Maternity capital on account of the mortgage conditions. Is it possible to repay a mortgage with maternity capital: conditions and a step-by-step guide. Conditions for repayment

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As the Russian economy grows, more and more residents of the country are buying or building their own housing, using the mortgage lending program. If in 2015 691 thousand mortgage loans were issued, then in 2018 - 1.471.800. Housing loans are provided by most banks and credit organizations in Russia. Mortgages are especially popular among families with a certificate for maternity capital (hereinafter referred to as MK). Getting a loan for real estate and directing state aid funds to buy your own home is perhaps the most common way to sell family capital.

Conditions for repaying a mortgage with maternity capital

One use case for MK is families. This can be either the purchase or housing, or the repayment of loans taken for these purposes. This also includes mortgage payments.

To take advantage public funds For this purpose, the following conditions must be met:

the housing to be purchased must be located within the Russian Federation;
the borrower must be the parents of the child whose birth was the reason for receiving the MK;
The loan agreement must specify the intended use of the funds.

It is allowed to repay a housing loan with family capital finances without waiting for the baby to be three years old, the appearance of which became the reason for issuing a certificate.

List of documents

In order to obtain permission from the pension fund to sell the money of the certificate and pay it on a mortgage, you need to provide it to the branch of the organization Required documents. Familiarize yourself with detailed list documents and process can be in

Procedure

If it was decided to spend the money of the certificate to pay housing loan, follow step by step instructions. She will help make the process easier. target direction family capital.

First you need to choose one of options use of mother capital as payment under a loan agreement.

use certificate like ;
pay mortgage interest
to close the main debt on a housing loan with funds.

After receiving the necessary certificate from the lender, you must visit the pension fund and apply for the disposal of family capital funds in favor of paying off the mortgage.

If everything was done without violations, the Pension Fund will consider your application within a month. After approval, the money will be credited to the lender's account within 30 days. When will the bank receive pension fund translation, he must provide the borrower new schedule payments with all recalculations.

When they can refuse

The PF does not always approve the use of MC funds. But there must be good reasons for this, prescribed in the law. This happens:

an error was made in the application;
not all documents were provided;
in case of deprivation of the applicant of the rights of a parent;
if the guardianship imposed a restriction on the rights to the funds of the capital.
in a situation where the applicant committed a criminal act against a minor, qualified by the court as a crime against a person.

The state obliged banks to accept the MK certificate in favor of repaying a housing loan. For this reason, the bank does not have the right to refuse to use public money towards mortgage payments.

Ways to use maternity capital

There are three ways to deposit money from the state program to pay for a mortgage loan.

The first, but not common, way is to list MK as . Many organizations issuing housing loans perceive this type of contribution as an indicator of the borrower's insolvency. For this reason, the loan rate may be higher than if the first installment was carried out by one's own savings.

Interest repayment

This is the second option for using mother capital. It is beneficial for those who are not going to close the loan ahead of schedule. After paying the interest, only the principal amount remains to be paid. Thus, it is possible to reduce the amount of the monthly payment, which will ease the financial burden. Once the interest is paid, the lender must calculate the amount of the monthly installment and provide a new payment schedule.

Closing the principal

Often used in practice is the method of implementing a certificate for repaying a mortgage. It is beneficial to the borrower. Having paid the main part of the debt, you can reduce not only the monthly payment, but also the loan term. For this reason, most borrowers use this method.

The loan repayment process is the same everywhere. You can rely on the funds of the certificate both in whole and in part. If the loan debt is less than the assistance issued by the state, then the certificate may not be spent in full. The rest can be spent in another direction permitted by law.

If the amount of state support is sufficient to completely close the housing loan agreement, then it is best to take advantage of this chance. Announce your intentions to the bank and ask for a full recalculation at the time of loan repayment. Since the PF will consider the application for at least 30 days, and if the answer is positive, it will take another month to transfer money to the account of the credit institution, consider these time frames when recalculating.

Lawyer. Legal consulting, experience in tax inspection. Date: June 2, 2017. Reading time 7 min.

To repay the loan with family capital, you need to collect a package of documents and apply to the Pension Fund. In most cases, a positive decision is made, but a refusal is also possible due to the non-compliance of the credit institution with the requirements of the law. If the Pension Fund allows the funds to be spent, the money is transferred to the bank account, which makes full or partial repayment of the debt. The right to own housing, paid for by maternity capital, is divided among all family members.

Maternity capital - funds allocated to the family at the birth of a second or adoption of a second or subsequent child. Can different ways. One of the most common and popular is the repayment of a mortgage with maternity capital.

It has been established that the money received from the state can be used as a down payment when acquiring real estate on a mortgage, and can also be used to pay for housing loans, including the principal debt and interest for use. When the family took out a loan, it does not matter, since the law allows for the possibility of repaying the debt for obligations that arose before the birth of the child. Restrictions are established only in terms of repayment of certain debts arising from the loan: penalties, fines and other sanctions associated with non-fulfillment of obligations to make payments.

Repayment of a mortgage loan by maternity capital

It is allowed to use family capital after 3 years. To do this, you need to write an application to the branch of the Pension Fund.

Attention! Please contact your local branch permanent residence. If the family lives at a different address, both spouses need to apply for temporary registration at the place of residence. Those living abroad apply directly to the Pension Fund of Russia.

Real estate can be purchased under a contract of sale when the house has already been built and put into operation or we are talking on the secondary market, or under an agreement on participation in shared construction. Also, maternity capital can be used to pay off debt on a loan taken to buy a home.

Table 1. List of documents required for submission to the Pension Fund (all documents are provided in copies, while the documents must be on hand).

No. p / p	To pay the down payment on a loan		To pay the down payment on a loan for participation in shared construction		To pay off principal and interest on a loan
1	loan or loan agreement
2	mortgage agreement (if any)
3	obligation to register real estate in common ownership (original)
4	contract of sale	contract for participation in shared construction		bank certificate on the balance of the principal debt and interest debt (original)
5		certificate of the amount paid and the remaining debt, as well as details for the transfer of maternity capital funds (original)		certificate of registration of ownership
6				agreement on participation in shared construction (if the apartment was purchased in this manner)
7				permission to build a house (if the house is not put into operation)
8				a document confirming the receipt of money under a loan agreement
9				a document confirming membership in the cooperative (extract from the register of members, a copy of the application or decision on admission to the cooperative)

Important! The apartment must be owned by all family members. Shares are determined by agreement. If this was not done when acquiring real estate, then a notarized obligation is provided to the Pension Fund. The term is 6 months after the removal of the encumbrance.

In addition, you will need originals of other documents that will need to be provided to the PF or MFC employee:

family certificate or its duplicate;
passport;
SNILS;
if a representative is acting - his passport and power of attorney;
a document confirming registration at the place of residence, if the documents are not submitted at the place of permanent residence;
birth (adoption) certificate for all children;
documents on the status of spouses (marriage certificate, spouse's passport, his certificate of registration at the place of residence);
permission from the guardianship and guardianship authorities to spend funds if the guardian or foster parent applies;
a document confirming the right of the child to use state support funds (marriage certificate, permission from the guardianship and guardianship authorities or a court decision declaring the minor fully capable).

Note! The term for consideration of documents is 30 days.

Based on the results of consideration of the application and the package of documents, the Pension Fund decides to refuse or satisfy the applicant's request. In case of a positive decision, the money is transferred immediately to the account of the organization that provided the loan. The term for transferring money is 10 days from the moment a positive decision is made.

After making a positive decision, you need to contact the bank and write an application for full or partial repayment of the debt at the expense of the funds sent by the Pension Fund. If they fully repay the debt, then it is recommended to take a certificate of debt repayment, if partially - a new payment schedule.

Partial repayment of the mortgage by maternity capital

Money can be used for full or partial repayment debt. The amount of maternity capital with which the family plans to repay the loan cannot exceed the amount of debt under the loan agreement. However, in practice, there are only a few such cases, in general, the amount of debt exceeds the amount of maternity capital.

When the bank receives funds from the Pension Fund, they are credited to the loan account and the bank recalculates the amount of the monthly payment. Credit taken for general conditions will decrease by about 15%. If, under the terms of the agreement, a moratorium on early repayment of the loan is established, then the borrower will have to make a fixed contribution within the specified time. Only after the termination of the moratorium will it be possible to repay the loan ahead of schedule.

Example. A family of 4 took a loan for 10 years for 2 million rubles. The monthly fee was 23,094.11 rubles. The family used part of the maternity capital and sent 299,731.25 rubles to pay off the debt. After offsetting this amount, the amount of the monthly payment decreased to 21,615.22 rubles.

Attention! Each mortgage loan is different. The loan repayment procedure and subsequent relationships with the bank are based on the signed loan agreement.

Requirements for the organization that issued the loan

There are also requirements for the organization that issued the loan. It can be:

licensed bank;
another organization that issued a loan secured by real estate.

Important! In practice, families that took out loans from agricultural consumer cooperatives experienced problems due to the refusal of the Pension Fund to allocate maternity capital funds to repay such loans.

The refusals were due to a letter from the Deputy Chairman of the Board of the PF, which stated that the PF had no grounds to satisfy such applications. The list included not only agricultural cooperatives, but also microfinance organizations and consumer cooperatives that issued loans secured by mortgages.

In practice, a situation has arisen where families that have received loans from agricultural cooperatives are forced to go to court, but positively judicial practice A little. To increase your chances of success, you need to check the following circumstances:

the presence in the charter of the right to conduct activities, as well as the fact of assigning OKVED codes corresponding to this activity;
availability of an approved provision on issuing loans for the purchase of residential real estate with mortgage security with the possibility of repayment at the expense of maternity capital;
the transaction must be aimed at improving the living conditions of the family.

If you receive a refusal, you should appeal it in court and seek protection of your rights.

When the repayment of a mortgage loan by maternity capital may be refused

The Pension Fund may refuse to satisfy the application for various reasons:

the right to state material support has been terminated;
violation of the procedure for filing an application;
the method of disposal of funds is not provided for by law;
the amount indicated in the application exceeds the amount of maternity capital;
limitation parental rights;
removal of a child;
non-compliance of the organization that issued the loan with the requirements presented to it.

In addition, upon receipt of an application, the Pension Fund in without fail checks for the following:

deprivation of parental rights in relation to a child, with the birth of which the family has the right to state support;
committing a crime against a child;
cancellation of adoption.

In practice, there are cases when the PF fails for formal reasons. One of the cases that happened in practice was a refusal due to the submission of an application for the disposal of maternity capital funds along with an extract from the personal account on a deposit in the name of the spouse. The refusal was challenged in court. The court recognized the right of the family to use maternity capital funds, obliging the Pension Fund to transfer Money.

Watch the video for more information

Documents for repaying a mortgage with maternity capital in 2020. We welcome you, happy owners of family happiness, but how could it be otherwise, because your family already has at least 2 children, has its own apartment, or there is a great desire to purchase one in a mortgage and in the hands of a certificate for maternity capital. It is quite reasonable to use a certificate for a partial solution of the housing issue, and in this article we will analyze the procedure, the documents necessary to repay the mortgage with maternity capital.

The law itself and the process are regulated by Decree of the Government of the Russian Federation No. 862 dated 12.12.2007. For 2019, the amount of support is 453,026 rubles.

This certificate is due to the parent at the birth (adoption) of a second child. The use of money is possible for the construction or purchase of housing in a mortgage. We do not forget about the rights of children to the acquired housing, because we spend their money.

You can pay off your mortgage with maternity capital as follows:

pay the down payment;
reduce the bulk of the debt. The most cost-effective solution with significant savings family budget on bank interest;
full repayment of the mortgage loan, if the amount is sufficient.

Conditions

And so, taking a mortgage under maternity capital, we observe the following conditions:

we buy housing only on the territory of our vast Motherland, i.е. RF;
pay the initial fee;
we spend money on paying off the mortgage of part of the principal debt, if it already was;
we pay interest on the mortgage, also if the mortgage has already been taken.

There is no deadline for disposing of the certificate, use it at any time convenient for you, but you can get it only until the end of 2022.

Where and why to go

Through a painstaking and balanced decision at the family council, the living area desired for acquisition was chosen and you are ready to make the first payment, but what is the procedure for repaying the mortgage with maternity capital and where to go first?

Let's consider two situations:

You already have a mortgage. In this case, go to the bank for a certificate of the loan balance, and then to the Pension Fund.
You are just about to apply for a mortgage. First of all, you decide with the bank (the best%, the smallest list of documents, etc.), conclude an agreement, then we do everything according to the first situation.

List of documents

List documents to the bank and pension fund.

To the bank

You should contact the manager with a request to prepare a special certificate of the balance of the principal debt for the PF.

passport of a citizen of the Russian Federation;
mortgage agreement.

After some time, you will prepare a certificate with data on the current balance of mortgage debt.

In PF

passport of a citizen of the Russian Federation;
an application for the transfer of maternity capital to repay a mortgage loan, the form will be provided in the pension fund;
certificate for obtaining MK;
documents from the bank confirming the availability of a mortgage loan (certificate, mortgage agreement, payment schedule, etc.);
bank details for the further transfer of maternity capital funds;
certificate of ownership and contract of sale of residential premises;
a notarized obligation of the borrower to register the acquired residential premises in shared ownership after the loan is repaid.

After submitting the documents, you will receive a receipt on acceptance of the documents, with the obligatory indication of the date of their acceptance. Within 1 month, after checking the documents, representatives of the Pension Fund of the Russian Federation will issue you a written decision with consent, or maybe a refusal (we will tell you about the reasons for the refusal and what to do in this case a little later).

After receiving an agreement with a positive answer, go to the bank. Next, we notify the representatives of the bank and choose the method of spending your maternity capital. In Sberbank, you just need to look at your new payment schedule in Sberbank-online. You don't have to go and do anything else. The payment from the pension fund will automatically recalculate the schedule.

After approval by the Pension Fund, the payment to the bank will be made within a month.

We use it as a down payment and the best offers from banks

IN currently quite a lot of banks accept maternity capital as payment for the down payment. The most favorable conditions are now in Sberbank and Uralsib Bank.

So in Sberbank now you can take a mortgage at a rate of 12% per annum, in Uralsib from 10.8%. At the same time, an additional down payment in cash is not required, as in VTB 24, Bank of Moscow, Raiffeisenbank. Mat. cap. counted as a down payment, but there is a special nuance.

The issuance of credit funds takes place in full and for the first 2 months (until the money from the PF comes in) you pay a mortgage from the entire value of the property. Then the maternity capital comes in and the payment schedule is recalculated. Those. after issuing a mortgage, you must quickly visit the PF with all the above documents and write an application for the use of maternity capital.

Example. Mortgage (maternity capital as PV) for an apartment worth 2 million for 10 years in Sberbank at 12% per annum. For the first 2 months you will have a payment of 28694.19 of the entire cost of the apartment (2 million), after transferring 466,000 rubles from the Pension Fund, the payment will be reduced to 22137.29. Use our mortgage calculator to calculate the payment in your case.

Reasons for rejection

After a long collection of documents, writing applications and other running around, you expect a positive result with trepidation, and in return you receive a decision with a refusal. The question arises: what could be the matter?

The reasons lie in the following:

errors were made in the application;
not provided a complete package of documents;
the applicant has committed a crime against a child;
deprivation of parental rights to a child for whom maternity capital was received;
restriction by guardianship and guardianship authorities of the rights of a guardian.

After reviewing the reasons for the refusal, we draw conclusions for ourselves. When collecting a package of documents and filling out applications, be careful, it is better to double-check and ask several times than to waste time and nerves when re-submitting.

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The law on maternity capital has been in force for a whole five years. But many families still have a vague idea of this form of state support. What is this strange “capital” that cannot be cashed out? Is it necessary to wait until the child is three years old before disposing of the money? Is it possible to pay off a mortgage loan with the help of maternity capital, and if so, how?

Before talking about the features maternal mortgage”, let's recall a few important legal details.

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.
The procedure for providing maternity capital is determined by Federal Law No. 256-FZ of December 29, 2006 and applies to all Russian families in which a second child was born or adopted after January 1, 2007. If at the birth of a second child the right to receive maternity capital was not issued, then these funds can be provided once at the birth or adoption of subsequent children.
In addition to the “federal” maternity capital, there are also regional ones (the amount 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, the regional maternity capital in the amount of 350 thousand rubles officially began to be issued in the Yamalo-Nenets autonomous region(for women who have lived in its territory for at least 5 years). In the Voronezh and Irkutsk regions, from January 1, 2012, regional maternity capital is paid, but its amount is less: 100 thousand rubles.
According to the law, the right to maternity capital is certified by a personal certificate. This certificate is valid only if there are documents proving the 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 consideration of 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 canceled if the funds are used to improve housing conditions and mortgage payments.

Conditions for repaying a mortgage with maternity capital

It is officially allowed to extinguish a mortgage with the help of maternity capital from January 1, 2009. From the point of view of many couples, this investment option can be called optimal. Especially if the family is eligible for the program " social mortgage"- in this case, the maternity capital covers 30-40% of the debt.

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

The first and most important condition: real estate purchased using maternity capital must improve the living conditions of the family and be located in Russia.
The second condition: maternity capital can be used for any mortgage purposes - making a down payment, repaying the principal debt, paying interest. A limitation also arises here - it is impossible to pay off penalties, fines and commissions on overdue mortgage debt with maternity capital.
The third condition: housing purchased on a mortgage with the help of maternity capital must be registered in the shared ownership of parents and children (as well as other relatives living together).
The fourth condition: you can use maternity capital to pay off the mortgage without waiting for the child to be three years old. At the same time, both the mother of the child and his father can act as the main borrower on the 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.

The procedure for using maternity capital to pay off a mortgage

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

First stage: visit to the bank

You must notify your lender of your intention to pay off your mortgage with maternity capital. They do not have the right to refuse 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 title documents for the apartment (house or room) you purchased and pledged.

Second step: submitting an application 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 an 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 the second round.

List of documents for applying to the Pension Fund:

Documents proving the identity, place of residence, citizenship of the person who received the certificate for maternity capital;
Certificate for maternity capital;
Credit (mortgage) agreement;
A certificate from the bank, which indicates the amount of the balance of the debt on the loan;
Certificate of state registration of ownership of residential premises acquired using borrowed funds.
A notarized written obligation of the person in whose ownership the housing was purchased to register it as the common property 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 call the territorial office of the Pension Fund and clarify whether all necessary information in your hands. Specify also which documents are needed in originals and which ones in copies. But to make sure from all sides, keep both copies and originals with you. Copies of especially important documents should be notarized in advance.

Third step: get a receipt

Formally, no documents should be lost in state institutions. But in practice, anything can happen. Therefore, do not forget that the registrar who accepted your application 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 by law does not exceed one month from the date of submission, but de facto it is rarely less. After the decision is made, the applicant (that is, you) is sent a notification about what the officials decided in your case.

Step Five: Recalculate Your Monthly Payments

In case of a positive decision on your application, the Pension Fund is obliged to transfer funds to a 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 a mortgage loan by maternity 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 your loan repayment period reduced or your monthly payment reduced. 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 an investment mat. mortgage capital

Banks usually do not create obstacles for borrowers who want to pay off a mortgage 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 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 possible reasons failure.

Here are some reasons for refusing to use maternity capital to pay off a mortgage:

An incomplete package of documents was provided and / or the documents were issued with errors.
The amount indicated in the application exceeds the amount of maternity capital or its remaining part.
The holder of the certificate is deprived of parental rights in relation to the following children:

A 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 arose.

In relation to his child (children), the person who received the certificate has committed an intentional crime against the person.
Cancellation of the adoption of a child, in connection with the adoption of which the right to maternity capital arose.
The selection by the guardianship authorities of the child, in connection with the appearance of which the right to maternity capital arose. The waiver extends 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 of the above list (errors in documents and too much requested amount). But eliminating them is relatively easy - 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 the right to appeal by contacting a higher instance of the Pension Fund or a court.

But as practice shows, most applications for maternity capital funds in order to repay the mortgage have a happy ending. The bureaucratic ordeal associated with this process is not very pleasant, but the result - the early acquisition of your own housing - is worth it.

Anastasia Ivelich, expert editor

You can receive maternity capital from the pension fund immediately after the birth or adoption of a child. Please note that this is not cash, but a certificate confirming your right to receive a subsidy from the state. By general rule You can use the mother's capital when the child is three years old, but you can pay off the principal debt on the mortgage or make a down payment immediately after the birth of the child.

Housing can be issued for all or only for one of the family members: the mother - the owner of the mother's capital, her official husband, or for an adult child. Family members include the mother, her children and official spouse.

If the official spouse is the mortgage borrower, the owner of the mother capital may not participate at all as a co-borrower. A bank loan provided upon application with the provision of a marriage contract, according to which one of the spouses becomes the owner of the home, in conjunction with the obligation to allocate shares, allows the use of maternity capital.

How to invest maternity capital in a mortgage for a down payment

If you got the right to maternity capital before you took out a mortgage, you can partially or fully pay state subsidy mortgage down payment. The law does not provide for any restrictions and conditions, it is mandatory to report some own money, but banks lend only to those borrowers who have their own savings for a down payment - this is a requirement of lending programs. Therefore, it is better to collect and add to the maternity capital funds 5-10% of the cost of the apartment.

To pay a mortgage with maternity capital, you need to write in the mortgage application that the down payment will be paid from maternity capital. Along with other documents required by the bank for consideration of the application, attach a certificate from the Pension Fund of the Russian Federation on the balance of funds in the account to the application. This is due to the fact that the capital can be spent in installments, and even used to pay for two mortgages if necessary. This means that the bank must make sure that not all of the mother's capital has been spent yet, and will take into account the rest of the amount.

The certificate will need to be taken at the branch of the pension fund, if you present a passport and a certificate for maternity capital - therefore, it will need to be obtained in advance. Production time is three working days. The owner of maternity capital can order a certificate through the public services portal and then come to receive it by presenting a passport.

If the bank approves your application and grants a loan, you will receive all the money, including the amount that falls on the down payment. After acquiring an apartment, you will have to contact the FIU so that it transfers the money due to you to the bank, and part of the debt would be repaid by the capital.

Since the bank will charge monthly payments based on the entire amount of the debt, it is in your best interest to take care of the transfer as soon as possible while you are dealing with the issue of transferring money. Often, banks themselves indicate in the loan agreement the date by which you must transfer the maternity capital money. Usually 3-6 months are given for this. If the amount is not received on time, the bank will apply penalties to you. To avoid a fine, you will have to look for options to deposit an amount similar in size to the mother's capital and deposit for redemption. This is acceptable, since the bank doesn’t care what funds you use to pay off, but it’s difficult for you - you have to figure out where to get the money.

After the bank receives money from the pension fund, it will recalculate the loan amount for you and reduce the payments or the loan term.

In order for the FIU to transfer mother capital to the bank, it will be necessary to take a certificate from the bank, draw up a notarial obligation, write an application to the FIU and submit it with the same package of documents that is necessary to repay the mortgage. The collection of documents and consideration of the application by the fund will take approximately one to two months.

A mortgage with maternity capital admits that, in agreement with the bank, an apartment can be immediately issued to all family members, but rarely which bank agrees to this. If you are lucky enough to apply to such a bank, you do not need to make a notarial obligation.

How to pay off a mortgage with maternity capital

Get a bank loan certificate

The certificate will indicate the amount of debt, unpaid interest, the number and date of the loan agreement, the details of the borrowers, the details for which maternity capital will need to be transferred. Pawn a few days to receive it - usually banks do not issue it immediately.

You will submit this document to territorial authority FIU to confirm that you have a mortgage. When you order, be sure to say that you need a certificate for the FIU, so that it can be issued according to a special template.

Sign the commitment at the notary

Most often, a mortgage is drawn up for one adult family member. Moreover, as a rule, they first receive a mortgage and buy housing, and after that the family decides to use maternity capital. While the pension fund allows you to spend mother's capital on the purchase of housing only on the condition that the housing will belong to all family members. Registration in common shared ownership for all or a mixed option is allowed - when the mother and her spouse register part of the housing for themselves in joint ownership, and part is transferred to the children in shared ownership.

To solve this problem, the FIU is ready to meet halfway and issue a certificate before housing is issued for all family members. But the pension fund needs a guarantee that the family member for whom the loan is issued will still re-register the property immediately after the mortgage is paid. Such a guarantee is an obligation certified by a notary, by which a family member for whom a mortgage and housing has been issued confirms that within 6 months from the moment the encumbrance on the mortgage is removed, he will re-register the housing for everyone.

The obligation provides that the share will be allocated to everyone who will be part of the family at the time of fulfillment of the obligation. For example, if the spouses divorce, the owner of the mother capital may not allocate a share in housing ex-husband- after all, he will cease to be a member of the family. And if another child is born, he will also need to allocate a share, even if at the time of signing the obligation it did not yet exist.

Children who have reached the age of majority by the time the mortgage is paid off have the right to refuse a share in this apartment - for example, if they are going to participate in the housing program in the future. And some parents do not specifically repay the loan at all and do not remove the burden until the child reaches the age of majority, even if there are minimum payments left, so as not to include him among the owners. But this is allowed only if it is in the interests of the child. If a child who has reached the age of majority wishes to receive a share in this apartment, then he must be included.

The notary must provide the originals:

passports of the family member who signs the obligation
marriage certificates
maternity capital certificate
purchase and sale agreements or shareholdings
extracts from the USRN on registered rights to real estate
loan agreement

It would be easier and cheaper to immediately allocate shares to all family members, because the execution of the obligation will cost 2 thousand rubles, and then you will have to pay for the services of a notary again - when it is time to fulfill the obligation and allocate shares to all family members. But there are very few banks that allow you to give property to minor children. By the way, if you draw up mixed property - shared for children and joint for spouses, you can not pay for notary services upon allocation.

An additional complication is that it would be necessary to take permission from the guardianship authorities, since the entire apartment, including the shares of children, will remain pledged to the bank. There is no guarantee that the guardianship authorities will give such permission, and it will take about two weeks to consider the application. It is impossible to obtain permission in advance - first you must find housing, get approval from the bank for it and collect a complete package of documents for the transaction. Sometimes it happens that in relation to one bank, the guardianship will agree on permission, and in relation to another, it will refuse. Therefore, first of all, to save time, the participants in the transaction choose the option with a commitment.

The law does not stipulate a certain amount of the share, but there are requirements for the actions of notaries who are required to correctly calculate the minimum share: the value of the housing share must be no less than the size of the subsidy share for each family member.

For example, you buy an apartment for 3 million and use the entire maternity capital - 453,026 rubles. Let's say your family consists of three people - a mother and two children. In this case, children are advised to allocate at least 3/50 of the share. The cost of such a share is 3,000,000 x 3/50 = 180 thousand rubles, and the amount of the subsidy is 453,026/3 = 151,008 rubles. It turns out that the share of each child will cost more than this amount. As a result, each child will be allocated 3/50 and mother - 44/50.

Sometimes the parental share is reduced, and the children's share is increased - then in the event of a subsequent divorce of the parents, only a small part of the housing will be divided.

Apply to the FIU

The pension fund has no right to dispose of your funds and cannot transfer money due to you to a mortgage account without your application. You can submit it to the pension fund branch, through the multifunctional center, through the public services portal or Personal Area on the FIU website. It is better to sign up for the delivery of documents in advance, because you will have to hand over the entire package. The application form and attachments to it are available on the website of the Pension Fund of the Russian Federation and in the department of the pension fund. If you fill it out in advance, you will be able to submit documents faster.

Please note - in the column "purpose of payment" you need to enter the following wording: "As a repayment of the debt for mortgage loan on the basis of Appendix No. 2".

Documents for paying off the mortgage with maternity capital, which must be attached to the application:

an identity document of a person entitled to receive maternity capital;
certificate for receiving mother capital;
mortgage lending agreement;
documents for housing - a contract of sale, a certificate of state registration of rights or an extract from the USRN;
a certificate from the bank reflecting the amount of debt, made in a special form for the pension fund for the capital - it will contain the details for transferring the subsidy;
a notarized obligation of the borrower to allocate shares.

The application can be submitted in person or through a representative. The powers that you transfer to him must be fully and accurately recorded in a notarized power of attorney.

If you received the certificate in another city or region, you can go there yourself or give a power of attorney so that the package of documents is handed over for you at the place where the certificate was issued. As an option, you can first transfer the subsidy funds to a new place of residence (it will take about 1 month), and then contact the FIU. In this case, you will need to make sure that at the time of applying, the expiration dates of the documents have not expired. Otherwise, you will have to receive and pay for them again.

Wait for a response from the Pension Fund

The FIU reviews the submitted application within a month. You must be notified of the decision made within five days after the expiration of the one-month period. But it is better to take control of the process and periodically find out on your own. The pension fund may decide to approve the payment of the mortgage using maternity capital or to refuse.

You may be denied for the following reasons:

misunderstood commitment. There is no single form of document in the law; each notary draws it up in his own way. And if co-borrowers, third parties participate in the loan agreement, then the FIU may treat them as future applicants for housing - after all, if the co-borrower makes monthly payments under the loan agreement, he has the right to demand a share. A negative decision of the PFR on such a basis can be appealed by attaching a notarized refusal of these co-borrowers from the requirement to allocate a share in the apartment;
unsuitable, according to the FIU, object. For example, a house with a lot of wear or a long year of construction may cause fund employees to suspect that you are going to buy dilapidated housing. Employees of the pension fund will make a request to the municipal authority regarding the object, and further actions will depend on the response received;
a nominal account without specifying the buyer, which is used by some banks. A nominal account is an impersonal bank account to which credit money is credited. Only the seller can remove them from there, when he provides documents on the sale of his apartment to a specific buyer. If the transaction does not take place, the bank will take the money back. But if the buyer is not mentioned in any way in connection with the account, the FIU will not see the connection with the payment for the transaction and will refuse to transfer;
the purpose of the loan is not only the purchase of an apartment, but also renovation. Such mortgage loans have the right to exist and are in certain demand, but they are not compatible with maternity capital. The way out is to change the wording: "for the purchase of a dwelling and inseparable improvements in it."

If the FIU refuses, you can appeal the refusal. The complaint must be submitted to the head of the department or to a special department of the pension fund. The answer will be given in five days, if the refusal was due to a problem in paperwork, or in fifteen, if it was refused due to some problems with the maternity capital itself.

If the application is approved, the money from the pension fund will be credited to your account within 10 business days. And if, when submitting an application, you indicated the purpose of the payment “As a repayment of a debt on a mortgage loan,” bank employees will credit the money received towards the mortgage.

Apply to the bank

You have the option to reduce your monthly payment or shorten the loan repayment term. But such a choice is possible if it is provided for by the terms of your contract. Some banks prescribe in the contract in advance, against which the additionally paid amount will be counted - to reduce the term or amount of the payment. But if it is possible to decide for yourself, be sure to write an application to the bank, in which you indicate your preferences. The application must be submitted before the money arrives.

Remove the burden and distribute the shares

If the mortgage loan is repaid in full as a result, remove the encumbrance imposed by virtue of the requirements federal law dated July 16, 1998 No. 102-FZ “On mortgage (mortgage of real estate)”.

And do not forget to distribute the shares - you will have six months for this. During this period, it will be necessary to sign an agreement on the distribution of shares. If you purchased housing under construction, then you need to allocate shares if two conditions are met: the delivery of the house and the removal of encumbrances. In this case, the statutory 6 months are counted after the last of these events. It will be possible to sell housing only after the allocation of shares and obtaining consent from the guardianship authorities.

Father's capital

It is likely that in the near future it will be possible to spend not only maternal, but also paternal capital on a mortgage.

Such a proposal was made in the report of the commission Public Chamber family support, motherhood and childhood. This is a subsidy that is proposed to be paid when a third child appears. In the original version, it is assumed that it will be possible to obtain it on the condition that the parents are in a registered marriage, and all children are born and raised in the same family.

At the same time, the “father's capital” will be added to the mother's, and not exclude it - this is an additional measure of financial support. It is assumed that the amount of payment to fathers with many children will be comparable to maternity capital.

Paternal capital, according to the idea of the initiators of the innovation, should be paid once, provided that all children are born and raised in the same family in a registered marriage, since, according to the authors of the project, this is not only financial support, but also an incentive for responsible fatherhood and the well-being of a stable large family families.

The implementation of a new set of measures is supposed to begin with the regions Far East, and then the Kaliningrad region, Sevastopol and Crimea are planned to be included in the number of pilot regions of the first stage. At the second stage, the program will include demographically depressed regions of the Central and Northwestern federal districts, and at the end - all the rest. The initiators suggested starting with the regions of the Far East due to the fact that 5.5% of the country's population lives there, and the implementation of the project will require 70-80 billion rubles for five years.