How to extinguish a mortgage with maternity capital in a savings bank. Repayment of the mortgage by the parent capital

How to pay off a mortgage with parent capital - a very frequently arising question, because today more and more families are trying to take advantage of the opportunity to direct maternity capital to acquire ownership of residential real estate. Below we will consider all the subtleties of the procedure for depositing maternity capital in payment of a mortgage loan.

Mortgage using maternity capital

Maternity capital is a way of state support for families with 2 or more children, as well as measures aimed at improving the demographic situation in the country. Due to the fact that the program is aimed at strengthening and improving the quality of life of families, the possible ways of using the money allocated by the state are limited.

So, you can use maternity capital as follows:

1. To pay for the education of any of the children in the family.
2. Transfer to the Pension Fund in order to increase the mother's future pension.
3. Purchase or construction of your own home.
4. Purchase of funds and payment for rehabilitation services and household adaptation of disabled children.

It is not hard to guess that the third method is in greater demand. So, maternity capital can be used to purchase a dwelling by direct purchase of real estate or a home loan (mortgage). In this case, in the case of a mortgage, the maternity capital can be directed towards the amount of the first installment or to pay for an existing loan (mortgage). At the same time, there is no need to wait until the baby grows up and reaches the age of 3 years - you can use maternal capital without problems immediately after receiving it.

It is important to note that the law provides for the possibility of disposing of funds only in a non-cash way. This was established in order to control the intended use of the allocated funds. So if you decide to use the family capital, then get ready to write an application to the Pension Fund of Russia.

Although there may be an exception to the rule on non-cash allocation of funds. For example, if a family builds a dwelling house on their own, then even before the start of construction, you can get half of the capital to a bank account. To obtain the second part, you must apply (not earlier than the next six months from the date of receipt of the first part of the funds) to the Pension Fund with an application and documents confirming the cost of the work performed (contracts with contractors, acts of work performed, for example, pouring the foundation or erecting other parts of the building ).

How and where to get a certificate?

In order to dispose of the maternity capital at your own discretion, you must obtain a certificate. To obtain a certificate for maternal (family) capital, you will need to apply to the Pension Fund of Russia, having done this at any time after the corresponding right arises (birth of a child or his adoption). You need to have the following documents with you:

• passport of a citizen of the Russian Federation or a foreign citizen with a mark on the registration of the person;
• birth certificate of a child (for foreign citizens this may be another document, for example, a certificate confirming that the baby is a citizen of the Russian Federation);
• other documents depending on the specifics of the situation: power of attorney (if a representative applies), decision on adoption, mother's death certificate, court decision on recognizing the mother as dead or depriving her of parental rights, etc.

In addition, the applicant will need to write an application for granting him a certificate for maternity capital. The application will be considered within a month, after which the Pension Fund will make a decision to provide a certificate or refuse to provide it.

In case of loss, damage, destruction of the certificate, as well as when the data of its owner (passport data, name) changes, the citizen has the right to apply to the Pension Fund for a duplicate.

By the way, the certificate has no expiration date and can be used by the mother or the adoptive parent throughout their life, and in the event of their death, another spouse or adoptive parent or child up to the age of 23 can use this document.

Payment of the mortgage by the parent capital

Don't know your rights?

Reasons for the refusal of the Pension Fund to pay the mortgage

So, if you already have a mortgage, then, as we mentioned above, you have the right to use the entire amount of maternity capital immediately after the certificate is handed over to you. The best way to do this is to follow the step-by-step instructions below.

1. The first thing to do is to contact the bank that issued you a home loan or mortgage and ask for a certificate of the balance of the principal amount of the debt, as well as the amount of interest on such a loan. In addition, the bank can also issue documents of title to the apartment (certificate of ownership, purchase and sale agreement), which you purchased on bail. As a rule, banks usually do not prevent borrowers from obtaining such securities, but possible delays cannot be ruled out.

2. Apply to the Pension Fund and apply for the transfer of maternity (family) capital in payment of the mortgage loan (the required form will be issued at the Pension Fund office free of charge). At the same time, you will need to submit a set of documents:

• Passport of a citizen of the Russian Federation or a foreign citizen, if the law gives him the right to receive maternity capital, as well as documents confirming the place of residence of the applicant.
• Certificate for obtaining maternity capital.
• Documents confirming the existence of a debt obligation and its size: a credit (mortgage) agreement, a bank statement on the amount of the debt.
• Documents confirming the right to residential premises: a certificate of ownership of real estate acquired with the involvement of the lender's funds, as well as an extract from the house book and personal account number.
• A statement from the applicant that after paying the full cost of residential real estate, he undertakes to register it in common shared ownership with all family members (spouse, children). Such a statement must be certified by a notary.
• If under the mortgage agreement there is also a co-borrower (for example, a spouse), copies of his identity documents, confirming citizenship and determining the place of residence, as well as a document confirming kinship (marriage certificate) are also required.

After all these documents are handed over to the registrar, it is necessary to receive a receipt from him, which will confirm the fact of receipt of the papers and the date of their submission. The term for consideration of your appeal cannot exceed 1 month.

3. Once the Pension Fund makes a decision, you will be notified. If the decision is positive, all that remains is to contact the bank. By the way, the funds from the Pension Fund will be transferred to the bank account under the loan in 2 months.

4. If the transferred amount of maternity capital fully covers the residual payment, you need to contact your creditor for a certificate of payment of the debt and the absence of claims against you. If the debt is partially closed, you get the right to recalculate the monthly payment or reduce the term of the home loan (mortgage), provided that the original amount of contributions is preserved. In order to determine how you will settle with the bank further, you need to contact the lender with a corresponding statement. In any case, you must be provided with a new payment schedule.

What about the bank?

If the bank refuses to accept maternity capital on account of a mortgage, feel free to defend your right. The current legislation obliges absolutely all banking structures operating on the territory of our state to accept maternity capital as payment for a mortgage loan. The only difference can be in what part of the debt the borrower will pay off. This is already determined by the bank.

So, some financial institutions allow their borrowers to use maternity capital as a down payment. Others direct funds to reduce the amount of the principal debt (the most successful option, since interest will be charged on the remaining amount of the debt, which will significantly reduce the overpayment), and still others, at the expense of maternity capital, cover the amount of interest on the loan.

Please note that family capital cannot be used to pay off fines, penalties or other financial penalties for a mortgage loan.

By the way!

In addition to federal maternity capital, many regions introduce their own payments, which are usually provided after the birth of the third baby. The possibilities for using these funds are wider, in particular, the mother can receive monthly cash payments of a set amount, or the family can purchase a vehicle.

At the same time, regional programs to increase the birth rate may not only not be inferior to the federal ones, but even surpass them in generosity. The payments range from 100,000 to half a million rubles. And in some regions, special programs have even been developed that guarantee the full repayment of the mortgage loan after the birth of 3 children.

So, before you go to the Pension Fund, it is better to first find out what programs exist in your region - at least in order not to do 2 things, but to issue all the required benefits and payments at the same time. As a result, the housing issue will be resolved even faster.

A large amount of information on these issues is contained on the website of the Pension Fund of the Russian Federation, as well as on the websites of regional authorities of the constituent entities of the Federation.

Recently, many government programs have been adopted in Russia to help various categories of citizens in the acquisition of housing, including with the help of a mortgage. One of the types of such assistance is a program to support families in which 2 children were born (maternity capital). In this article, we will talk about whether it is possible to repay the mortgage by the parent capital, and how to do it in 2019.

Maternal (family) capital is one of the measures of state support for families who have two or more children. As of 2019, the size of the capital mat is 453,026 rubles.

The funds allocated under the program can be used for strictly defined purposes stipulated by law. Most holders of such certificates have a question: is it possible to pay off a mortgage using maternity capital? Yes, the law allows the funds allocated under this program to be invested in the repayment of an existing mortgage.

In more detail, in the framework of mortgage lending, the parent certificate can be used in 3 ways:

1. As the first installment on a mortgage.
2. To pay off interest or principal.
3. To pay off the balance of the mortgage debt.

As practice shows, most families who have received such a certificate prefer to use it for partial or full repayment of an existing mortgage. In some cases, this is due to the time frame after which the right to sell the maternity capital arises. So, by virtue of the rules established by law, the maternal certificate can be sent for permitted purposes only after the youngest of the children is 3 years old.

The exception is mortgage loans. When the current mortgage is repaid, the family can write an application for the disposal of the mat capital immediately after receiving it, without waiting for the 3rd birthday of the youngest child.

Particular attention should be paid to the fact that the law allows you to split the entire amount of the certificate into different directions. For example, a family can pay off a mortgage debt in the amount of 200,000 rubles, and leave the remaining 253,026 rubles for education for children, or vice versa.

A complete list of documents for the repayment of the mortgage by the parent capital

What documents are needed to pay off the mortgage by the parent capital? This question is asked by everyone who decided to transfer the funds of the certificate to the account of a valid mortgage loan.

Initially, we go to the bank, find out about the possibility and terms of repayment, take a certificate of the remaining amount of the principal debt and interest on the current mortgage.

Pension fund documents

The following documents are provided for the Pension Fund:

1. Statement of willingness to dispose of the certificate. The fund will give you a form for such an application-order.
2. The passport of the person who received the certificate. If a spouse participated in the transaction - the spouse's passport. If you have a temporary registration, you will need separate certificates from the Federal Migration Service in accordance with Form No. 3.
3. The certificate itself (if lost, a duplicate certificate).
4. Marriage registration certificate.
5. Mortgage agreement.
6. Certificate of the balance of the principal debt and the amount of interest on the mortgage (which we took from the bank).
7. Certificate of ownership of the purchased housing. When buying real estate later than summer 2016 - an extract of ownership from Rosreestr. If the house has not yet been put into operation, we bring to the Pension Fund of the Russian Federation a shared construction agreement registered with Rosreestr or a copy of a house construction permit.
8. A document from the bank confirming the fact of obtaining a loan by wire transfer.
9. A notarized obligation, by virtue of which, after the full repayment of the home loan, the spouses will need to allocate shares in the purchased apartment to all children.

An example of filling out an application for the disposal of a mate cap is given below. You can download it at this link.

Bank documents

Next, we are waiting for a letter on the adoption of a positive decision, we take a certificate from the Pension Fund about the balance of money on the parent certificate and go to the bank to write an application for full or partial early repayment of the mortgage with the mother capital.

This application must be accompanied by:

1. Passport.
2. Certificate for mother capital.
3. A certificate of the balance of funds on the maternal certificate (which was previously taken from the FIU).

Step-by-step instructions for investing mat capital in a mortgage

To close a mortgage with a capital mat, you must not only fulfill all the requirements of the Pension Fund, but also the conditions of the bank in which you have a valid mortgage loan. So, for example, when contacting a bank in order to early pay a mortgage with a parent certificate, you will need not only to write an application, but also to attach documents confirming the right to dispose of mat capital (certificate, certificate from the FIU about the balance of funds on it).

Before applying to your existing lender, make sure that your mortgage agreement does not include provisions for penalties and fees for partial or full early repayment of the mortgage.

Usually, with the early repayment of part of the debt with a parent certificate, you can either shorten the term of the mortgage or reduce the monthly payment. But some banks may impose a ban on shortening the term. In this case, the borrower has no choice.

Consider the step-by-step instructions for depositing capital mat into a mortgage account:

1. Visit to the bank where the mortgage loan was issued. Initially, it is worth visiting your bank, and find out in detail: what conditions it sets, whether there are any commissions for early repayment. At the same time we take a certificate on the balance of the debt and interest on it.
2. If everything suits you, we begin collecting documents for the Pension Fund of the Russian Federation. We spoke about the required package of documents just above.
3. We go to the pension fund to submit documents. To save time on the PFR website in the "Electronic Services" section, you can get a coupon and arrive at a certain time.
4. We check whether all the documents are in place and, according to the issued sample, we fill out an application for the disposal of maternity capital funds. In such a statement, we must indicate that we want to pay off the mortgage earlier than the due date (in whole or in part) with a family certificate, as well as the amount you need.
5. After the documents are accepted by the FIU, you will be given a receipt stating that the documents have been accepted. It remains only to wait for the decision, about which you will be notified in writing.
6. If a decision is made in your favor, you will need to go to the pension fund again and take a notice of how much money you have left on the maternity certificate. For its registration you will need the certificate itself and the passport. Please note that the certificate is issued within 3 days.
7. Next, we collect a package of documents for the bank (see above) and go to fill out an application for early repayment. We indicate in the application:

• what we want to shorten (payment or term);
• how much we will contribute;
• the fact of repayment of the mortgage mat capital;

1. We are waiting for the transfer of money from the FIU to the bank.
2. After the money is received by the bank, we go there and get a new schedule of monthly payments (if there was a partial repayment), or we take a certificate that the debt has been repaid.

If the mortgage was repaid in full with the help of the capital mat, then in addition to the certificate, do not forget to take the mortgage with the bank's mark at the bank. Next, we take a passport, a certificate of ownership of real estate, a mortgage, and go to Rosreestr to remove the encumbrance.

Within 3 days after the submission of the documents, you will be able to receive an extract from Rosreestr on the presence of your property on housing without collateral. This type of registration action is not subject to state duty.

Do not forget about the obligation to allocate shares to children. After the bail is withdrawn, the parents, by drawing up a gift or by mutual agreement, determine and register the shares of each of the children in Rosreestr. This must be done within six months after the transfer of funds to the bank. We do not forget to notify the FIU about the fact of allocation of shares.

Terms of transfer of maternity capital money to repay the mortgage

For consideration of an application for the use of capital mat, the pension fund is assigned one month. More 10 working days put on the transfer of money to the bank. In total, the whole procedure takes about 40 days.

Electronic submission of an application for order

An application for the disposal of maternity capital funds can be submitted via the Internet at gosuslugi.ru. Let's take a look at the whole process.

1. Go to the Gosuslugi.ru website and open the "Services" section.

3. We select "Consideration of an application ... ..for improving housing conditions."

4. We fill in the data and submit an application.

We fill in the data of the passport, SNILS, an application in electronic form, we indicate the data of the documents for sending funds to the capital mat (the list of documents is indicated when filling out). The originals of the documents must be submitted to the MFC or the FIU on the specified date, which you will learn about after filling out the application on the website.

If the mortgage in Sberbank

Clients who took out a mortgage loan under one of the programs operating in this bank can contribute maternity capital to repay the mortgage in Sberbank:

1. Buying ready-made housing;
2. Purchase of housing under construction.

At the same time, you can pay off both an existing home loan and issue a new one with a certificate in the form of a first installment. If the certificate is used as an initial payment, then a prerequisite of the bank is the transfer of funds to the client's account within six months from the date of the loan. Otherwise, the payment of the mortgage loan is carried out according to the scheme that we talked about above.

What to direct the mat capital to - to pay interest or principal?

Early repayment of the mortgage with capital is always associated with either a decrease in interest or a decrease in the amount of the principal debt. Your benefit will directly depend on the type of monthly payments and the remaining term of mortgage payments. So, for example, with annuity payments, you pay interest mainly to the bank for the first half of the term, and the amount of the remaining debt in the second half.

Pay particular attention to the importance of writing an early repayment statement. Only on the basis of this document, either the amount of the payment or the term for the loan will be recalculated (depending on what is indicated in the application).

Why can they refuse and what to do in this case?

Sometimes the bank or pension fund refuses to repay the mortgage with a certificate for mat capital. Let's take a closer look at the reasons why they are not allowed to use family capital and how to get out of this situation.

The reasons for the refusal of the FIU to early repayment of the mortgage with capital funds may be as follows:

1. Termination of the right to realize family capital (deprivation of parental rights, cancellation of adoption, committing a criminal offense against the child's personality). Unfortunately, in such a situation, it will be quite difficult to do anything. The very reason why the parents were deprived of the right to the family certificate must be challenged in court.
2. Submission to the FIU of inaccurate information or documents with errors. Everything is much simpler here. The reason for the refusal may be an inaccuracy in the application, errors in the documents, the absence of the necessary stamps on them. You just need to find out the specific reason for the refusal and, after correcting the errors, re-submit the required documentation package.
3. Inconsistency of housing with the requirements of the pension fund.
4. In addition to the parents who own the certificate, the owners of the acquired housing are other persons or relatives.

If you do not agree with the refusal to transfer the allocated funds to the bank, you have the opportunity to appeal the decision of the FIU to a higher authority or court.

In banking organizations, in most cases, refusals are found only if there are errors and inaccuracies in the documents, because by law all banks are obliged to accept mat capital as a way of full or partial early repayment of a mortgage, unless this contradicts the legislation of the Russian Federation and does not violate the rights of citizens.

In recent years, not only clarifying acts have appeared, but also judicial practice regarding the use of capital mat in a mortgage. All this together allows us to solve controversial issues and difficulties. Banks have also become more loyal to customers. They not only regularly improve the conditions for mortgage products, but also help borrowers to correctly draw up and submit all documents, make the necessary explanations.

Recently, it has become more and more difficult to acquire housing without any debts. To this end, young families take out mortgage loans, hoping to then pay them off with the help of state support, namely maternity capital. The subtleties and difficulties of this procedure will be discussed.

How to pay off a mortgage using maternity capital

Let's first figure out what both of these concepts involve.

A mortgage is a loan for the purchase of housing, in which this housing is pledged. Usually, such loans are issued for a long term, they have lower interest rates, but higher requirements: the length of service of the borrower, salary, down payment, etc. Also, the bank must evaluate the apartment in order to understand how adequate the requested amount is. The borrower is undoubtedly the rightful owner of real estate, he can live in it, register anyone, make repairs, but cannot sell and exchange without the permission of the bank.

Maternity capital (at the moment it is just over 420 thousand rubles) is issued once in the name of the mother after the birth of the second (third, etc.) child, if he was born after 2007. This money can be used to improve the living conditions of the child. It is for his protection and support that this capital was created. The mother cannot invest the specified amount in someone else's apartment, donate, invest in repairs or divide in case of divorce. You can buy with this money only the apartment in which the share of the child and all other family members is officially allocated.

Now, regarding how to take out a mortgage and pay off the parent capital. Not all banks like to work with mother capital. Because this money is mythical for them, nonexistent at the moment. This is just a type of government support. But this does not apply to all banks. Many of them are always ready to help and are happy to meet halfway.

Often women are interested in whether it is possible to pay off the husband's mortgage with maternity capital, for whom a loan agreement should be drawn up? Anyone, if that anyone is a family member. Husband, wife, or both - it doesn't matter. However, it is important that all family members are the owners of the apartment. If you apply for a loan for one family member, he must sign a document in which he undertakes to allocate shares to the rest within a certain time after buying a home.

When can you pay off the mortgage with parent capital

So, this is the case when the loan was taken before the birth of the second (or third, fourth, any) child, thanks to which you received the certificate. Previously, there was a ban, according to which the terms for taking out a loan (after 2010) were set. Now there are no restrictions. Whenever you become a borrower, matkapital can be used to repay the loan. At the same time, the bank has no right to refuse you.

Many people believe that money can be used only after the prescribed 3 years. This is true, but in case of early repayment it does not matter. It does not matter how old the child is, as soon as you have received the certificate in hand, you can use it for this purpose. Consider the algorithm for your actions.

• After the certificate is officially received, you collect the documents in your bank, which will be indicated below, and go with them and with all copies to the Pension Fund (now you can register there in advance by phone so as not to stand in line with a small child).
• There you apply for the disposal of capital. For about a month, the foundation will consider your application, check the documents, and then give an answer. If it is positive, the entire amount will be credited to the bank's account within 2 months after the approval of the decision.
• Then you go to the place of obtaining a loan and there you submit an application that the debt has been repaid, you receive documents on recalculation.
• The same should be done if you are interested in how to pay off part of the mortgage with the parent capital. The remaining amount will be recalculated and issued with papers.
• Remember that you can "close" only the body of the loan (principal debt) or interest that is charged on top of it. No fines and penalties can be paid with this money.

How to pay off a mortgage with maternity capital in Sberbank: documents

The list of required documents in all banks is approximately the same. More often, people still prefer to contact Sberbank, so let's talk about what documents it will require.

All papers are carefully checked. In case of any mistake, everything will go back, you will have to go to the Pension Fund again. Therefore, check everything in advance: all names, dates, stamps. Employees of the Pension Fund and Sberbank will certainly help you, but be careful yourself too: do not confuse surnames, signatures before and after marriage, etc.

Take all the originals with 2-3 copies at once, so that later you do not have to run and copy something.

• Husband and wife passports, birth certificates of all children. Make copies of the main page of the passport and registration be sure.
• Capital certificate. Original and copy are required. Sometimes they may ask for a certificate of the current account status to make sure that you have not spent any funds. But this is requested from the very same Pension Fund. Therefore, if necessary, you do not need to go anywhere.

• SNILS. Take everything to all family members with copies.
• Take all the contracts that the bank issued to you when receiving a loan. Even if it seems to you that this paper is not needed, take it. It's good if you kept all these papers together. Copy everything that is.
• Before you go to the Pension Fund, take a certificate from the person who gave you the loan (his surname, name, patronymic are indicated in the contract). Go to him and ask for a certificate that should indicate how much your debt is at the moment, with seals and signatures.
• There you take an extract from your personal account. It is usually not required to copy it, but the original is taken away.
• If the apartment is registered for one family member, he brings a commitment in which he promises to allocate shares to everyone within a certain period of time. This will need to be done without fail in the justice of the place of registration.
• Take with you a certificate of ownership of the apartment. If there are several owners, take everything with copies.

These are all the documents you might need.

Matkapital as a down payment

You already know what it takes to pay off the mortgage with the parent capital. Now let's talk about what to do if you became a borrower after the birth of a child or just want to become one. In this case, to use the money, you have to wait 3 years after receiving the certificate.

Not all banks are ready to issue loans in this way because of certain risks. And then they already have the right to refuse. However, many accept matkapital as a down payment: Unicredit, Sberbank, VTB 24 has recently joined them in this regard.

If the answer to the question of whether it is possible to pay off the joint mortgage with the parent capital is obvious, then with the down payment everything will be a little more difficult. You will have to collect a little more documents and walk a little more often to all instances. So, you already have a certificate of capital, the next step is to find out how much the bank agrees to give you. You submit the following documents:

• Borrower data questionnaire
• Passport with registration
• SNILS or driver's license
• Certificate of income from the place of work
• A copy of the work book
• Certificate for the capital and a certificate of its condition
• Marriage certificate and husband's passport, if the loan is for him or for both

You can get a more accurate list of documents at the branch of the selected bank, where the employees will explain everything to you in detail.

If your questionnaire is not suspicious and the application is approved, feel free to choose housing with a cost that does not exceed the specified amount. The apartment will need to be appraised to find out its real value. After all these procedures, the bank will give you a letter stating that a loan for such and such an amount has been approved. With him and with all the documents that have already been indicated above, you go to the Pension Fund to apply for the disposal of state money. If everything is in order there and you were allowed to use the funds, as well as issued a certificate of the exact amount of capital, you return to the person who issued the loan for you with these papers and present everything that you have for the desired apartment: the purchase and sale agreement , even preliminary, etc. At the bank, you will need to sign a loan agreement. Then you go to the Pension Fund again with an agreement and an obligation to allocate shares to all family members. And only after that the money will be credited to the account.

This scheme seems complicated and incomprehensible, but there is no need to be intimidated. They will help you and explain step by step where to go now and with what papers. Remember that before signing the contract, you have to think about everything: how many years you will pay the mortgage, what monthly payments you need to make, whether more money will be needed for repairs, etc. Bank employees are obliged to inform you about everything.

Is it possible to pay off the mortgage immediately with the parent capital: difficulties

Difficulties rarely arise, as banks usually supervise such transactions and ensure that all the rules are followed with regard to documents. However, the likelihood that you will be denied the use of capital is still. The bank may agree, but it happens that the documents are not checked by the Pension Fund. In this case, it does not matter for what amount you take out a loan. There are no restrictions on which mortgage can be repaid by the parent capital. Any - for finished housing, for a new building, for the construction of your house. You may be refused for the following reasons.

• Incorrectly collected or executed documents. You missed something, but the fund employee did not notice. The documents will come back. You will be called, asked to convey something or redo. It's not scary, it just takes a little longer.

• The rights to additional measures of state support have been terminated. This means that you have already spent the capital. Usually you are warned about this by registered mail.
• The amount has been exceeded. If you requested an amount more than you are entitled to, the documents will be returned back.
• Restriction of parental rights in relation to a child for whom money is allocated. This is a measure that usually ends with the deprivation of parental rights. Together with the right to upbringing, parents lose all benefits and mother capital.
• If the child was taken away for some reason and the guardianship authorities have the appropriate papers, it will be found out during the check.
• If the mother or child does not have Russian citizenship. But in this case, obtaining the certificate itself will be difficult.
• In the case of the adoption of a second or third, etc. the mother has the right to receive the mother's capital. But if she received it, and the adoption process was stopped or canceled, she will not be able to manage the money.

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

A military mortgage is the same loan, but on more favorable terms, designed to support military personnel. There is a special accumulative system, according to which you can pay off a loan only with state funds, but for this you need to stay in the service all the time that payments are made.

In this case, you first need to submit documents and become a participant in this program. After 3 years, when enough funds have accumulated on the account, it will be possible to buy a home. The real estate is calculated in such a way that 18 sq. M will be allocated for each family member. If a serviceman wants a larger apartment, he will have to invest his own funds.

The borrower cannot resign from the army unless there are good reasons: the age limit for service, health status, important family circumstances.

The maternity capital is used in the same way as for a regular loan. That is, the answer to the question whether it is possible to pay off part of the mortgage with the parent capital is definitely positive. It would seem, why extinguish if the state pays? And then, in order to quickly get an apartment in full ownership, remove the burden and live in peace.

For a woman, the repayment of such a loan with capital is of particular importance. Initially, mortgages and housing are issued only in the name of the borrower who is serving. If she wants to use the certificate, she and the children must be made owners. But this is only possible if the marriage is officially registered.

For the first installment, you also need to wait 3 years, you do not need to wait for repayment. The documents and procedure are the same as for a conventional mortgage.

The law on maternity capital has been in effect for a whole five years. But many families are still vague about this form of state support. What is this strange "capital" that cannot be cashed out? Do I have to wait until my child is three years old before disposing of money? Is it possible to repay a mortgage loan with the help of maternity capital, and if so, how?

Before talking about the specifics of the "mother mortgage", let's recall a few important legal details.

1. Maternal (or family) capital is a form of state support for families who have given birth to a second, third, etc. child. It represents a gratuitous loan (subsidy) in the amount of 387,640 rubles (for 2012). In 2013, the amount of maternity capital will be approximately 402 thousand rubles.
2. The procedure for the provision of maternity capital is determined by Federal Law No. 256-FZ of December 29, 2006 and applies to all Russian families in which, after January 1, 2007, a second child was born or was adopted. If at the birth of the second child the right to receive maternity capital was not formalized, then these funds can be provided once at the birth or adoption of subsequent children.
3. In addition to the "federal" maternity capital, there are also regional ones (the size and procedure for payments are established in each region separately, after the adoption of the relevant law by local authorities). So, from January 1, 2012, regional maternity capital in the amount of 350 thousand rubles officially began to be formalized in the Yamalo-Nenets Autonomous Okrug (for women who have lived on its territory for at least 5 years). In the Voronezh and Irkutsk regions, since January 1, 2012, regional maternity capital is paid, but its size is less: 100 thousand rubles.
4. According to the law, the right to maternity capital is certified by a personal certificate. This certificate is only valid if you have proof of identity of the owner.

It is currently impossible to cash out the money that is part of the maternity capital (although the State Duma has begun to consider a bill that provides, in certain cases, the possibility of paying part of the maternity capital in cash

It is important to know and remember that maternity capital can be used to meet any needs of the family, but not earlier than the child, whose birth gave the family the right to payment, turns three years old. However, the "three-year moratorium" is lifted if the funds are used to improve housing conditions and mortgage payments.

Mortgage + maternity capital: what are the conditions?

It is officially allowed to repay the mortgage with the help of maternity capital since January 1, 2009. From the point of view of many married couples, this investment option can be called optimal. Especially if the family has the right to participate in the "Social Mortgage" program - in this case, maternity capital covers 30-40% of the debt.

But even if we are talking about a commercial mortgage, maternity capital makes the life of the borrower much easier. There are not so many conditions and restrictions that must be observed, and they are all quite reasonable.

1. The first and most important condition: real estate acquired using maternity capital should improve the living conditions of the family and be located in Russia.
2. The second condition: maternity capital can be used for any purpose of the mortgage - making an initial payment, paying off the principal debt, paying interest. Here there is also a restriction - it is impossible to extinguish penalties, fines and commissions on overdue mortgage debt with the parent capital.
3. The third condition: housing acquired on a mortgage with the help of maternity capital must be registered in the shared ownership of parents and children (as well as other co-living relatives).
4. The fourth condition: the maternity capital can be used to pay off the mortgage without waiting for the child's three years of age. In this case, both the mother of the child and his father can act as the main borrower for a mortgage. The restriction concerns the marital status of the couple - the marriage must be officially registered.

If all these conditions can be met in your particular case, you can start collecting documents for the transfer of maternity capital.

Follow the established order

Fortunately, borrowers who decide to pay off the mortgage with parent capital do not need to invent complicated schemes. It is enough just to perform a series of actions in a specific order. The main thing is to be careful when collecting certificates, filling out forms and in no case try to "cheat" with documents in order to speed up the process.

Stage one: visit to the bank

You must inform your lender of your intention to pay off the mortgage using maternity capital. They have no right to deny you, but some delays cannot be ruled out. As a result, you should have in your hands a certificate of the balance of your principal debt and interest on the loan, as well as documents of title to the apartment (house or room) that you purchased and is pledged.

Second stage: applying to the Pension Fund

The application is submitted in the prescribed form to the territorial (that is, at the place of official registration of the borrower) branch of the Pension Fund. You will receive the application form free of charge when you bring the documents. But before you go on a visit to the "pensioners", carefully check the entire package of documents collected so that you are not sent to a second round.

List of documents for submitting an application to the Pension Fund:

• Identity documents, place of residence, citizenship of the person who received the certificate for maternity capital;
• Certificate for maternity capital;
• Credit (mortgage) agreement;
• A statement from the bank, which indicates the amount of the balance of the loan debt;
• Certificate of state registration of ownership of residential premises acquired using borrowed funds.
• A notarized written commitment of the person in whose ownership the dwelling was purchased, to register it in the common ownership of parents, children (including the first, second, third and subsequent children) and other family members living with them.
• Extract from the house book or financial and personal account.
• If one of the parties to the loan agreement is a spouse, you also need:
• A copy of the main document proving the identity of the spouse and his registration at the place of residence or at the place of stay.
• Copy of marriage certificate.

It should also be borne in mind that the established list of documents tends to change, so it makes sense to make a call to the territorial office of the Pension Fund and clarify whether you have all the necessary certificates in your hands. Also check which documents are needed in originals and which in copies. But to be on the safe side, keep both copies and originals with you. It is better to notarize copies of especially important documents in advance.

Stage three: get a receipt

Formally, no documents should be lost in government agencies. But in practice, anything can happen. Therefore, do not forget that the registrar who accepted the application from you must issue you a receipt-notification indicating the date of acceptance of the application, the registration number of the application and the full name of the official.

Stage four: wait for an answer

The term for consideration of an application under the law does not exceed one month from the date of filing, but de facto it is rarely less. After the decision is made, a notification is sent to the applicant (that is, you) about what the officials decided in your case.

Step five: recalculate monthly payments

In case of a positive decision on your application, the Pension Fund is obliged to transfer funds to the credit account within no more than 2 months. You, as soon as you receive good news, need to submit a new application to the bank - for partial or full early repayment of the mortgage loan by the parent capital. In case of partial early repayment, you will receive a new payment schedule.

Depending on the terms of the original loan agreement, you will either have a shorter loan maturity or a lower monthly payment. But do not forget: until the receipt of maternity capital funds to the account of the creditor bank, you need to make monthly payments in accordance with the previous schedule

Why You May Be Denied

Banks usually do not obstruct borrowers who want to pay off mortgages with the help of maternity capital: a credit institution has much more benefits than risks here. But, alas, the Pension Fund has the right to slow down the process (sending it to collect documents for the second and third time ...) or even refuse altogether. To avoid such an unpleasant development of events, it is better to study in advance the possible reasons for the refusal.

Here are the reasons for the refusal to use the maternity capital funds to pay off the mortgage:

1. An incomplete package of documents is provided and / or documents are executed with errors.
2. The amount indicated in the application exceeds the amount of the maternity capital or its remainder.
3. The certificate manager has been deprived of parental rights in relation to the following children:

The child, in connection with the appearance of which the right to maternity capital arose;
- a child whose birth order was taken into account when the right to maternity capital arises.

4. With regard to his child (children), the person who received the certificate has committed an intentional crime against the person.
5. Cancellation of the adoption of a child, in connection with the adoption of which the right to maternity capital arose.
6. Selection by the guardianship authorities of the child, in connection with the emergence of which the right to maternity capital arose. The waiver applies to the withdrawal period.

What to do in case of refusal

First of all, carefully study the refusal itself - it must be provided to you in writing. The most common reasons are the first two from the above list (errors in documents and too much requested amount). But it is also relatively easy to eliminate them - you will need to re-collect the documents or request a smaller amount. As for other reasons, if you consider them unmotivated and can prove it, the law gives you the right to appeal by appeal to a higher authority of the Pension Fund or to the court.

But as practice shows, most applications for maternity capital funds for the purpose of repaying a mortgage have a successful ending. The bureaucratic ordeals associated with this process are not very pleasant, but the result - the early acquisition of your own home - is worth it.

Anastasia Ivelich, expert editor

The housing issue for young families in Russia remains extremely acute. His decision is far from its final. However, at present there are certain options with which you can facilitate the housing arrangement for a young family. The repayment of the mortgage by the parent capital is what will be discussed below. It is clear that over 90% of Russian families in search of their own housing are forced to take out a mortgage or just a large loan to buy residential real estate.

To make it easier to achieve full and undivided ownership of the acquired housing, you can use the funds that make up the maternal (aka family) capital. But how to transfer available funds to another plane - housing? Are there any special conditions required for this? How big is the set of required documents? These are the questions that arise before the persons who chose to use maternity capital in the above way.

Basic repayment terms

Here, in fact, there is nothing difficult. First of all, you should know that housing purchased on credit should be better than the previous one. The key role under Russian law is played by the increase in living space per person. And residential real estate must be located on the territory of the Russian Federation. However, these points are automatically followed in 99% of all cases. The second point - who, in principle, has the right to dispose of the parent capital in this way?

Both parents or guardian, whose guardianship is legally established, have this right. Or the child himself, for whom the family capital was issued, when he reaches the age of 23. Many families that have entered the sphere of mortgage lending also ask themselves the following question: when is it better to use maternity capital? That is, even before purchasing an apartment on credit or after, when monthly payments will go. By itself, this can be done at any time. It all depends on how the family is going to pay off the mortgage. In general, banks offer three options here.

Repayment options

Option one - payment of the down payment. Almost always, this option is chosen by those who planned in advance to spend maternity capital on improving housing conditions. When taking a mortgage in a bank, the borrower makes the first payment, which, as a rule, turns out to be the largest, using the funds of the capital received. At one time, problems arose with this method of partial repayment of a mortgage. This use of the capital was limited. Many banks created such conditions for the mortgage sector that the initial payment was paid exclusively in “free cash”.

Some financial institutions have similar principles to this day. It is believed that the main reason for such a policy is to doubt the solvency of clients who immediately resort to the help of maternity capital. However, the main large banks of the Russian Federation (Sberbank, Gazprombank) have now agreed that the initial payment is not some special criterion that characterizes the financial solvency of clients. So they can be trusted.

It is reasonable to make an initial contribution with capital when the capital itself is not very large. But you should know that the first option according to the law of the Russian Federation is feasible only 3 years after the birth of a child or receiving guardianship. And at the same time, maternity capital must be intact. If the family, for example, has already furnished a new nursery for part of the money received, then the initial contribution with capital will no longer work.

The second option - the most common - is when you can repay the entire main part of the loan in full. In this case, the family pays only for interest, quickly acquiring an apartment as its full property. The trouble is that the family capital is usually not enough for such a financial action. Therefore, this issue must be carefully discussed with the bank. If it is possible to repay most of the main loan, then the bank and the accrued interest can be recalculated, starting from the remaining, small amount of debt and opening a new account. In general, this is the most reasonable use of money.

The third option is payment by means of the mother capital exclusively for mortgage lending interest. But for a young family, this is the most unprofitable option, which means, in general, the burning of funds received from the state. It is worth resorting to it only when there is no other way out, and you have to pay interest.

Required documentation package

Suppose the issue is resolved with the selected option. What's next? How to pay off a mortgage with parent capital? You don't have to be a lawyer to understand the need for a set of certain documents. Since in Russia bureaucracy and chicanery continue to occupy strong and honorable places in socio-economic life, it is recommended to be "fully armed" in advance. Below is a complete list of the documentation that you will definitely need during payment processing:

1. Passport of a citizen (citizen) of the Russian Federation or a foreign passport with a confirmed residence permit plus several full photocopies of the document.
2. Certificate for obtaining maternity capital. This document has no expiration date. It is issued for one person (mother, father or guardian), but the second parent is also automatically entitled to the capital received. A lost certificate can be replaced with a duplicate in the Pension Fund of the Russian Federation.
3. Banking agreement drawn up when taking out a mortgage.
4. Certificate from the bank where the loan was taken. The certificate must indicate the remaining amount of debt and the general state of the account.
5. Documents confirming the ownership of the borrowed housing.
6. A completed form, where the borrower notifies of his desire to repay the mortgage at the expense of maternity capital. This form is issued by the Pension Fund;
7. An agreement certified by a notary and stating that the borrower undertakes to formalize immovable residential property as an equal family property, in which each family member has an equal share.
8. It so happens that a loan is issued for one of the family members. For example, a husband. Then his passport will be required. Plus, the registry office will need to take a marriage certificate. However, it is taken into account that many families live in a civil marriage, so it is not strict here.

The process of transferring funds from the mother capital towards the repayment of the mortgage

Of course, other documents may be required, for example, a certificate of deprivation of parental rights, if the guardians received the maternity capital. But these are non-standard cases. Otherwise, the package of documents remains unchanged. So, the documents are ready. Actually, you can express a desire to cancel the mortgage with family capital at least a couple of days after receiving it (but remember about the down payment). The main thing is that the bank account is in order.

After informing the beneficiary bank of the intention to repay the mortgage in this way, you will need to visit the Pension Fund, for which, in fact, the described package of documents is needed. The Foundation accepts copies of documents, a completed application, after which a decision is made within one month.

A written decision is sent directly to the borrower. A positive response can usually be expected. There is a solid list of legitimate reasons why an FIU can refuse.

1. An incomplete list of required documentation is provided.
2. The borrower has accidentally or intentionally entered incorrect information on the form, or the form is filled out incorrectly (but the latter is unlikely, since the institution's staff may immediately point out errors).
3. The parent or parents (guardian / guardians) have committed a criminal offense against the child.
4. As a result, this can lead to the deprivation of parental rights, which naturally deprives them of the right to maternity capital.
5. A crime against the child's personality in itself automatically deprives of the right to maternity capital.

The final stage

In other cases, the FIU has no right to deny the family their desire to get rid of the mortgage with the help of family capital. If the family receives a refusal and considers it unlawful, the plaintiff (family) has 30 days to file an appeal. You can appeal the decision to a higher instance, but most often they go to court for such a case. Moreover, it will not be superfluous to consult a good lawyer. The approval of the FIU will mean that the maternity capital funds will come to the bank account in two months.

After a positive decision of the fund, it is imperative to inform the bank about it. As soon as the financial institution receives the money, it will contact the borrower to renegotiate the agreement. The new agreement will fix the terms of new payments for the remainder of the mortgage. Or the bank will issue a confirmation that the borrower has fully repaid the loan if the maternity capital is sufficient for this. But the latter is not common, so there are two options to choose from.

Or the term of the mortgage payment is reduced, while the monthly payments remain the same. Or the term remains the same, and the monthly installments decrease. The amount of the reduction depends on how much was deposited to repay the loan. All these calculations must be made by bank employees in the presence of the borrower (s). The material presented here has informational and practical value.

It is intended to acquaint with the main steps in the issue of debt repayment of those people who have families and have joined the field of mortgage lending. In the text, for this purpose, not only the obvious points (necessary documents, institutions) have been analyzed, but also some common situations that give rise to legal issues.