Appeal of the All-Russian movement of foreign exchange borrowers. All-Russian movement of foreign exchange borrowers sues the central bank All-Russian movement of foreign exchange borrowers recent
Today Russian economy is at the stage of integration into the world economic system... This explains the emergence of the need for domestic companies to raise funds for foreign currency... Obtaining loans from foreign organizations is one of the ways to solve this problem.
What is a borrower?
The borrower is a party on credit relations who received a loan and assumed the obligation to repay it within the agreed period and to pay interest for the period of using the loan.
Within the framework of credit relations at the same time, one and the same economic entity can act as a lender and a borrower. If a company gets a loan from a bank, it will be the borrower and the other party will be the lender. But if an organization keeps its funds in a bank, they will act in opposite roles.
Mortgage credit lending
Considering this situation, it is worth highlighting mortgage lending. This is a long-term loan provided by financial institution physical or legal entity... In this case, the object of pledge in mandatory is real estate. These can be premises, structures, as well as residential and industrial buildings. It is worth noting that foreign currency mortgage borrowers are persons who have been granted a loan in foreign currency.
The most common use case mortgage lending in Russia is the acquisition of real estate by citizens on credit. Basically, the object of collateral is the purchased housing, but it can also be already existing buildings. Real estate provided under a mortgage is registered with the relevant authorities, so foreign currency borrowers on a mortgage will not be able to sell it until the loan is repaid without performing special actions.
Foreign currency mortgage loans
In the current economic situation states in the most difficult situation were precisely the owners of mortgage loans in foreign currency. This is due to the fact that most of these citizens receive income in rubles, and the cost of monthly payments in dollars or euros has risen almost several times, which has put a large number of families on the brink of default. The following options for solving the problem are discussed:
- fixing a certain exchange rate;
- introduction of a moratorium on the collection of overdue debts;
- revision of the interest rate on the loan.
It is worth noting that the final decision was not made, so foreign currency mortgage borrowers are seeking serious action from the state. Every month there are more and more loan debtors, as citizens are not able to make payments in a timely manner in large amounts. Among them may be half of the borrowers who borrowed funds in foreign currency. The government should take adequate measures in relation to citizens of this category, since the State Duma is preparing to freeze payments. At the same time, the Central Bank offered to provide assistance to foreign currency borrowers by transferring loans to monetary units other countries in rubles, focusing on a specific exchange rate. However, experts argue that the citizens who took out a loan will have to cope with the consequences without weighing all the pros and cons.
The movement of foreign currency mortgage borrowers
At the end of last year, an all-Russian movement of currency mortgage borrowers... This was due to the sharpness that made it almost impossible to service loans of this type. This movement has the only goal, which is to transfer the balance of loans on terms acceptable to citizens, maximally equalizing payments in foreign currency and rubles.
The all-Russian movement of foreign exchange borrowers includes participants, who are citizens of the state who have received unprofitable loans at different times. They are presented in various social networks and have their own website. The participants in the movement in question perform certain tasks to the best of their ability. They are:
- participation in various conferences;
- organization of events;
- negotiating with government officials and financial institutions;
- work with the media.
The all-Russian movement of foreign exchange mortgage borrowers assumes participation on a voluntary basis. Each of the participants has the right to express their opinion, as well as make constructive proposals, which are based on competent argumentation.
What is the attitude of the society of foreign exchange borrowers to the authorities?
The society in question emphasizes the absence of political goals, which makes loyalty to the government a priority. The All-Russian movement of foreign exchange borrowers also adheres to a consistent appeal to achieve optimal solution problems with a mortgage in a foreign currency.
In communicating with the media, the movement of foreign exchange borrowers does not comment on the opinion about foreign policy country. In the press, there are references to society in the context of state policy, but mostly they are a provocation. Quite often, various currents try to make borrowers their allies as a result of an unstable economic situation.
It should be noted that the movement of foreign exchange borrowers prohibits illegal actions by its participants. Otherwise, they will be personally liable for violation of this requirement. For this reason, they will not receive public assistance.
Commercial benefit to society
In the process of existence, foreign exchange mortgage borrowers do not receive commercial benefits. Participants, by their own disinterested desire, strive to set real tasks to solve the existing problem. A violation of the traffic rules is the commercialization of activities in any form.
Solution
A large number of citizens who find themselves in a difficult situation are seeking from the government and commercial banks to provide more suitable conditions for repaying loans. Foreign currency borrowers also want mortgage loans not to be issued in foreign currency at the present time. The Central Bank also insists on this, but banks continue to provide this service. This is due to the fact that institutions are also faced with a crisis and want to get as much profit as possible. Citizens can independently determine how risky it is. At the moment, foreign currency borrowers are hoping for a favorable development of the situation. The number of citizens who take out loans in foreign currency has significantly decreased. This confirms the fact that borrowers weigh the pros and cons to make the right choice.
On Thursday at 11:00 a new picket of the All-Russian movement of currency borrowers will take place at the Central Bank. After soaring foreign exchange rates, thousands of Russians became hostages of their mortgage debts... Among them are large families and single mothers who believed the official assurances of stability. Russian currency... The Insider spoke to some of them.
"Now I owe the bank almost 2.5 times more than what I took to buy an apartment"
I have been paying off my mortgage since 2006, that is, for the ninth year. The apartment then cost 2.5 million rubles. And now I owe the bank 75 thousand dollars, almost 2.5 times more than what I took to buy an apartment, although I paid everything on time. This month, for the first time, I will not be able to pay the full fee. This will be my first delay in 8 years. I live alone with a minor child, I have a 10-year-old son, I work alone in our family. I have nowhere else to take money. I come home from work at 9, sometimes at 10 in the evening, I practically do not see the child. Banks offer us draconian conditions for refinancing and we cannot agree to this, because payments will increase significantly.
I have already put the apartment up for sale, but it already costs much less than I owe the bank, and quite a lot. My apartment will now cost about 3.5 million, and taking into account the fact that it is being sold on bail, it will lose 20 percent in price. Moreover, now during the crisis there are fewer buyers, it will not be so easy to sell.
"The banks themselves imposed precisely foreign currency loans, stating that it was profitable and that no one would allow a sharp rise in the exchange rate"
With our pickets, we hope to attract the attention of the authorities so that they take part in solving this problem and distribute currency risks proportionally between the bank and the borrower. The fault lies clearly not with the borrowers, we are not to blame for the collapse of the ruble. Although the Central Bank now says that it warned about such risky loans - who they warned there and when we do not know. And the banks themselves imposed precisely foreign currency loans, stating that it was profitable and that no one would allow a sharp rise in the exchange rate. On a ruble mortgage, we simply did not pass the income due to the high interest rate, and this was the only reason why we had to take out a loan in foreign currency.
We have a Vkontakte group called "All-Russian movement of foreign exchange borrowers", there are already more than a thousand people in it, and every day new ones are joining, including those from the regions. There is also initiative group, which organizes communication with the media, writing collective letters to the authorities and holding public events. We help people who have joined us to write letters to banks, we consider ways to solve their problems through the courts.
Yesterday, a group of deputies from "Fair Russia" headed by Oksana Dmitrieva sent a request to the Central Bank regarding the limitation of the dollar exchange rate for borrowers like us. That is, we are talking about converting the exchange rate either on the date of the conclusion of the agreement, or on January 1, 2014. Alyona Popova also helps us, she handed over our collective request to the deputies along with the signatures that we collected at the first picket. According to her, on December 18 there will be a meeting of the commission on housing and communal services, where our problem is also on the agenda. On December 29, we are no longer preparing a picket, but a rally on Suvorovskaya Square, an application has already been submitted to the prefecture, but we have not received an answer yet.
Elena Balanovskaya
When I took out a loan, I had an income of about 120 thousand rubles and I was counting on a payment of 2 thousand dollars, then (in the spring) it was 72 thousand rubles. There was a gap of 50 thousand, which I can really live on. We needed an apartment, because then we found out that I was in a position and it became clear that we need to somehow accommodate the children, the eldest daughter is already 15, she needs a separate room. I have three children now, it counts the large family, but this does not imply any discounts on mortgages, only the Moscow region, where I am registered, pays extra 3 thousand rubles.
This apartment now has to be rented out in order to somehow pay off part of the loan. I have to live with relatives in one-room apartment... And even then it is not so easy to find a tenant, everyone is now having material difficulties. At the same time, we have to pay extra to the amount for which we rent it, somewhere around 35 thousand rubles. Now the rate has increased even more, we will pay more than 40. But now I am on maternity leave, only my husband works for me.
Even if I sell this apartment now, we will not be able to pay off a loan of 220 thousand dollars, this (even if we count at the exchange rate of 62) is almost 14 million, and the bank's assessment (we have RESO-credit) at the time of buying an apartment in the spring is 12 million.
We didn't even have time to live in this apartment - when I left the maternity hospital, the renovation had just been completed. Throughout my pregnancy, I ran with repairs, because my husband worked, my daughter also worked part-time, my son is still in Kindergarten walks, so I had to deal with the repair itself with the last effort. They invested all the accumulated money, a million and a half, into the repair, ordered household appliances, a kitchen, lay down with bones, as they say. Over the past two years, I have not bought any new things for myself, everything was spent on new apartment... I have already decided, if I have to give it away, I will take everything that we put into it, to the extent that the walls that we put up and painted - I will also destroy and take away, I will not leave anything. Because, you know, it's a shame to tears that I, a pregnant woman, have been doing this whole construction project, instead of lying there and taking care of myself.
Sabina
I had a room in a house on the Yaroslavskoe highway, when it was expanded and our houses were demolished, I was paid compensation - 1.2 million. I still had money on hand and we invested in this mortgage. All banks refused me because I was in maternity leave... RESO-Credit told me that they are ready to give a mortgage, but only in dollars. We resisted until the very end, wanted to take in rubles, even paid the first installment in rubles - 1.2 million, but at the last moment Anna Zeletskaya (the girl who made the deal) told us that we were denied the ruble and could only take in foreign currency ... It was only possible to achieve a promise that immediately after the conclusion of the agreement, it would be possible to transfer the foreign currency mortgage to the ruble one. But they did not confirm this promise with any documents.
"Now instead of 46 thousand I have to pay 148. I am a mother of many children, where do we get that kind of money?"
Together with my husband (he earns 65 thousand), we could well then afford to pay the loan and feed the children. And now instead of 46 thousand I have to pay 148, just imagine. I am a mother of many children, I have not yet quit the decree, where will we get that kind of money from? With a request to transfer me to a ruble mortgage, I began to apply to our bank six months ago, they promised me such an opportunity. And they began to say "who promised you?" Now they say that they will transfer it in January, but the dollar has already gone up. And there are thousands of people like me in this bank.
And this is how it happens, I took 151 thousand dollars, I have been paying all payments regularly for a year and a half, I come to the bank the other day and ask how much is left to pay if I repay it ahead of schedule. They say there are 149 thousand left. That is, it turns out that for all my payments during this time, mine has long been reduced by less than 2 thousand dollars? And this despite the fact that I pay them $ 1,500 a month!
I already agree to return the apartment to them (it cost 6.5 million) so that they return my initial contribution - 1.2 million, that is, I am ready to even give up all the money that I paid them during this time, simply because today is I cannot pay the fee. But they refuse! Like, I owe them even more! If I recalculate at the current exchange rate how much I have to pay them for the rest of the time, then it will turn out to be 33 million rubles! My apartment in Mytishchi doesn't cost that much, believe me!
I came to the bank, I say - I cannot pay so much now, I have not yet quit the decree, and the cashier tells me - “look for a second job, a third job, sell an apartment”, this is what the cashier says to me! But I paid almost three million for this apartment! I have already called all TV channels, no one wants to talk about us. Like, you yourself signed the contract.
I have already bypassed more than 10 lawyers, they all say - you will, of course, win the court, because he always takes the side of the borrower, but this will be for many years. And now what to do then? In addition, I have health problems, they found a cyst in my chest, if I get nervous, I immediately feel bad. Just recently, in the bank, too, it became bad, they picked me up, took me to their office, gave me water, medicines, and a little came to my senses.
WE POST THIS APPEAL, CALCULATING THAT AMONG OUR READERS MAY BE EXPERTS ABLE TO PROVIDE THIS OR ANY OTHER HELP TO VICTIMS OF CURRENCY CREDIT UNLIMITED BY OUR SYSTEM. PROPOSALS TO BE SENT TO THE ADDRESS: EVGENY ZININ [email protected]
Dear participants and followers of Russian economic society them. S. Sharapova!
We, members of the united group of the All-Russian movement of foreign exchange borrowers, and together with us tens of thousands of families, turn to you for help. Help us defend our right to live with dignity in Russia, raise children and work for the benefit of our families and our entire vast Motherland. Today we are forced to fight on all possible fronts: legislative, social, legal, moral and financial. With your help, we want to get a chance for success in the courts, which today have already begun to make decisions on the eviction of families and their children from mortgaged housing.
One of the aggravating problems of what is happening at this time is a mortgage in foreign currency. Consequences of exchange rate devaluation national currency severely affected the economy of the country as a whole. For foreign currency mortgages, this is a blow to the very heart, a blow to the family, children and loved ones. The subject of the pledge is housing. Currently, according to various estimates, from 50 to 70 thousand borrowers (i.e. families) are under pressure from the economic situation, which they are unable to cope with. The lion's share (about 60%) of loans was received before the 2008 crisis. It was at that time that banks actively promoted foreign exchange mortgages, including the creation of artificial conditions for issuing mortgages in a currency more profitable for the bank.
The majority survived the devaluation of 2008. Banks met halfway, there were measures in the form of a "vacation", a postponement ... Some signed up for the "help" of AHML, in fact, took a second loan in addition to the mortgage. At this point, loans acquired a non-returnable nature. Until 2008, there was a construction boom, a galloping rise in prices for housing, sales were rampant, loans were distributed in batches. Bank branches lacked meeting rooms to conclude transactions. In competition, banks have continuously improved a number of loan conditions, one of which was collateral, expressed as a percentage of the value of collateral. At that time, this criterion reached 100%, i.e. it was possible to buy housing on full loan security, i.e. no down payment. Immediately after the devaluation of 2008, or rather at the beginning of this process, all banks raised the bar to 50-70%. And all the loans at the moment ceased to be suitable for restructuring in rubles, because the amount of debt on the loan was not only 50-70% higher, but generally higher than the value of the collateral itself. Those who took out a loan from down payment, also did not pass the security bar. It was no longer possible to change the loan currency.
Devaluation 2014. The noose was hung, the support was knocked out. Currency rates have doubled. Relative to 2006-2008 -3-3.5 times (depending on the currency). People either lost their ability to pay or became beggars, giving almost all of their income to the bank. The cost of the loan is several times higher than the cost of the collateral. The path to refinancing in rubles is finally closed. The Central Bank's recommendations are ignored, because they are recommendations. The parameters specified in the recommendations, the provisions do not save, because fix already failed conditions. The loan does not cease to be problematic, both in terms of the correspondence of the value of the collateral and the solvency of the borrower.
The combination of actions / inactions of the Bank of Russia (devaluation, cancellation of the currency corridor ...), the foreign policy situation (sanctions), all of this hurt everyone. Regarding foreign exchange mortgages, in the legal field, all the risks of exchange rate fluctuations fell on the shoulders of the borrower. Attempts to regulate the issue by law do not find support, since difficult to assemble in unified system measures in such a combination to suit all parties.
Regarding judgment question. The relationship between the lender and the borrower, unfortunately, does not fall under the law "On Protection of Consumer Rights" as recipients of a poor-quality product in the form of a loan. Only article 451 remains Civil Code Russian Federation"Change and termination of the contract due to a significant change in circumstances."
1. A significant change in the circumstances from which the parties proceeded when concluding the contract is the basis for its change or termination, unless otherwise provided by the contract or follows from its essence.
A change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different conditions.
The interpretation of this point from the bell tower of the borrower is unambiguous, he could not have foreseen such dramatic fluctuations in the exchange rate. At the time of the conclusion of the agreement and for a long time after it, there were provisions prescribed by the Constitution, according to which the stability of the national currency exchange rate is a direct responsibility of the Bank of Russia. In the end, there was a currency corridor, which could be guided by when concluding an agreement. However, in changed circumstances, the interpretation does not work. Would the borrower enter into a contract knowing that his debt would triple? Could he have guessed it?
2. If the parties have not reached an agreement on bringing the contract in line with significantly changed circumstances or on its termination, the contract may be terminated, and on the grounds provided for in clause 4 of this article, changed by the court at the request of the interested party if the following conditions are present simultaneously:
The parties did not reach an agreement. The banks did not and do not agree to conditions other than restructuring at the current rate. Borrowers do not agree to this. Go to rubles with more high rate- an increase in an already overwhelming monthly payment.
1) at the time of the conclusion of the contract, the parties proceeded from the fact that such a change in circumstances would not occur;
So significant? Probably not. However, this does not prevent banks from taking an advantageous position for themselves, referring to 1998, for example.
2) the change in circumstances was caused by reasons that the interested party could not overcome after their occurrence with the degree of care and discretion that was required of it by the nature of the contract and the terms of turnover;
The beginning of the paragraph corresponds to the desired, but everything spoils the ending. What was the borrower's discretion when concluding the contract? He could have discreetly not concluded it. It is still impossible to find a court-accepted answer to this question.
3) the execution of the contract without changing its terms would violate the balance of property interests of the parties corresponding to the contract and would entail such damage for the interested party that it would largely lose what it had the right to count on when concluding the contract;
This is the most blocking point of all. When deciding the issue in court, each of the parties proves their losses. There is no balance of interests. Either one side will suffer, or both.
4) it does not follow from the customs of business or the essence of the contract that the risk of a change in circumstances is borne by the interested party.
The interpretation is simple. A claim may be filed by an uninterested party.
3. In the event of termination of the contract due to materially changed circumstances, the court, at the request of either of the parties, determines the consequences of termination of the contract, proceeding from the need for a fair distribution between the parties of the costs incurred by them in connection with the performance of this contract.
4. Amendment of the contract due to a significant change in circumstances is allowed by a court decision in exceptional cases when the termination of the contract is contrary to public interests or entails damage for the parties that significantly exceeds the costs necessary for the execution of the contract on the terms changed by the court.
The execution of the agreement by the borrower entails significant, sometimes fatal damage for him, despite the fact that the bank is ready to continue to fulfill the agreement on its part on the same terms.
Today, the authorities are hesitating to make a decision, and the courts have already begun. The first decisions have been made to evict families with children from their apartments. For borrowers to have a chance, we need an expert economic opinion on the nature of the circumstances that have come and the impossibility of their reasonable forecast by the borrower several years ago. This will not guarantee victory in court, but without such a conclusion, the chances of people to defend housing are practically zero. And we decided to ask the economic community to help us prepare such an analysis and give us the opportunity to defend ourselves.
Best regards and hope
All-Russian movement of foreign exchange borrowers and tens of thousands of families in Russia.
Currency mortgage holders have canceled all rallies for the near future. This was announced to Kommersant FM by representatives of the All-Russian movement of borrowers in foreign currency. On Monday, mortgage holders gathered at the building of the Central Bank. They demanded to recalculate their loans at the rate of 40 rubles. per dollar and 50 rubles. for the euro. Then the protesters blocked Neglinnaya Street. Nine people were detained, said Snezhana Yaroshchuk, a spokesman for the All-Russian Movement of Currency Borrowers.
“Anger, bewilderment, despair of people spills out into completely different uncontrollable forms. I was charged under two articles - "Organization of unsanctioned rallies" and "Disobedience to the authorities." Another borrower goes under the same articles, the rest are presented with the article "Organization of illegal rallies". I do not intend to run on promotions now, but I will not change my position either, ”Yaroshchuk emphasized.
On Tuesday, foreign currency borrowers canceled a protest near the office of OTP Bank. They previously stated that the leadership credit institution does not communicate with mortgage holders. The bank denied this information. Top management is ready to discuss the terms of loans with clients, said Olga Romashkina, head of marketing and public relations at OTP-bank.
“The top management of the bank has already met with the borrowers, meetings were made that took place last week and are going on this week. The situation is different for everyone, so it is not entirely advisable to resolve all issues in a group manner. We are not talking about a general course that will apply to all borrowers - the decision must be individual. We have a small portfolio of foreign exchange mortgages, and last year we had successful solutions on restructuring, ”- said Romashkina.
Deputy Chairman of the State Duma Committee on financial market Anatoly Aksakov said earlier that now in Russia there are only 25 thousand foreign currency mortgages. According to experts, their number reaches 150 thousand. In any case, the state needs to launch a program to support such debtors, said Vladimir Lopatin, President of the National League of Mortgage Brokers.
“Nobody likes another, if you like, political force. This kind of collective resistance of an already well-organized group is, of course, frightening. The problem still requires attention from the state, because currency fluctuations do not formally relate to force majeure, but in fact it must be admitted that such leaps here already require help. It all happened not without the participation of the state, ”Lopatin recalled.
Since January, foreign exchange mortgage holders have been staging protests at bank offices in Moscow and St. Petersburg. It is in these cities that most of these borrowers live.
- How to get a Metro Cash & Carry card for an individual - getting a card and a list of documents Metro card registration
- An example of a settlement reconciliation statement
- How to withdraw money from YouTube (YouTube) and Google Adsense (Google Adsense) to a Sberbank card: A Complete Guide
- Active income: types and creation of sources