Government Decision of 20.04. 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
(as amended by the Government Decree of 11.08.2017 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 housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the Agency for Housing Mortgage Lending"
In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by order of the Government of the 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.
- The Ministry of Construction and Housing and Communal Services of the Russian Federation to 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 planning period 2016 and 2017, "as a contribution to the charter capital of the Agency for Housing Mortgage Lending Joint Stock Company for the implementation of a program to help certain categories of mortgage borrowers ischnym credits (loans), caught in a difficult financial situation.
- To the Federal Agency for State Property Management, to ensure in the established manner an increase in the authorized capital of the Agency for Housing Mortgage Lending JSC by 4.5 billion rubles through the placement of additional shares and to carry out actions related to the acquisition of these shares and registration of the property rights 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 Agent State Property Management Agency and the Joint-Stock Company "Agency for Housing Mortgage Lending".
3 (1). Allow 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 loss (part of it) to creditors (lenders) on housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law on Mortgage Securities securities ", on mortgage housing loans (loans), rights of claim for which were acquired by mortgage agents, and the Agency for Housing Mortgage Lending Joint Stock Company on mortgage housing cr loans (loans) for which the rights of claim were acquired by this company, if the specified mortgage housing loans (loans) are restructured in accordance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage housing loans (loans), who find themselves in a difficult situation financial situation (hereinafter - the program);
- place temporarily free money received for the purpose of implementing 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 its operating costs associated with the implementation of the program, the list of which is determined by the supervisory board of the mortgage agency housing lending. "
4. Lost power. - (Decree 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 PROGRAM OF ASSISTANCE TO SEPARATE CATEGORIES OF BORROWERS FOR MORTGAGE HOUSING LOANS (LOANS) found in a difficult 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 housing loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for the restructuring of mortgage housing loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the terms of reimbursement to lenders (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), claims for which were acquired by mortgage agents, and the joint-stock company Agency for Housing Mortgage Lending for mortgage loans (loans), claims for which were acquired by this company, losses (part thereof) resulting from such restructuring (hereinafter referred to as the creditor, borrower, repayment, restructuring).
2. Compensation under the program is made once for mortgage housing loans (loans), restructured in accordance with this document, in the manner established by the Joint-Stock Company "Agency for Housing Mortgage Lending", published on its official website in the Internet.
3. The creditor's losses (part of them) for each mortgage housing loan (loan) restructured in accordance with this document shall be reimbursed in the amount by which, as a result of restructuring, in the cases provided for by subparagraph "c" of paragraph 10 of this document, the amount of money obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6 subject to paragraph 7 of this document.
4. Compensation 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 decision of the lender on the restructuring application provided by the borrower to the lender (hereinafter - the restructuring application).
Restructuring can be carried out by the conclusion by the creditor and the borrower (joint debtors) of an agreement to amend the terms of a previously concluded loan agreement (loan agreement), the conclusion of a new loan agreement (loan agreement) for the full repayment of debts on a restructured mortgage housing loan (loan), conclusion of a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of reimbursement for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan (loan) amount calculated on the date of 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 on making decisions on reimbursing lenders (lenders) for mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), claim rights for which were acquired by mortgage agents and the Agency for Housing Mortgage Lending Joint-Stock Company for mortgage housing loans (loans), claim rights for which were acquired by this company, loss kov (their parts) arising as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter referred to as the interagency commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) based on the relevant appeal of the creditor to the interagency commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on the interagency commission.
8. Unless otherwise provided by this document, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:
a) the borrower (joint debtors) is a citizen of the Russian Federation, belonging to one of the following categories:
- citizens with one or more minor children or who are the guardians (trustees) of one or more minor children;
- citizens who are disabled or have children with disabilities;
- citizens who are war veterans;
- citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjunct students, interns, trainee assistants, interns and full-time students;
b) change in the financial position of the borrower (joint debtors) - the average monthly total income of the family of the borrower (joint debtors) calculated for 3 months preceding the date of the application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan) calculated on the date preceding the date of filing an application for restructuring does not exceed for each family member of the borrower (joint debtor) twice the cost of living established in the constituent entities of the Russian Federation, for those rhetorician whom live persons whose incomes are taken into account in the calculation. In this case, the average monthly total income of the borrower's family (joint debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint debtors) and members of his family, which for the purposes of this subparagraph include the spouse (borrower) of the borrower (joint debtor) and his minor children, including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the loan (loan) calculated on the date preceding th date of filing 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) security for the fulfillment of the borrower's obligations under the loan agreement (loan agreement) is a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of claim rights to such a dwelling arising from an agreement on participation in shared construction that meets the requirements of the Federal Law “On Participation in Share the construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation "(hereinafter - the contract of participation in shared construction ve);
d) the total area of \u200b\u200bthe dwelling, including the dwelling, the right of claim for which arises from the contract for participation in shared construction, the mortgage of which is a guarantee for the fulfillment of the borrower's obligations under the loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 square meters. meters - for a room with 2 living rooms, 85 square meters. meters - for a room with 3 or more living rooms;
e) a dwelling, including a dwelling, the right of claim arising from an agreement on participation in shared construction, the mortgage of which is a guarantee for the fulfillment of the obligations of the borrower under the loan agreement (loan agreement), is (will be) the only housing of the pledger. Moreover, 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 basic conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage housing loans (loans) who find themselves in a difficult financial situation, and increase the authorized of the capital of the Agency for Housing Mortgage Lending Joint-Stock Company by the date of submission by the borrower of the application for restructuring, the aggregate share of the mortgagor and his family members in the ownership right is not for more than 1 other residential premises in the amount of not more than 50 percent.For the purposes of this subparagraph, the mortgagor's family members include the mortgagor's spouse (spouse) and his minor children, including those under his guardianship or trusteeship.The compliance with these conditions is confirmed by the statement of the borrower in simple writing. Submission by the borrower of information from the Unified State Register of Real Estate is not required. The Joint-Stock Company "Agency for Housing Mortgage Lending" carries out an audit of delivered in accordance with the sub information borrower;
f) a loan agreement (loan agreement) is concluded at least 12 months prior to the date the borrower submits a restructuring application, unless the mortgage loan (loan) is provided for the full repayment of a mortgage loan (loan) loan granted at least less than 12 months before the date the borrower submits the restructuring application.
9. In case of non-compliance with no more than two conditions stipulated by clause 8 of this document, payment of compensation within the framework of 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) the change in the currency of the loan (loan) from foreign currency to Russian rubles at the rate not higher than the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
b) setting the size of the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate effective at the date of conclusion of the restructuring agreement (for loans (loans) denominated in Russian rubles);
c) reduction of monetary obligations of the borrower (joint debtors) in the amount of not less than the maximum amount of compensation established by clause 6 taking into account clause 7 of this document, due to the lump-sum forgiveness of part of the loan (loan) amount and (or) change of the loan (loan) currency from currencies to Russian rubles at a rate lower than the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
d) exemption of the borrower (joint debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (joint debtors) and (or) recovered on the basis of a court decision that has entered into legal force.
11. When concluding an agreement on restructuring, it is not allowed to shorten the terms of mortgage housing loans (loans) and (or) lender levying a commission from a borrower (joint debtors) for actions related to restructuring.
12. All settlements under the program are made in Russian rubles at the exchange rate of the respective currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). "
IMPORTANT! In August 2017, the Government of the Russian Federation led by D. Medvedev allocated an additional 2 billion rubles to assist mortgage borrowers. However, the terms of the program have changed significantly.
Part of the mortgage debt will be forgiven to those citizens whose incomes decreased by one 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 04.20.2015.
The list of such borrowers was approved, the following categories of citizens belong to them:
war veterans
citizens with dependent 2 or more minor children
disabled people
employees of municipal and state institutions of healthcare, culture, employment, social protection, physical education and sports, scientific organizations, employees of the military-industrial complex
Decree No. 373 of 04/20/2015 provides for such Russians to restructure their debt on the basis of an application if their income decreased by 30% or more. The resolution provides for certain conditions for the mortgage object (its location, area, value), as well as for the loan itself, more precisely, for its goals (major repairs, purchase of housing, participation in shared construction, etc.). As of the application filing date, late payments should 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 main debt is forgiven, loan conditions are changed, the interest rate is set at no higher than 12% per annum
The lender, 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 within the framework of the program was increased by 4.5 billion rubles.
Change Information:
Decree of the Government of the Russian Federation of December 7, 2015 N 1331 amended the name
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 housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the Agency for Housing Mortgage Lending"
With changes and additions from:
In order to implement the plan of priority measures to ensure sustainable development of the economy and social stability in 2015, approved by 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 housing mortgage loans (loans) who find themselves in a difficult financial situation.
Change Information:
Decree of the Government of the Russian Federation of December 7, 2015 N 1331 amended paragraph 2
2. The Ministry of Construction and Housing and Communal Services of the Russian Federation to 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 the planned the period of 2016 and 2017, "as a contribution to the charter capital of the joint-stock company" Agency for Housing Mortgage Lending "for the implementation of the program to help certain categories of borrowers for mortgage loans home loans (loans) that find themselves in a difficult financial situation.
Change Information:
Decree of the Government of the Russian Federation of December 7, 2015 N 1331 amended paragraph 3
3. The Federal Agency for State Property Management to ensure, in the prescribed manner, an increase in the authorized capital of the Agency for Housing Mortgage Lending JSC by 4.5 billion rubles by placing additional shares and taking 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 Ag ntstvom for State Property Management and the Joint Stock Company "Agency for Housing Mortgage Lending".
Change Information:
By Decree of the Government of the Russian Federation of December 7, 2015 N 1331, the resolution is supplemented by clause 3.1
3.1. Allow Joint-Stock Company Agency for Housing Mortgage Lending:
- to use the funds received in accordance with paragraph 2 of this resolution for the purpose of reimbursing lost or lost income (or part thereof) on mortgage housing loans (loans), claims for which were acquired by the Joint-Stock Company Agency for Housing Mortgage Lending and restructured in accordance with the basic terms approved by this resolution for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans), which provided hsya in a difficult financial situation (hereinafter - the Program);
- place temporarily free funds received for the implementation of the program in government securities (federal loan bonds) and (or) in bank deposits, the list of which is determined by the supervisory board of the Agency for Housing Mortgage Lending, and use the money received from their placement income for financing the program and compensation for its operating expenses associated with the implementation of the program, the list of which is determined by the supervisory board of the joint-stock company "A entstvo 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 on mortgage housing 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 housing loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for the restructuring of mortgage housing loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the conditions for reimbursement to lenders (lenders) for mortgage housing loans (loans) and the joint-stock company Agency for Housing Mortgage Lending (CJSC) for loans (loans), claim rights to torym purchased this society, lost income or loss (parts) that have arisen as a result of this restructuring (hereinafter respectively - the losses, the lender, the 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 telecommunication network “Internet”.
3. The lender shall be indemnified 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 on 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 decision of the creditor on the basis of a restructuring application submitted by the borrower (at the same time as joint debtors) to the creditor (hereinafter referred to as the restructuring application).
Restructuring can be carried out both by the conclusion by the creditor and the borrower (joint debtors) of an agreement to amend the terms of a previously concluded loan agreement (loan agreement), and by the conclusion of a new loan agreement (loan agreement) for the full repayment of debts on a restructured mortgage housing loan (loan) (hereinafter referred to as the restructuring agreement).
5. The total amount of 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 amount of the positive balance of income from the placement by the company Agency for Housing Mortgage Lending of temporary free funds in government securities (federal loan bonds) and (or) in bank deposits and operating expenses incurred 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) amount calculated at the date of conclusion of the restructuring agreement, but not more than 600 thousand rubles.
7. The concluded loan agreement (loan agreement) at the date of submission of the application for restructuring must meet the following conditions at the same time:
a) the borrower (joint 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 (trustees) of one or more minor children;
citizens who are war veterans;
citizens who are disabled or have children with disabilities;
b) change in income of the borrower (joint debtors):
the average monthly income of the borrower (joint debtors) calculated for 3 months preceding the date of filing the restructuring application decreased by at least 30 percent compared to the average monthly income of the borrower (joint debtors) calculated for 3 months preceding the date of conclusion of the loan agreement (contract) loan), or the amount of the planned monthly payment on the loan (loan), calculated on the date of the application for restructuring (in ruble terms at the exchange rate of the corresponding currency set by Central th Bank of the Russian Federation on the same date), 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);
the average monthly total income of the family of the borrower (joint debtors) calculated for 3 months preceding the date of filing the restructuring application, after deduction of the planned monthly payment on the loan (loan) calculated on the date of filing the application for restructuring, does not exceed for each family member of the borrower (joint and several) debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation in whose territory the persons whose incomes were taken into account are living. In this case, the average monthly total income of the borrower's family (joint debtors) in the billing period is equal to the sum of the average monthly income of the borrower (joint debtors) and members of his family, which for the purposes of this document include the spouse of the borrower (joint debtor) and minor children, including the number under their care or guardianship;
c) ensuring the fulfillment of the borrower's obligations under the loan agreement (loan agreement) is a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of claim rights arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation "(hereinafter - the share agreement);
d) a dwelling, including a dwelling, the right of claim arising from an equity agreement, the mortgage of which is a guarantee for the fulfillment of obligations of the borrower under the loan agreement (loan agreement):
total area does not exceed: 45 square meters. 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 square. meter of total area does not exceed more than 60 percent of the cost of 1 square. meters of the total area of \u200b\u200ba typical apartment for the primary or secondary housing market (respectively) in the subject of the Russian Federation in which the premises are located, determined according to the Federal State Statistics Service on the date of the conclusion of the loan agreement (loan agreement);
e) a dwelling, including a dwelling, the right of claim arising from an equity agreement, the mortgage of which is a guarantee of fulfillment of obligations under a loan agreement (loan agreement), is the only housing of the mortgagor. In this case, the aggregate share of the mortgagor and members of his family in the right of ownership to 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 submission of the application for restructuring must be valid for at least 12 months.
8. The requirements provided for by subparagraph "d" of paragraph 7 of this document shall not be presented if the mortgagor has 3 or more minor children.
9. The following conditions shall be provided for by the restructuring agreement:
a) the change in the currency of the loan (loan) from foreign currency to Russian rubles at a rate not higher than the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement - for loans (loans) issued in foreign currency;
b) setting the size of 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 applicable at the date of conclusion of the restructuring agreement - for loans (loans) previously issued in Russian rubles. An increase in the lending rate is possible only if the borrower violates the terms or conditions for the conclusion of insurance contracts provided for by the loan agreement (loan agreement) concluded before the restructuring;
c) if a 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 amount of the planned payment calculated at the date of conclusion of the restructuring agreement (in ruble equivalent at the corresponding exchange rate currency established by the Central Bank of the Russian Federation on the date of 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 repayment of the loan (loan) amount and (or) interest accrued during the assistance period;
d) reduction of monetary obligations of the borrower (joint debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6 of this document due to:
changes in the currency of a loan (loan) from foreign currency to Russian rubles at a rate lower than the corresponding currency rate set by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement;
one-time forgiveness of part of the loan (loan) amount;
reduction for the period of assistance specified in subparagraph "c" of this paragraph, lending rates.
10. The volume of reduction of monetary obligations of the borrower (joint 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 during the assistance period;
n is the number of months of the period of assistance to the borrower;
p is the interest rate established for the loan (loan) after the completion of the assistance period in compliance with the requirements provided for by subparagraph "b" of paragraph 9 of this document;
Pi is the interest rate set for the loan (loan) for the period of assistance.
11. When concluding a restructuring agreement, a reduction in the terms of mortgage housing loans (loans) is not allowed.
During the restructuring, the lender is not allowed to charge the borrower (joint debtors) the commission for actions related to the restructuring. "
RESOLUTION
from___________________
ABOUT AMENDMENTS
Prime Minister
Russian Federation
D.MEDVEDEV
Approved by
government decree
Russian Federation
from ____________________
CHANGES
In the decree:
b) in paragraph 7:
EXPLANATORY NOTE
2015
Report
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Section 9
Home\u003e New laws of the Russian Federation 2017-2018\u003e Federal Law of 03.07.2016 N 373-ФЗ\u003e Article 9
1. The information specified in the urban development plan of the land plot, approved before the date of entry into force of this Federal Law, can be used for the period established by the regulatory legal act of the highest executive body of state power of the subject 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 of design documentation in relation to capital construction facilities and (or) their parts, construction I am reconstructing within the boundaries of such a land plot, issuing building permits. After the established period, 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 an object of capital construction has been received before the effective date of this Federal Law, a permit for the commissioning of such an object shall be issued on the basis of a town-planning plan for the 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 object is received after the day this Federal Law comes into force on the basis of a town-planning plan for the land plot specified in part 1 of this article, during the period of validity established in accordance with part 1 of this article, the permit the commissioning of the capital construction project is issued on the basis of such a town-planning plan for the land plot.
4. In the event that a decision to prepare a territory planning project or a land surveying project has been made before the day this Federal Law comes into force, the preparation and approval of the territory planning documentation is carried out in accordance with the provisions of the Town Planning Code of the Russian Federation (as amended up to the day of its entry into force by virtue of this Federal Law).
About the resolution of the Government of the Russian Federation of 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 of local self-government before the date of entry into force of this Federal Law, the preparation and issuance of a town-planning plan for a land plot is carried out in accordance with the provisions of the Urban Planning Code of the Russian Federation (as amended up to the day of entry by virtue of this Federal Law).
6. In the event that draft territorial planning documents, draft land use and development rules, as well as draft amendments to these documents were prepared and considered at public hearings before the date of entry into force of this Federal Law, the approval of such documents and amendments to such documents is carried out in in accordance with the Town 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 land use and development rules must be brought into line with the requirements of the Town Planning Code of the Russian Federation (as amended by this Federal Law) with regard to the establishment of territories within whose borders it is allowed to carry out activities for their integrated and sustainable development, and in relation to such territories of the calculated indicators of the minimum acceptable level of security corresponding x Onsite utilities, transport, social infrastructure and settlement of the maximum allowable level of territorial access to the specified objects to the public up to July 1, 2017.
8. Prior to bringing the land use and development rules in line with the requirements of the Town 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 the establishment of a city planning zoning map territories within whose boundaries it is envisaged to carry out activities for the integrated and sustainable development of territories.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
from___________________
ABOUT AMENDMENTS
TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
To approve the amendments that are introduced 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) who find themselves in a difficult financial situation, and increase the authorized capital of an open joint-stock company “Agency for Housing Mortgage Lending” (Collected Legislation of the Russian Federation, 2015, No. 17, Article 2567; No. 30, Article 4598; No. 50, Article 7179).
Prime Minister
Russian Federation
D.MEDVEDEV
Approved by
government decree
Russian Federation
from ____________________
CHANGES
WHICH ARE SUBMITTED IN THE RESOLUTION OF THE RUSSIAN GOVERNMENT
1. The decision:
a) supplement paragraph 3 (1) with a paragraph as follows:
"use the funds received in accordance with paragraph 2 of this resolution for the purpose of reimbursing lost profits or losses (part of them) to creditors (lenders) and mortgage agents established in accordance with the requirements of Federal Law No. 152-ФЗ dated November 11, 2003 “On Mortgage Securities”, which hold claim rights on mortgage housing loans (loans), restructured in accordance with the basic conditions for the implementation of the assistance program for individual categories to his family of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation. ”;
b) Clause 4 shall be declared null and void.
2. In the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans), who find themselves in a difficult financial situation:
a) in clause 6, the words “10 percent” shall be replaced by the words “20 percent”;
b) in paragraph 7:
subparagraph "a" shall be supplemented with a paragraph as follows:
“Citizens who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, and cadets.”;
the paragraph of the second subparagraph "b" and subparagraph "e" shall be repealed;
subparagraph "e" shall be stated as follows:
“E) the dwelling owned by the mortgagor by right of ownership is its only dwelling, including the dwelling, the right of claim for which arises from the contract for participation in shared construction, the mortgage of which is the guarantee of fulfillment of obligations under the loan agreement (loan agreement). At the same time, the aggregate share of the mortgagor and his family members in the right of ownership to 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 statement of the borrower in simple written form. The borrower is responsible for the inaccuracy of the information provided by him contained in the said application. ”
EXPLANATORY NOTE
to the draft resolution of the Government of the Russian Federation
“On Amendments to the Decree of the Government of the Russian Federation of April 20, 2015 No. 373”
The draft resolution of the Government of the Russian Federation “On Amending the Resolution of the Government of the Russian Federation of April 20, 2015 No. 373” (hereinafter - the draft resolution) was developed in accordance with paragraph 3 of the order 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 housing mortgage loans (loans) who find themselves in a difficult financial situation.
In accordance with the Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and increase the authorized capital of the Agency for Housing Mortgage Housing” lending ”(hereinafter - Resolution No. 373) the joint-stock company Agency for Housing Mortgage Lending (hereinafter - AHML) is allowed to use the funds received in accordance with In accordance with clause 2 of the said resolution, for the purpose of reimbursing lost or lost income (or part thereof) on mortgage housing loans (loans), claim rights for which were acquired by AHML, JSC and the restructuring of which was carried out in accordance with the approved terms and conditions of the assistance program. In order to provide the possibility of reimbursing the indicated lost income or loss to mortgage agents who have been transferred the claim for mortgage-backed obligations from loan agreements (loan agreements) in order to issue bonds with mortgage coverage, as well as to other lenders (lenders) for housing mortgage loans ( loans), it seems appropriate to supplement paragraph 3 (1) of Resolution No. 373 with a provision allowing the use of funds received in accordance with paragraph 2 of of the decree, for the purpose of reimbursing lost profits or losses (part of them) to creditors (lenders) and mortgage agents established in accordance with the requirements of the Federal Law of November 11, 2003 No. 152-ФЗ “On Mortgage Securities”, which hold claim rights for housing mortgage loans (loans) restructured in accordance with the main conditions for implementing the program of assistance to certain categories of borrowers for housing mortgage loans (loans), which were difficult st financial situation.
In order to bring it in accordance with the Decree of the Government of the Russian Federation of December 7, 2015 No. 1331 “On Amending the Decree of the Government of the Russian Federation of April 20, 2015 No. 373”, which provides for the exclusion of subparagraph “c” of paragraph 2 of the main conditions for the implementation of the program, it is proposed that paragraph 4 of Decree No. 373 be repealed.
In order to provide sufficient support to borrowers, 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) amount 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 principal debt from 1.5 million rubles to 1.35 million rubles. (by 10%) the amount of the monthly annuity payment of the borrower is reduced by 2000 rubles. Moreover, in the event that the borrower can receive a refund of 330 thousand rubles. (20% of the main debt on a mortgage loan), then the monthly payment will decrease by more than 3000 rubles.
Due to the significant number of applications from families experiencing difficulties in paying mortgages, dependent children who are adults who continue their education in educational institutions of secondary special and higher professional 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 dependent on children under the age of 24, is yuschiesya students of full-time students, graduate students, residents, interns, students, cadets.
The assistance program provides a requirement in the form of an estimate of the average monthly total income of the borrower's family, after deducting the monthly loan payment, which should not exceed twice the cost of living per family member of the borrower. This requirement is sufficient to assess the financial condition of the borrower's family and allows you to objectively decide on the need for financial support. In this regard, it is proposed to exclude the additional requirement stipulated by the second paragraph of subparagraph “b” of paragraph 7 of the main conditions for implementing the assistance program.
In addition, in order to expand the categories of citizens who can be supported by 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, regarding the validity of the loan agreement on the date of application for restructuring.
At present, the confirmation by the borrower that the mortgage pledged mortgage is the only residence and the total share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of these other residential premises is carried out by obtaining from the unified state register rights to real estate and transactions with it of information about the rights of an individual to the real estate objects owned by him.
In accordance with paragraph 2 of Article 7 of Federal Law of July 21, 1997 No. 122-ФЗ “On State Registration of Rights to Real Estate and Transactions therewith”, the provision of such information is carried out on a reimbursable basis (the cost of obtaining information in relation to one copyright holder - an individual is about 1,500.00 rubles.).
In this regard, it is proposed to provide for the possibility of confirmation by the borrower that the mortgage mortgage is the only residence and the total share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of these other residential premises, by providing the lender with an application 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 budget 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 and Housing and Communal Services of the Russian Federation.
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Program Performance Report 2014- 2015 years represented by the Director General
Report
… or regulations … 2015 In 2014– 2015 The use of the ePCT system, which since april2015 … 20 % (2) 20 % (3) 20 % (4) 20 % (5) 20 … changesincluding 14 373 … makingchanges …
Decree of the Government of the Russian Federation of April 20, 2015 N 373 ″ On the main
fromthe governmentRussianFederationWRO at the end 2015 …
Order of the Ministry of Internal Affairs of Russia from 02. 04. 2013 n 187 "on recognition as invalid the order of the Ministry of Internal Affairs of Russia from February 3, 2005 G. N 67 "Order of the Ministry of Internal Affairs of Russia from 02.04.2014 n 186
Document
… RUSSIANFEDERATIONS FOR THE PERIOD 2009- 2015 YEARS "ORDER OF THE RUSSIAN MIA from20 ... N 373 from 11/14/2006 "About ADDITIONCHANGES AT THE APPENDIX ... RESOLUTIONSGOVERNMENTRUSSIANFEDERATIONSFROM 5 APRIL 1997 N 397 "ORDER of the Ministry of Internal Affairs of the Russian Federation from 05/26/1998 N 309 "O ADDITIONCHANGES …
General introduction. This site contains health-related materials authored by Alexander Brusnev. The selection is: 3 books, mixed
Document
… making … regulations … 20 g, plantain leaves 20 … change lifestyle. "English educators are forbidden to flog and smoke children Government … from 08/27/99 No. 337 "On the nomenclature of specialties in healthcare institutions RussianFederation … april … 2015 …
In connection with 20 November 2013 "Day of legal ... regulatory legal acts in the territory RussianFederation, P
Document
... -32 "On acceptance regulationsGovernmentRussianFederationfrom 01/30/2013 N 65 "O makingchanges at regulationsGovernmentRussianFederationfrom 6 april 2004 N 154 and from 30 June …
Plant number 8, foreign guns (factories "Bolshevik", Hotchkiss, Maxim, "Rheinmetall" and others) were assigned their own factory indexes, and thus the Lender system
Document
… 12 (2438,373 ) Other defense ... april 1930 Nanking the government ... (Archive of foreign policy RussianFederation (WUA RF). F. ... madechanges how ... (1946) - 2015 people. (... Osinsky). Resolved: in changeregulations Politburo from20 January s g. (...
“Kabr-m and Printed and Thyder” (5)
Document
... CBD Parliament. ABOUT makingchanges at decree Parliament of the CBD from May 5, 1994 No. ... 1. RussianFederation. Government. On improving the system of vocational education in the Kabardino-Balkarian Republic: DecreeGovernment RF ...
Other similar documents ..
State assistance on mortgage loan restructuring is carried out as part of the implementation of the plan of priority measures to ensure the sustainable development of the economy and social stability in 2015, approved by order of the Government of the Russian Federation of January 27, 2015 No. 98-r, in accordance with 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 housing mortgage loans (loans) who find themselves in a difficult financial situation, and increase the authorized capital of an open joint-stock company "The Agency for Housing Mortgage Lending."
According to the amendments made by the Decree of the Government of the Russian Federation dated 11.08.2017 N 961 to “The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation” (hereinafter referred to as the Basic Terms) concluded loan agreement (contract loan) at the filing date of the application for restructuring must meet the following conditions at the same time:
- The borrower (joint debtors) is a citizen of the Russian Federation, belonging to one of the following categories:
- citizens with one or more minor children or who are the guardians (trustees) of one or more minor children;
- citizens who are disabled or have children with disabilities;
- citizens who are war veterans;
- citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjunct students, interns, trainee assistants, interns and full-time students;
In case of failure to comply with no more than two conditions, payment of compensation within the framework of the program is allowed in accordance with the decision of the interagency commission in the manner prescribed by the regulation on the interagency commission.
Restructuring of mortgage housing loans is carried out on an application basis by a credit institution that has provided a loan and is a pledge holder. The list of documents required to consider the issue of mortgage restructuring, the bank sets up independently.
The restructuring agreement must simultaneously provide for the following conditions:
- Change in the currency of a loan (loan) from foreign currency to Russian rubles at a rate not higher than the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
- Establishing a lending rate of no higher than 11.5% per annum (for loans (loans) denominated in foreign currency) or no higher than the rate applicable at the date of conclusion of the restructuring agreement (for loans (loans) denominated in Russian rubles);
- Decrease in monetary obligations of the borrower (joint debtors) in the amount of not less than the maximum amount of compensation established by the Main Conditions due to the lump-sum forgiveness of part of the loan (loan) amount and (or) change of the loan (loan) currency from foreign currency to Russian rubles at the rate below the exchange rate the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
- Exemption of the borrower (joint debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (joint debtors) and (or) recovered on the basis of a court decision that has entered into legal force.
The maximum amount of reimbursement for each restructured mortgage housing loan (loan) is 30% of the balance of the loan (loan) amount calculated at the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, with the exception of cases provided for in clause 7 of the General Conditions, in accordance with which, by decision of the interdepartmental commission, the maximum amount of compensation may be increased, but not more than 2 times.
Compensation under the program is carried out within the limits of the funds provided for the implementation of the program. Decree 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 housing loans (loans) who find themselves in a difficult financial situation" for the purpose of reimbursing losses (their part) to lenders (lenders) on housing mortgage loans (loans) allocated funds in the amount of 2 billion rubles.
If the borrower does not fit the basic conditions established by the Decree, it is nevertheless necessary to independently carry out preliminary calculations for possible restructuring options and apply to the bank with a written statement and supporting documents. To perform the calculations, it is convenient to use the Mortgage Calculator. It may be possible to agree on debt restructuring mechanisms, and get approval from the bank by resolving the difficult payment situation.
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In order to help mortgage borrowers who find themselves in a difficult financial situation, and at the same time to maintain a stable situation in the banking sector, the Government of the Russian Federation adopted Decree No. 373 on April 20, 2015, which defined the conditions and aspects of the assistance program for mortgage borrowers.
The essence of the Decree is that the state through AHML JSC provides financial support to certain categories of citizens who have taken a mortgage loan, restructuring their financial obligations to the creditor bank.
registration
Thus, the terms of mortgage payment will be facilitated for borrowers, and 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 for one yearis carried out in several ways:
- “Softening” the schedule of payments (including delayed repayment of debt and a decrease in the amount of monthly payments);
- write off part of the debt (to six hundred thousand rubles);
- recalculation of foreign currency loans in rubles;
- a decrease in the credit rate (it should be no more than twelve percent per annum of the loan amount).
According to this decision, the following categories of borrowers can count on the restructuring of mortgage debt:
- war veterans;
- disabled people, as well as parents or guardians of children with disabilities;
- parents or guardians who support two or more minor children;
- employees of defense industry enterprises, scientific and research-and-production organizations, health workers (working in state and municipal medical institutions), social workers, law enforcement officers and the Ministry of Emergencies.
The borrower and co-borrower (s) (if any) are to be citizens of the Russian Federation.
To restructure the loan, borrowers must provide documentary evidence of a decline in their income by thirty percent or more regarding income received at the time of the loan. In this case, the delay in payments on the mortgage must be at least one and no more four months, and the loan itself must be issued no later than 01.01.2015 .
Restructuring is subject to loans issued for overhaul, purchase or participation in shared construction the only borrower housing.
In addition to the requirements for citizen status and the purpose for which the loan was issued, requirements are also presented to the housing itself:
- it should be located on the territory of the Russian Federation;
- the area of \u200b\u200ba one-room apartment should not be more forty five square meters;
- the area of \u200b\u200ba two-room apartment should not be more sixty five square meters;
- the area of \u200b\u200ba three-room apartment should not be more eighty five square meters;
- price one square meter mortgage apartments 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 before applying for restructuring.
Large families are exempted from requirements on the area and cost of housing.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
from___________________
ABOUT AMENDMENTS
TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Russian Federation decides:
To approve the amendments that are introduced 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) who find themselves in a difficult financial situation, and increase the authorized capital of an open joint-stock company “Agency for Housing Mortgage Lending” (Collected Legislation of the Russian Federation, 2015, No. 17, Article 2567; No. 30, Article 4598; No. 50, Article 7179).
Prime Minister
Russian Federation
D.MEDVEDEV
Approved by
government decree
Russian Federation
from ____________________
CHANGES
WHICH ARE SUBMITTED IN THE RESOLUTION OF THE RUSSIAN GOVERNMENT
1. The decision:
a) supplement paragraph 3 (1) with a paragraph as follows:
"use the funds received in accordance with paragraph 2 of this resolution for the purpose of reimbursing lost profits or losses (part of them) to creditors (lenders) and mortgage agents established in accordance with the requirements of Federal Law No. 152-ФЗ dated November 11, 2003 “On Mortgage Securities”, which hold claim rights on mortgage housing loans (loans), restructured in accordance with the basic conditions for the implementation of the assistance program for individual categories to his family of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation. ”;
b) Clause 4 shall be declared null and void.
2. In the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans), who find themselves in a difficult financial situation:
a) in clause 6, the words “10 percent” shall be replaced by the words “20 percent”;
b) in paragraph 7:
subparagraph "a" shall be supplemented with a paragraph as follows:
“Citizens who are dependent on children under the age of 24 who are full-time students, graduate students, residents, interns, students, and cadets.”;
the paragraph of the second subparagraph "b" and subparagraph "e" shall be repealed;
subparagraph "e" shall be stated as follows:
“E) the dwelling owned by the mortgagor by right of ownership is its only dwelling, including the dwelling, the right of claim for which arises from the contract for participation in shared construction, the mortgage of which is the guarantee of fulfillment of obligations under the loan agreement (loan agreement). At the same time, the aggregate share of the mortgagor and his family members in the right of ownership to 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 statement of the borrower in simple written form. The borrower is responsible for the inaccuracy of the information provided by him contained in the said application. ”
EXPLANATORY NOTE
to the draft resolution of the Government of the Russian Federation
“On Amendments to the Decree of the Government of the Russian Federation of April 20, 2015 No. 373”
The draft resolution of the Government of the Russian Federation “On Amending the Resolution of the Government of the Russian Federation of April 20, 2015 No. 373” (hereinafter - the draft resolution) was developed in accordance with paragraph 3 of the order 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 housing mortgage loans (loans) who find themselves in a difficult financial situation.
In accordance with the Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and increase the authorized capital of the Agency for Housing Mortgage Housing” lending ”(hereinafter - Resolution No. 373) the joint-stock company Agency for Housing Mortgage Lending (hereinafter - AHML) is allowed to use the funds received in accordance with In accordance with clause 2 of the said resolution, for the purpose of reimbursing lost or lost income (or part thereof) on mortgage housing loans (loans), claim rights for which were acquired by AHML, JSC and the restructuring of which was carried out in accordance with the approved terms and conditions of the assistance program. In order to provide the possibility of reimbursing the indicated lost income or loss to mortgage agents who have been transferred the claim for mortgage-backed obligations from loan agreements (loan agreements) in order to issue bonds with mortgage coverage, as well as to other lenders (lenders) for housing mortgage loans ( loans), it seems appropriate to supplement paragraph 3 (1) of Resolution No. 373 with a provision allowing the use of funds received in accordance with paragraph 2 of of the decree, for the purpose of reimbursing lost profits or losses (part of them) to creditors (lenders) and mortgage agents established in accordance with the requirements of the Federal Law of November 11, 2003 No. 152-ФЗ “On Mortgage Securities”, which hold claim rights for housing mortgage loans (loans) restructured in accordance with the main conditions for implementing the program of assistance to certain categories of borrowers for housing mortgage loans (loans), which were difficult st financial situation.
In order to bring it in accordance with the Decree of the Government of the Russian Federation of December 7, 2015 No. 1331 “On Amending the Decree of the Government of the Russian Federation of April 20, 2015 No. 373”, which provides for the exclusion of subparagraph “c” of paragraph 2 of the main conditions for the implementation of the program, it is proposed that paragraph 4 of Decree No. 373 be repealed.
In order to provide sufficient support to borrowers, 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) amount 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 principal debt from 1.5 million rubles to 1.35 million rubles. (by 10%) the amount of the monthly annuity payment of the borrower is reduced by 2000 rubles. Moreover, in the event that the borrower can receive a refund of 330 thousand rubles. (20% of the main debt on a mortgage loan), then the monthly payment will decrease by more than 3000 rubles.
Due to the significant number of applications from families experiencing difficulties in paying mortgages, dependent children who are adults who continue their education in educational institutions of secondary special and higher professional 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 dependent on children under the age of 24, is yuschiesya students of full-time students, graduate students, residents, interns, students, cadets.
Our services
The assistance program provides a requirement in the form of an estimate of the average monthly total income of the borrower's family, after deducting the monthly loan payment, which should not exceed twice the cost of living per family member of the borrower. This requirement is sufficient to assess the financial condition of the borrower's family and allows you to objectively decide on the need for financial support. In this regard, it is proposed to exclude the additional requirement stipulated by the second paragraph of subparagraph “b” of paragraph 7 of the main conditions for implementing the assistance program.
In addition, in order to expand the categories of citizens who can be supported by 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, regarding the validity of the loan agreement on the date of application for restructuring.
At present, the confirmation by the borrower that the mortgage pledged mortgage is the only residence and the total share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of these other residential premises is carried out by obtaining from the unified state register rights to real estate and transactions with it of information about the rights of an individual to the real estate objects owned by him.
In accordance with paragraph 2 of Article 7 of Federal Law of July 21, 1997 No. 122-ФЗ “On State Registration of Rights to Real Estate and Transactions therewith”, the provision of such information is carried out on a reimbursable basis (the cost of obtaining information in relation to one copyright holder - an individual is about 1,500.00 rubles.).
In this regard, it is proposed to provide for the possibility of confirmation by the borrower that the mortgage mortgage is the only residence and the total share of the mortgagor and his family members in the ownership of other residential premises does not exceed 50% in each of these other residential premises, by providing the lender with an application 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 budget 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 and Housing and Communal Services of the Russian Federation.
/ projects / List / AdvancedSearch # npa \u003d 51315
Program Performance Report 2014- 2015 years represented by the Director General
Report
… or regulations … 2015 In 2014– 2015 The use of the ePCT system, which since april2015 … 20 % (2) 20 % (3) 20 % (4) 20 % (5) 20 … changesincluding 14 373 … makingchanges … fromthe governmentRussianFederationWRO at the end 2015 …
Order of the Ministry of Internal Affairs of Russia from 02. 04. 2013 n 187 "on recognition as invalid the order of the Ministry of Internal Affairs of Russia from February 3, 2005 G. N 67 "Order of the Ministry of Internal Affairs of Russia from 02.04.2014 n 186
Document
… RUSSIANFEDERATIONS FOR THE PERIOD 2009- 2015 YEARS "ORDER OF THE RUSSIAN MIA from20 ... N 373 from 11/14/2006 "About ADDITIONCHANGES AT THE APPENDIX ... RESOLUTIONSGOVERNMENTRUSSIANFEDERATIONSFROM 5 APRIL 1997 N 397 "ORDER of the Ministry of Internal Affairs of the Russian Federation from 05/26/1998 N 309 "O ADDITIONCHANGES …
General introduction. This site contains health-related materials authored by Alexander Brusnev. The selection is: 3 books, mixed
Document
… making … regulations … 20 g, plantain leaves 20 … change lifestyle. "English educators are forbidden to flog and smoke children Government … from 08/27/99 No. 337 "On the nomenclature of specialties in healthcare institutions RussianFederation … april … 2015 …
In connection with 20 November 2013 "Day of legal ... regulatory legal acts in the territory RussianFederation, P
Document
... -32 "On acceptance regulationsGovernmentRussianFederationfrom 01/30/2013 N 65 "O makingchanges at regulationsGovernmentRussianFederationfrom 6 april 2004 N 154 and from 30 June …
Plant number 8, foreign guns (factories "Bolshevik", Hotchkiss, Maxim, "Rheinmetall" and others) were assigned their own factory indexes, and thus the Lender system
Document
… 12 (2438,373 ) Other defense ... april 1930 Nanking the government ... (Archive of foreign policy RussianFederation (WUA RF). F. ... madechanges how ... (1946) - 2015 people. (... Osinsky). Resolved: in changeregulations Politburo from20 January s g. (...
“Kabr-m and Printed and Thyder” (5)
Document
... CBD Parliament. ABOUT makingchanges at decree Parliament of the CBD from May 5, 1994 No. ... 1. RussianFederation. Government. On improving the system of vocational education in the Kabardino-Balkarian Republic: DecreeGovernment RF ...
Other similar documents ..
Recently, in the Decree of the Government of the Russian Federation No. 373, which was aimed at supporting certain categories of citizens who have drawn up for themselves, changes have occurred.
But what exactly has changed? Who is eligible for debt restructuring? What to expect now?
Key Points
According to Decree of the Government of the Russian Federation No. 373, certain categories of citizens who live in the territory of the Russian Federation have the full, and most important, legal right to restructure loans in both domestic and foreign currencies.
TO main conditionsby which restructuring can be obtained include:
![](https://i2.wp.com/posobie-help.ru/wp-content/uploads/2017/02/postanovlenije_373_yslovija.jpg)
According to this legislative act in itself restructuring involves amending the validity of a previously signed loan agreement, namely:
- a significant reduction in the amount of required monthly payments for a period of up to 1 calendar year;
- a partial amount of the possible write-off of the body of debt itself;
- adjustment of the annual interest rate - according to the new agreement, it will be no more than 12%.
In the process of restructuring a mortgage loan for the lender banks themselves, there is a unique opportunity to regain a certain part of the lost profit in the period from 6 months to 1 calendar year. Moreover, one loan allows a maximum repayment of 10% of the current loan balance, but not more than 600 thousand rubles.
In addition, he authorized capital of AHML was additionally funded by the state in the amount of about 4.5 billion rubles. For this reason, it is safe to say that most families with financial difficulties will be able to receive tangible state support in this direction.
2016 innovations
In 2016, this decision was made some changes for certain categories of citizens of our country, who are in dire need of state support for mortgage lending.
Primarily was significantly return size increased for each individual mortgage loan (which is subject to restructuring). After the amendments are made, the percentage is no longer 10, but 20 percent, but at the same time the size in money terms has remained unchanged - no more than 600 thousand rubles.
Concerning categories of citizens, here, too, small changes occurred - the list was supplemented by those persons who have dependent citizens under the age of 24, who must be pupils, cadets / students, graduate students, adjutants or residents, as well as assistants or interns . Moreover, the form of training itself must necessarily be full-time.
The changes also affected themselves conditions for participation in a programme.
The key point in this matter is considered to be the exclusion of mandatory changes in the income of borrowers.
In this case we are talking about reducing monthly income (average) for the last 3 months that preceded the moment of submission of the corresponding application for restructuring. This refers to a decrease of more than 30% in comparison with the average income for the last 3 months that precede the signing of a mortgage agreement.
The same condition exists for the possible increase in mandatory monthly payments on the current mortgage loan, which was determined at the time of signing the agreement at the rate set by the Central Bank of the Russian Federation, but not less than 30%. In simple words, the payment should be increased by at least 30%.
Based on such changes, we can now say that only the average monthly income of the potential borrower’s family will be estimated, which, after deducting the mandatory payment on a mortgage loan, should not exceed more than 2 times the size. This rule applies to every member of the family.
In addition, it is also necessary to pay attention to the fact that now, under the new conditions, the current agreement on mortgage loans should not end within 12 months at the time of preparation of the application for restructuring. In simple words, a mortgage agreement must be valid for at least another 1 year.
Who can count on help
The Government of the Russian Federation in its Resolution is ready in every possible way to provide the necessary assistance to citizens who fall into certain categories.
In particular, take part in the restructuring program citizens have every rightwhich:
![](https://i2.wp.com/posobie-help.ru/wp-content/uploads/2017/02/postanovlenije_373_kto.jpg)
All other citizens who do not fall into these categories can apply exclusively on a common basis. As for the requirements, we considered them above.
If we talk about direct residential property requirements, then they are as follows:
- collateral property should be the only housing. In this case, 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 footage of residential real estate should be: not more than 45 square meters. meters for a studio apartment, 65 square meters. meters - for a two-room, 85 square meters. meters - for three-room and more.
Moreover, such requirements may be ignored if the mortgagor has three or more minor children.
Restructuring Procedure Description
According to Government Decision No. 373, today there are several alternative ways to assist borrowers who find themselves in financial difficulties.
In particular, we are talking about such options, as:
- all foreign loans are converted into domestic currency at the current exchange rate from the Central Bank of the Russian Federation;
- the annual interest rate for 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 payment amount is significantly reduced (by about 50%) for a period of up to 1.5 years. In addition, the amount that appears to be underpaid will be carried forward to subsequent periods;
- all financial obligations of borrowers are reduced by 20% of the remaining debt, but not more than 600 thousand rubles in cash;
- banking institutions do not have the right to withdraw payment from borrowers for clearance restructuring.
It is necessary to understand that the very choice of the method of restructuring directly depends on the conditions of the current agreement on a mortgage loan, its validity period and so on. At the same time, lenders are strictly forbidden to charge various penalties to borrowers, delays and so on.
Which banks work on this program?
To date, many banking institutions that operate in the Russian Federation have already joined the state program of assistance for mortgage loans.
It is financial institutions that make decisions that directly relate to the revision of the conditions of an existing mortgage loan and in most cases make a positive decision, but there are also cases of refusal.
The main banking institutionswho are popular in this area are considered:
![](https://i1.wp.com/posobie-help.ru/wp-content/uploads/2017/02/postanovlenije_373_banki.jpg)
If, for any reason, the banking institution refused to change the terms of the loan under the state program, the borrower has the full right to apply to another financial institution.
Validity
It was originally planned that the program will continue until the end of 2016. However, already at the end of December it became known that the Government of the Russian Federation extended the program until March 1, 2017.
However, according to officials, this is not yet final and, in all likelihood, it will be possible to say that the program will be implemented for the whole of 2017.
This is largely due to the difficult economic situation in the country, when due to the action of sanctions from the West, many industries are forced to reduce the number of their workers, thereby jeopardizing their normal existence.
This government support for citizens who cannot cope with the payment of mortgage payments is described in the following video:
Welcome to the pages of the online magazine "Mortgage specialist. RU". Today we will talk about what is a program to help mortgage borrowers and how exactly you can get help in paying off a mortgage from the state in 2020.
Today you will learn:
- What is a program to help certain categories of mortgage borrowers?
- How to get help in repaying a mortgage from the state?
- Feedback received by the state in the payment of mortgages.
So go ahead!
Mortgage has become one of the effective tools for solving the housing problem in Russia. Yes, she has a number of minuses and pluses, 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 crisis in the economy, the state had to provide support to mortgage borrowers in a difficult financial situation. In April 2015, the corresponding 373 Decree of the Government of the Russian Federation of April 20, 2015, signed by D.A. Medvedev. The operator of the implementation of this project was JSC Agency for Housing Mortgage Lending.
Initially, this resolution provided for the duration of the assistance program until the end of 2016, but it was repeatedly amended and supplemented. To date, according to the latest amendments to 373 Government Decisions dated 11.24.2016, assistance to mortgage borrowers (mortgage restructuring) is 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 was 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 to resume the program. 08/11/2017 new conditions for participation in the program of assistance to mortgage borrowers - which you will learn about from this post) are released 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 not more than 1,500,000 rubles.
- By agreement of the borrower and the bank, you can choose the format of assistance, namely, either send the entire amount of assistance to the mortgage to pay off the main debt and thereby reduce the monthly payment, or to reduce the monthly payment by 50% or more for up to 1.5 years.
- Replacing a currency mortgage with a ruble. Moreover, the mortgage rate cannot be higher than 11.5% per annum. For ruble mortgages not higher than the current rate in the bank, with the exception of cases provided for by the mortgage agreement, in case of violation of 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 not more than in two points.
Example: If a family has a mortgage balance at the time of restructuring is 2 million rubles and, after checking the AHML documents, the lender decided to write off the debt in the amount of 20% of the balance of the main debt, then with a mortgage of 12% per annum with a remaining balance of 10 years payment to decrease from the planned 28694 rubles. per month up to 22955. Profit 5739 rubles.
There is an opinion that very often banks refuse to carry out restructuring of mortgages, but in fact this procedure is very beneficial for them because losses incurred by the bank (unearned interest income) due to early repayment are compensated by the state.
Changes in the assistance program for mortgage borrowers dated February 10, 2017 suggest that the maximum repayment 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 (child is disabled), and war veterans may also qualify. With one child, you can claim only 20%. The changes of August 10, 2017 allow to double the maximum payout by decision of a special interagency commission. Also, a mortgage loan must be issued no earlier than 12 months before the date of application for restructuring.
After analyzing the negative reviews on the payment of mortgages with the help of the state, our experts came to the conclusion that most often the basis for the refusal is inaccurate information provided by the borrower and not knowledge of the basic requirements and conditions of state support. Let's talk about them now.
An important point! The acceptance of documents under the Program has been suspended since 12/02/2018 and the program is no longer working.
Who can get support from the state
Government Decision No. 373 as amended on 11/24/2016 provides the following list of people whom the state can help pay a mortgage payment:
- Citizens of the Russian Federation with 1 or more minor children;
- Guardians (Trustees) of 1 or more minor children;
- Combatants;
- People with disabilities or families with children with disabilities;
- Citizens with dependent children under 24 years of age who are studying full-time in an educational institution.
Mortgage Requirements
In order to receive assistance from the state, a mortgage pledged apartment must comply with these characteristics:
- It should not exceed the total area for odnushki - 45 sq.m., for an apartment with two rooms - 65 sq.m. and for treshki and more - 85 sq.m.
- The cost of 1 sq.m. the total housing area does not exceed 60% of the average cost of a typical apartment in your region at the date of the loan agreement (according to the Federal State Statistics Service).
- Dwelling should be the only one for the borrower on a mortgage. At the same time, it is allowed to have a total share of ownership of all family members of not more than 50% in one other residential building. Countdown on the availability of property is from 04/30/2015. Those. It’s not possible to quickly rewrite / donate “excess” real estate in order to become a participant.
An important point! The requirement for the total area of \u200b\u200bmortgage housing and the cost per square meter does not apply to families with 3 or more minor children. If you have property in other housing more than 50%, then you will be refused according to the program, but you can transfer it to relatives and then everything will be ok. To do this quickly and without problems, we recommend that you sign up for a free consultation with our lawyer (special offer until 12/31/2020) in a special form in the corner. From August 11, 2017, disputes over square meters and deviations in the program should be resolved by a special interdepartmental commission, which will be created in September.
Mortgage Borrower Requirements
- Russian citizenship
- Your income is lower than two living wages in your place of residence for each person in the family, if you take away your monthly mortgage payment from it. Three full last months are analyzed. In this case, the payment on the mortgage should grow by at least 30% of the initial payment.
Those. This program is suitable only for foreign currency mortgages and those borrowers with a floating rate. For ordinary mortgage borrowers, it is impossible for the current payment to be 30% higher than the initial payment. But when the interdepartmental commission works, it will be possible to submit an application there for consideration since up to 2 deviations from the conditions are allowed. Deviation to increase monthly payment including.
If you have a co-borrower in your mortgage and have a share in the property in this apartment, then he is obliged to provide a full package of documents both on his own and on his family members.
Now answer these questions. If for one of them you have received the answer “NO”, then you will not be able to apply for the support program for mortgage borrowers in 2020.
- Do you have minor children or are you a guardian of such children?
- Mortgage purchased in Russia?
- All mortgage borrowers are citizens of the Russian Federation?
- After deducting the mortgage payment, is the income for each member of your family less than two living wages in your area?
- Has your payment increased by 30% from the original schedule?
- Mortgage framed for the purchase of finished or housing in a construction site?
- The total area of \u200b\u200bhousing is less than 45 sq.m for odnushka, 65 sq.m. for two and 85 sq.m. for treshki and above (except for families with 3 or more children).
- The cost of 1 sq.m. no more than 60% of the average cost per square in a typical apartment in your region?
If you have all the answers “Yes”, then you can get support from the state in paying off mortgage loans.
How to get government support
Now you already know that you can count on support from the state in paying off the mortgage. Now it remains to learn how to get it.
First of all, you need to contact the bank where you received the mortgage. Almost all major banks participate in this program of assistance for mortgage borrowers. The full list can be downloaded.
As a rule, the department dealing with overdue debts deals with this issue. Just call the contact center of your bank and find out where it is located.
The bank will give you a list of documents for state support on the mortgage. A sample list is presented below:
- Application form with the obligatory indication of the reason for assisting you by the state (income reduction, reduction, decree, etc.).
- Passports, birth certificates of minors of all family members.
- Marriage certificate (if marriage is registered).
- Certificate of divorce, change of name, parents and children, the agreement of the parents on the residence of the child with one of the parents (if required).
- Decision of guardianship authorities or court ruling 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 persons under the age of 24 years who are dependent.
- Certificate of family composition to confirm the residence of a dependent up to 24 years with the borrower / co-borrower.
- A certificate from an educational institution stating that a child under the age of 24 who is dependent on a borrower / co-borrower is studying full-time.
- Notification from the Pension Fund that a person under 24 years of age who is dependent does not have independent labor income.
- A certified copy of the borrower's / co-borrower workbook.
- Official certificate of employment (for military or law enforcement officials).
- Certificate of registration of individual entrepreneurs (for individual entrepreneurs).
- Order of the Ministry of Justice of Russia on appointment as a notary (for notaries).
- An employment record and / or an expired employment contract for the unemployed.
- Document on registration with the employment service (for non-working).
- Notification of the pension fund on the status of the personal account of the insured person (for all).
- Certificate from the FSS of the Russian Federation on income for temporary disability, benefits and other payments.
- Certificate of income in form 2 of personal income tax or in the form of a bank from all family members.
- Bank statement on the total amount of family income (provided by the bank).
- Tax returns, patents, etc.
- Certificate of pension for pensioners.
- Loan agreement
- Mortgage (if issued, then it is in the bank).
- A statement from borrowers that they have real estate in Russia.
- Share agreement (for a mortgage for a new building).
- Mortgage collateral assessment agreement.
- Technical / cadastral passport for residential premises.
- Mortgage payment schedule.
The list is quite impressive and will make you run a little, but it's worth it. The only moment is quite complicated - extracts from the USRN. They cost money. One extract on property rights throughout Russia is 1,500 rubles per person and no one will return them to you upon refusal. There were a lot of complaints about this last time. On August 11, 2017, the requirement for an extract from the USRN was canceled. The bank is not entitled to demand it. AHML independently requests it.
After a complete list of documents has been submitted to the bank, the responsible officer must forward them to AHML for verification. On average, it lasts 30 days, but feedback from participants suggests that it can reach up to six months as well. Bank and AHML request additional documents at their 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, a new CPM document, conclude a restructuring agreement (additional agreement to the mortgage agreement), an agreement on changes in the conditions of the mortgage. Next, you will need to wait from 2 to 4 weeks when a mortgage will be requested from the bank's archive. After this, it is necessary, together with a full package of loan documents and an agreement on changes in the conditions of the mortgage (make sure to make copies) to visit justice for state registration of changes.
The process at Gazprombank is going the same way. At VTB 24, they close their mortgage and give out a new loan for a smaller amount, which means that you again have the cost of paying for insurance and valuation.
Mortgage restructuring fees are not provided. Carrying out this procedure does not exempt you from paying the monthly payment and insurance premiums stipulated by the contract.