rubles, with a decrease in the volume of the principal debt from 1.5 million rubles to 1.35 million rubles. (by 10%) the size of the borrower's monthly annuity payment is reduced by 2,000 rubles. In this case, if the borrower is able to receive compensation in the amount of 330 thousand rubles. (20% of the principal mortgage loan), then the monthly payment will decrease by more than 3000 rubles.
In connection with a significant number of applications from families experiencing difficulties in paying off mortgage loans, dependent on whom are adult children continuing their education in educational institutions of secondary specialized and higher vocational education, the draft resolution proposes to expand the list of social categories of citizens who are entitled to apply for participation in the assistance program, supplementing the specified list with the category of borrowers who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, cadets.
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The assistance program provides for a requirement in the form of an estimate of the average monthly total income of the borrower's family, after deducting the monthly payment on the loan, which should not exceed two times the subsistence level for each family member of the borrower. This requirement is sufficient to assess the financial condition of the borrower's family and allows an objective decision on the need to provide financial support. In this regard, it is proposed to exclude the additional requirement provided for by the second paragraph of subparagraph "b" of paragraph 7 of the main conditions for the implementation of the assistance program.
In addition, in order to expand the categories of citizens who can be supported under the program, it is proposed to exclude the requirement provided for in subparagraph "e" of paragraph 7 of the main conditions for the implementation of the assistance program in terms of the term of the loan agreement as of the date of applying for restructuring.
At present, confirmation by the borrower that the residential premises pledged under the mortgage is the only one for living and the aggregate share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of such other residential premises, is carried out by obtaining from the unified state register rights to real estate and transactions with it information about the rights of an individual to the real estate objects he owns.
In accordance with paragraph 2 of Article 7 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", the provision of this information is carried out on a reimbursable basis (the cost of obtaining information in relation to one copyright holder - an individual is about RUB 1,500.00).
In this regard, it is proposed to provide for the possibility of confirmation by the borrower that the residential premises mortgaged under the mortgage is the only one for living and the aggregate share of the mortgagor and his family members in ownership of other residential premises does not exceed 50% in each of such other residential premises, by submitting an application to the lender in simple writing.
The draft resolution does not contain provisions that contradict the provisions of the Treaty on the Eurasian Economic Union, as well as the provisions of other international treaties of the Russian Federation.
The adoption of the draft resolution will not require the allocation of additional funds from their budgets of the budgetary system of the Russian Federation.
There are no grounds for a preliminary discussion of the draft resolution at a meeting of the Public Council under the Ministry of Construction, Housing and Communal Services of the Russian Federation.
/ projects / List / AdvancedSearch # npa = 51315
Program Implementation Report 2014- 2015 yy presented by the Director General
Report
… or by decrees … 2015 in 2014– 2015 the use of the ePCT system has significantly expanded, which since april2015 … 20 % (2) 20 % (3) 20 % (4) 20 % (5) 20 … changes including 14 373 … makingchanges … fromgovernmentsRussianFederation, WRO at the end 2015 …
Order of the Ministry of Internal Affairs of Russia from 02.04.2013 n 187 "on recognizing as invalid the order of the Ministry of Internal Affairs of Russia from February 3, 2005 N 67 "Order of the Ministry of Internal Affairs of Russia from 02.04.2013 n 186
Document
… RUSSIANFEDERATIONS FOR THE PERIOD 2009- 2015 YEARS "ORDER OF THE MIA OF RUSSIA from20 ... N 373 from 11/14/2006 "About INTRODUCTIONCHANGES IN APPENDIX ... REGULATIONSGOVERNMENTSRUSSIANFEDERATIONSFROM 5 APRIL 1997 N 397 "ORDER of the Ministry of Internal Affairs of the Russian Federation from 05/26/1998 N 309 "O INTRODUCTIONCHANGES …
General introduction. This site contains materials devoted to health, the author of which is Alexander Brusnev. The selection is: 3 books, not one
Document
… making … by decrees … 20 d, plantain leaves 20 … change lifestyle. "English educators will not be allowed to smack and smoke children Government … from August 27, 1999 No. 337 "On the nomenclature of specialties in health care institutions RussianFederation … April … 2015 …
In connection with the 20 November 2013 "Day of legal ... normative legal acts on the territory RussianFederation, NS
Document
… -32 "On acceptance rulingsGovernmentsRussianFederationfrom 01/30/2013 N 65 "O makingchanges in rulingsGovernmentsRussianFederationfrom 6 april 2004 N 154 and from 30 June …
Factory # 8 was assigned its own factory indexes to other people's guns (Bolshevik, Hotchkiss, Maxim, Reinmetall, etc.), thus the Lender system
Document
… 12 (2438,373 ). Other defensive ... april 1930 Nanking the government... (Archive of foreign policy RussianFederation(WUA RF). F. ... introducedchanges how ... (1946) - 2015 people, (... Osinsky). Resolved: in changerulings Politburo from20 January c. G. (…
"Qabr-m and printed and tkhyder" (5)
Document
…. CBD. Parliament. O makingchanges in decree Of the Parliament of the KBR from May 5, 1994 No. ... 1. RussianFederation. Government... On improving the vocational education system in the Kabardino-Balkarian Republic: ResolutionGovernments RF ...
Other similar documents ..
Recently, there have been changes in the Decree of the Government of the Russian Federation No. 373, which was aimed at supporting certain categories of citizens who have issued for themselves.
But what exactly has changed? Who is eligible for debt restructuring? What to expect now?
Basic Provisions
According to the Decree of the Government of the Russian Federation No. 373, certain categories of citizens who live in the territory of the Russian Federation have full, and most importantly, legal right for the restructuring of loans in both domestic and foreign currencies.
TO basic conditions for which you can get restructuring include:
According to this legislative act by her own restructuring implies under itself making changes in the action of the previously signed credit agreement, namely:
- a significant reduction in the amount of required monthly payments for a period of up to 1 calendar year;
- in a partial amount, the possible write-off of the debt body itself;
- adjustment of the annual interest rate - under the new agreement, it will not be more than 12%.
In the process of restructuring a mortgage loan for the creditor banks themselves, there is a unique opportunity to recover a certain part of the lost profit in the period from 6 months to 1 calendar year. At the same time, one loan allows maximum size return of 10% of the balance of the current loan, but at the same time not more than 600 thousand rubles.
In addition, myself authorized capital AHML was additionally financed by the state in the amount of about 4.5 billion rubles. For this reason, it is safe to say that most of the families with financial difficulties will be able to receive tangible state support in this direction.
2016 innovations
In 2016, some changes were made to this resolution for certain categories of citizens of our country who are in dire need of state support for mortgage lending.
First of all, it was significantly increased return size for each individual mortgage loan (subject to restructuring). After the amendments were made, the percentage is no longer 10, but 20 percent, but the amount itself in monetary terms has remained unchanged - no more than 600 thousand rubles.
Concerning categories of citizens, then here, too, there have been minor changes - the list was supplemented by those persons who are dependent on citizens under the age of 24 who are mandatory must be learners, cadets / students, graduate students, adjutants or residents, as well as assistants or interns. At the same time, the very form of training must be full-time.
Also, the changes affected themselves conditions for participation in a programme.
The key point in this matter is considered to be the exclusion of mandatory changes in borrowers' income.
In this case it comes to decrease monthly income(average) for the last 3 months, which preceded the moment of submission of the corresponding application for restructuring. This refers to a decrease of more than 30% compared to the average income for the last 3 months that precede the moment of signing the mortgage agreement.
The same condition exists for the possible increase in the amount of the obligatory monthly payment on a valid mortgage loan, which was determined at the time of signing the agreement at the rate that was established The Central Bank RF, but not less than 30%. In simple words, the amount of the payment must be increased by at least 30%.
Based on such changes, we can now say that it will be assessed exclusively average income for a month family potential borrower, which, after deducting the mandatory payment for the mortgage loan, should not exceed the amount by more than 2 times. This rule applies to every family member.
In addition, it is also necessary to pay attention to the fact that now, under the new conditions, the current agreement on a mortgage loan should not end within 12 months at the time of drawing up the application for restructuring. In simple words, the mortgage loan agreement must be valid for at least another 1 year.
Who can count on help
In its Resolution, the Government of the Russian Federation is ready to provide the necessary assistance to citizens who fall into certain categories in every possible way.
In particular, take part in the restructuring program citizens have every right, which:
All other citizens who do not fall under these categories can apply exclusively to general grounds... As for the requirements, we considered them above.
If we talk about direct residential real estate requirements, then they are as follows:
- the only housing should act as collateral. At the same time, the possibility of ownership of other residential real estate is allowed, but not more than 50%;
- the cost per 1 square meter of real estate may be 60% higher than the average price in the region (but not more expensive);
- the area of residential real estate should be: no more than 45 sq. meters for a one-room apartment, 65 sq. meters - for a two-room apartment, 85 sq. meters - for a three-room apartment and more.
Moreover, such requirements can be ignored if the pledger has three or more minor children.
Description of the restructuring procedure
According to Government Decree No. 373, today there are several alternative ways to help borrowers who find themselves in financial difficulties.
In particular, we are talking about such options, how:
- all foreign loans are converted to local currency at the then prevailing rate of Of the Central Bank RF;
- the annual interest rate on restructuring is set at no more than 12%. If we talk about a mortgage loan in domestic currency, the interest rate will be fixed;
- the required monthly amount of payments is significantly reduced (by about 50%) for a period of up to 1.5 years. In addition, the amount that turns out to be underpaid will be carried over to subsequent periods;
- all financial liabilities of borrowers are reduced by 20% of the residual amount of debt, but not more than 600 thousand rubles in cash equivalent;
- banking institutions do not have the right to withdraw payments from borrowers for registration of restructuring.
It should be understood that the very choice of the restructuring method directly depends on the terms of the current agreement on the mortgage loan, its validity period, and so on. At the same time, creditors are strictly prohibited from charging various penalties to borrowers, delays, and so on.
Which banks work under this program
To date, many banking institutions operating in the Russian Federation have already joined state program mortgage loan assistance.
Exactly financial institutions make decisions that directly relate to the revision of the terms of the current mortgage loan and in most cases make a positive decision, but there are also cases of refusal.
Major banking institutions that are popular in this direction are considered to be:
If for any reason banking institution refused to change the terms of the loan under the state program, the borrower has every right to apply to another financial institution.
Validity
It was originally planned that the program will continue until the end of 2016. However, at the end of December it became known that the Government of the Russian Federation had extended the program until March 1, 2017.
However, according to officials, this is not yet final and, most likely, it will be possible to say that the program will be used for the entire 2017.
This is largely due to the complex economic situation across the country, when, due to the actions of sanctions from the West, many industries are forced to reduce the number of their workers, thereby endangering their normal existence.
This state support for citizens who cannot cope with the payment of mortgage loan payments is described in the following video:
Welcome to the pages of the online magazine "Ipotekoved.RU". Today we will tell you about what the program of assistance to mortgage borrowers is and how exactly you can get help in paying off the mortgage from the state in 2020.
Today you will find out:
- What is this assistance program for individual categories mortgage borrowers?
- How to get help in paying off the mortgage from the state?
- Reviews of those who received assistance from the state in paying the mortgage.
So go ahead!
Mortgages have become one of the most effective tools for solving the housing problem in Russia. Yes, it has a number of disadvantages and advantages, which we will consider in a separate post of our project, but this is a real opportunity, especially for young families, to purchase housing.
With the onset of another economic crisis, the state had to provide support to mortgage borrowers in a difficult financial situation. In April 2015, the corresponding Resolution 373 of the Government of the Russian Federation of 20.04.2015 was issued, signed by D.A. Medvedev. The operator of this project was the Agency for Housing Mortgage Lending JSC.
Initially, this decree provided for the duration of the assistance program until the end of 2016, but it was repeatedly amended and supplemented. Today, according to latest changes 373 Government Decisions of November 24, 2016, assistance to mortgage borrowers (mortgage restructuring) valid until March 1, 2017(extended until May 31, 2017, Decree of the Government of the Russian Federation of February 10, 2017 No. 172, from March 7, 2017, the acceptance of new applications has been suspended due to the expenditure of funds under the program.
However, in July 2017, an additional 2 billion rubles were allocated from the government fund for the renewal of the program. On August 11, 2017, new conditions for participation in the mortgage borrower assistance program were released - which you will learn about from this post) and is as follows:
- The borrower's mortgage obligations to the bank are reduced in the amount of 20% to 30% of the balance (at the discretion of the lender's bank), but no more than 1,500,000 rubles.
- By agreement between the borrower and the bank, you can choose the format of assistance, namely, either direct the entire amount of assistance to the mortgage to pay off the principal debt and thereby reduce the monthly payment, or reduce the monthly payment by 50% or more for a period of up to 1.5 years.
- Replacing a foreign currency mortgage with a ruble mortgage. At the same time, the mortgage rate cannot be higher than 11.5% per annum. For a ruble mortgage, not higher than the rate in force in the bank, with the exception of cases provided for by the mortgage agreement, in case of violation of the insurance rules.
- Until September 1, a special interdepartmental commission should be created, which will be able to increase the maximum payment for the program by 2 times and approve applications for participation if there are deviations from the basic conditions, but in no more than two points.
Example: If a family has a mortgage balance of 2 million rubles at the time of restructuring and, after checking the documents of the AHML, the creditor bank decided to write off the debt in the amount of 20% of the balance of the principal debt, then with a mortgage of 12% per annum with a remaining term of 10 years payment to be reduced from the planned 28694 rubles. per month up to 22955. Benefit 5739 rubles.
There is an opinion that very often banks refuse to restructure a mortgage, but in fact, this procedure is very beneficial for them. losses incurred by the bank (lost interest income) due to early repayment are compensated by the state.
Changes in the program of assistance to mortgage borrowers dated 02/10/2017 suggest that the maximum reimbursement of 30% of the balance (up to 1.5 million rubles) is compensated by the state only if the family has two children or you are disabled (disabled child), and can also be claimed by combat veterans. With one child, you can only qualify for 20%. Changes as of August 10, 2017 allow to increase the size maximum payout twice by decision of a special interdepartmental commission. Also, the mortgage loan must be issued no earlier than 12 months before the date of the application for restructuring.
After analyzing the negative reviews about the payment of mortgages with the help of the state, our experts came to the conclusion that most often the reason for refusal is inaccurate information provided by the borrower and not knowing the basic requirements and conditions of state support. Let's talk about them now.
An important point! Acceptance of documents for the Program has been suspended since 2.12.2018 and the program is no longer working.
Who can get support from the state
Government Decree No. 373, as amended on November 24, 2016, provides the following list of persons to whom the state can help pay mortgage payments:
- Citizens of the Russian Federation with 1 or more minor children;
- Guardians (trustees) of 1 or more minor children;
- Participants in hostilities;
- People with disabilities or families with disabled children;
- Citizens with dependents of children under 24 years of age who are studying full-time in an educational institution.
Mortgage Housing Requirements
To receive assistance from the state, a mortgage-backed apartment must meet these characteristics:
- Should not exceed the total area for a one-room apartment - 45 sq.m., for an apartment with two rooms - 65 sq.m. and for three rubles and more - 85 sq.m.
- The cost of 1 sq.m. the total area of housing does not exceed 60% average cost a typical apartment in your region on the date of the loan agreement (according to the Federal State Statistics Service).
- The dwelling must be the only one for the mortgage borrower. At the same time, it is allowed to have a total share of ownership of all family members of no more than 50% in one other living quarters... The countdown on the availability of property is from 04/30/2015. Those. it will not be possible to quickly rewrite / donate "extra" real estate in order to become a participant.
An important point! The requirement for the total area of mortgage housing and the cost per square meter does not apply to families with 3 or more minor children. If you own more than 50% of property in another home, then you will be refused according to the program, but you can rewrite it to relatives and then everything will be ok. To do this quickly and without problems, we recommend signing up for a free consultation with our lawyer (promotion until 31.12.2020) in a special form in the corner. From 11.08.2017 disputes to square meters and deviations from the program should be decided by a special interdepartmental commission, which will be created in September.
Requirements for mortgage borrowers
- Russian citizenship
- Your income is below two living wages at your place of residence for each person in the family, if you subtract from him your monthly mortgage payment. Three complete last month... In this case, the mortgage payment must increase by at least 30% of the initial payment.
Those. this program suitable only for foreign currency mortgages and those borrowers who have a floating rate. For ordinary mortgage borrowers, a situation is impossible when current payment above the original by 30%. But when the interdepartmental commission starts working, it will be possible to submit an application for consideration there. up to 2 deviations from the conditions are allowed. Deviation to increase the monthly payment including.
If you have a co-borrower in the mortgage and he has a share in the property in this apartment, then he is obliged to provide a full package of documents both for himself and for his family members.
Now answer these questions. If you have received the answer “NO” for one of them, then you will not be able to apply for participation in the program of support for mortgage borrowers in 2020.
- Do you have minor children or are you a guardian (custodian) of such children?
- Housing on a mortgage bought in Russia?
- Are all mortgage borrowers citizens of the Russian Federation?
- After deducting the mortgage payment, is the income for each member of your household less than two living wages in your area?
- Has your payment increased by 30% from the original schedule?
- Is the mortgage issued for the purchase of finished or housing in the construction site?
- The total area of housing is less than 45 sq. M for a single room, 65 sq. M. for kopeck piece and 85 sq.m. for three rubles and above (except for families with 3 or more children).
- The cost of 1 sq.m. no more than 60% of the average cost of a square in typical apartment your region?
If you have all the answers "Yes", then you will be able to receive support from the state in repaying mortgage loans.
How to get government support
Now you already know that you can count on support from the state in paying off your mortgage. Now it remains to find out how to get it.
First of all, you need to contact the bank where you received the mortgage. Nearly all major banks participate in this mortgage assistance program. The complete list can be downloaded.
As a rule, this issue is dealt with by the Arrears Department. It is enough just to call contact center your bank and find out where it is.
The bank will give you a list of documents for state support on a mortgage. A sample list is presented below:
- Application form with the obligatory indication of the reason for providing you with assistance from the state (decrease in income, reduction, decree, etc.).
- Passports, birth certificates of minors of all family members.
- Marriage certificate (if the marriage is registered).
- Certificate of divorce, change of name, parents and children, parental agreement on the child's residence with one of the parents (if required).
- The decision of the guardianship authorities or the court decision on the establishment of guardianship (for guardians and trustees).
- War veteran certificate (for veterans).
- Disability documents from the borrower or co-borrower or their children.
- Birth certificate for dependent persons under the age of 24.
- Certificate of family composition to confirm the residence of a dependent under 24 years old with the borrower / co-borrower.
- Help from educational institution that a child under 24 who is dependent on the borrower / co-borrower is enrolled in full-time education.
- A notice from the Pension Fund stating that a dependent person under 24 years of age has no independent earned income.
- A certified copy of the work book of the borrower / co-borrower.
- Official certificate from work (for military or law enforcement officers).
- Certificate of registration of individual entrepreneurs (for individual entrepreneurs).
- Order of the Ministry of Justice of Russia on appointment as a notary (for notaries).
- Employment book and / or expired employment contract for the unemployed.
- Document on registration with the employment service (for unemployed).
- Notice pension fund on the state of the personal account of the insured person (for all).
- Certificate from the FSS of the Russian Federation on income from temporary disability, benefits and other payments.
- Certificate of income in the form of 2 personal income tax or in the form of a bank from all family members.
- Bank certificate on the total amount of family income (provided by the bank).
- Tax returns, patents, etc.
- Certificate of the amount of pension for pensioners.
- Loan agreement
- Mortgage (if issued, then it is in the bank).
- Application from borrowers that they have real estate on Russian territory.
- Equity agreement (for a mortgage on a new building).
- Mortgage collateral appraisal agreement.
- Technical / cadastral passport for the residential premises.
- Mortgage payment schedule.
The list is impressive enough to keep you running a little, but it's worth it. The only point is quite complicated - these are extracts from the USRN. They cost money. One extract on the rights to property throughout Russia is 1,500 rubles per person and no one will return them to you in case of refusal. There were many complaints about this last time. From 11.08.2017, the requirement for an extract from the USRN has been canceled. The bank has no right to demand it. AHML independently requests it.
After full list documents submitted to the bank, the responsible employee must send them to the AHML for verification. On average, it lasts 30 days, but the feedback from participants indicates that it can go up to six months. the bank and AHML request additional documents at your own discretion.
When AHML makes a positive decision, the bank will inform you of the date of the meeting. Next, you will need to sign a new payment schedule, new document PSK, conclude a restructuring agreement (supplementary agreement to the mortgage agreement), an agreement on changes to the terms of the mortgage. Next, you will need to wait from 2 to 4 weeks when the mortgage will be requested from the bank's archive. After that, it is necessary, along with a full package of credit documents and an agreement on changes in the terms of the mortgage (be sure to make copies), to visit the justice department for state registration of the changes.
The process in Gazprombank is going on in a similar way. VTB 24 closes mortgage and issues new loan for a smaller amount, which means that you again have expenses for paying for insurance and assessments.
There is no mortgage restructuring fee. Carrying out this procedure does not exempt you from paying the monthly payment and insurance premiums stipulated by the contract.
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