Taking an apartment on a mortgage is sometimes the only way to get a living space. But it is worth weighing your financial capabilities. For debts on housing and communal services, noise or redevelopment, the creditor does not expel tenants. If you owe a mortgage loan, the bank will seize the property and evict the tenants. The lender has the right to do so. If the debtor has an unstable financial situation or has minor children, dependents with disabilities, or he himself is disabled, this does not exempt him from collecting mortgage debts through the seizure of real estate and eviction.

Reasons for moving out of a mortgage apartment

Eviction from an apartment taken on a mortgage for debts is the most common case of eviction from mortgaged housing. According to the loan agreement, the owner is obliged to pay the mortgage every month according to the established schedule. The agreement specifies the interest rate and overpayment on the loan. The bank does not remind you that you need to pay the mortgage, the lender himself pays the fee according to the schedule to the bank account. The obligation to independently monitor the payment of a loan for an apartment is indicated in the Federal Law of the Russian Federation.

Debt

What should be the debt to be evicted from a mortgage apartment? A citizen who has not paid a loan is not evicted from housing for one or two months on a mortgage. The amount of the debt is not determined by law, but if the mortgage is not paid within six months, the bank files a lawsuit to evict the owner and transfer the property to the creditor.

Eviction of a large family

The status of a large family may incline the court in the direction of the defendant, but according to the law, this is not a reason. If the housing taken on credit is the only one where small children live, the court may order the borrowers not to leave the housing, establishing a moratorium on the seizure of property for a year. The borrower is required to begin immediate mortgage payments by paying the delinquency on time. If a year later the mortgage debt is not repaid, the bank evicts the family from the living space.

With a small child

Eviction from mortgage housing is legal under a contract with a bank and under the Federal Law of the Russian Federation. The mortgagee, who applied to the court with the recovery of funds for real estate, and sold it, evicts the owners living in the apartment. By law, property acts as collateral and is transferred to the creditor to pay the debt.

The housing is sold at a public auction or transferred to the bank if it is not sold. The ownership of the mortgaged apartment sold at auction is received by the new owner. He has the right to expel through the court those who previously lived in the apartment without taking into account the circumstances. The owner files an application to the court to recognize the former tenants as having lost the right to own the apartment, even if this is their only living space.

Established a ban on the eviction of tenants from housing for debts, if this is the only housing that they have. This provision does not apply to mortgage loans. Therefore, the court has the right to satisfy the bank's request for the recovery of mortgage debt through collateral. Eviction from a mortgage apartment with a young child - is it legal?

The Mortgage Law determines that if a bank owes a loan, the contract is terminated and the lender is evicted from the home, even if he has young children. That is, the presence of children in the borrower does not prevent eviction from mortgage housing. By court decision, bailiffs remove children from registration in the FMS. The lender does not provide the minor with alternative housing. There is only one way out for the debtor - to apply to the municipal authorities, recognizing himself as legally indigent. The state provides assistance under state programs for obtaining social housing.

Disabled

Eviction from a mortgage apartment for the debts of a person with limited ability to work is spelled out in the law. When mortgage housing is sold by a bank, its owner changes. The new owner has reason to write out citizens living on the territory of the living space, even if they are small children or people with disabilities. The money from the sale of mortgage housing is used to pay the debt, interest and legal costs. The bank returns the remaining amount to the debtor. If there is enough money, he buys more affordable housing with this money.

Who can't be evicted from a mortgage apartment?

The only reason a court can soften the decision to evict a mortgaged apartment is if the borrower has young children and there is no alternative housing. In this case, the court suspends the collection of the bank so that the debtor can pay off the debts.

A lawyer will help decide the outcome of the case in favor of the defendant, it is difficult to do it on your own. Even for a large family, the court may not agree to a meeting, and satisfy the bank's petition. If with the help of the information provided you could not find the answer to your question, ask our lawyer. You will receive an immediate response.

Mortgage is an example of inconsistencies in Russian legislation. Everyone has the right to housing (). But if the apartment is the subject of a pledge (), all tenants are evicted to the street, without exception.

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No rules or laws apply to the system. All orders of the Supreme Court are cancelled. Also, the interests of vulnerable segments of society are not taken into account:

  • disabled people;
  • pensioners;
  • children.

It is almost impossible to do something and not be on the street. The only protection from the creditor is the federal Housing program, which includes a number of subjective projects:

And an independent appraisal of the value of housing. To reduce the principal.

The state created conditions for the banking sector, since it is the backbone of the country's economy, but at the same time exposed its citizens to a significant risk of eviction. Plus unreasonable interest on a housing loan.

For comparison, in Western countries, the average rate is 2-4% per year. In Russia, this figure is 13-15%.

Mortgage concept

A mortgage is a long-term loan secured by real estate. It can be of two types:

The average mortgage term in Russia is 7-15 years.

Types of collateral:

The legislation provides for two types of collateral for issuing a housing loan. But In practice only one is used.

Real estate loans are governed by Federal Law No. 102, which explains and controls every action on the part of the borrower and lender.

The main idea of ​​the law is timely payments and maintenance of property in proper condition.


The borrower cannot do whatever he wants with the housing. Such property cannot be:

  • sell;
  • give;
  • bequeath;
  • change.

But on the condition that the bank did not give its permission for these actions.

At the same time, the borrower may, without the consent of the lender:

The lender may require the client to pay the mortgage ahead of schedule if the terms of the contract are violated and take the housing to its balance sheet ().

Delay

The main reason for eviction from an apartment on a mortgage is the delay in the monthly payment. When a home loan is issued, an agreement is drawn up, which indicates the exact payment schedule. Interest and overpayments are also listed.

The lender should not remind the borrower of the timely deposit of funds to the current account. The client is OBLIGED to independently monitor the receipt of money (FZ-353).

In practice, after six months of delay, the borrower is evicted, and the property is transferred to the bank's balance sheet.


Causes

Debtors have approximately the same conditions for the occurrence of delay. People constantly step on the same rake. And the result is deplorable - the alienation of real estate and eviction.

Main reasons:

Difficult financial situation.A long term mortgage does not make it possible to predict material income. It is not known what will happen in five or ten years.
Illness or disability.The borrower takes a long sick leave and, as a result, his income is reduced.
Misunderstanding the terms of the contract.The borrower does not understand the exact dates for making payments, operating the property, moving in other tenants, third party claims, etc.
Entry into places of detention.As a result, the inability to pay the loan on time.
Death of the borrower.Relatives do not understand what to do with the mortgage and as a result stop paying.

Pre-trial work

It is unprofitable for the bank to evict the borrower to the street from the mortgaged apartment. Therefore, the debtor can be provided with comprehensive assistance. For example, to do debt restructuring.

Mortgage restructuring - reducing monthly payments by increasing the loan term.

Additional points:

Alienation of an apartment and its further sale requires additional money and time costs. Therefore, lenders initially try to help borrowers.

Notifying the borrower about the untimely fulfillment of his obligations under the contract and his further eviction from the apartment is part of the pre-trial claim work.

For a bank, it is a prerequisite before going to court. Otherwise, the claim may be denied until the violation is corrected.

The judge must see that the creditor tried to help the debtor in the available ways, but no payments were received. On this indirect basis, a person is deprived of housing.

Also, the claim will include the final claim issued by the bank. Usually this is the total amount of the debt and its maturity date.

After receiving this requirement, the debtor cannot pay the mortgage in installments. He must pay the creditor in full.

Sending a notice to a debtor is regulated.

The bank sued

Lenders apply to the bank at the place of registration of the pledge. As a rule, the debtor himself is also registered there. Usually, the mortgage agreement prescribes the court in which the hearing will take place in the event of a dispute.

Jurisdiction is determined according to and is also indicated in the clauses of the contract. Mortgage eviction cases are handled by district courts.

The court may dismiss the claim if the amount in dispute is insignificant and does not exceed 5% of the value of the pledge, and the delay is less than three months ().

Who can evict

Not only bailiffs, but also the lender himself can evict from housing on a mortgage. Moreover, it is possible to do this without going to court if this condition is indicated in the contract ().

Eviction by bailiffs:

The bailiff is guided by Federal Law No. 229 and evicts the debtor and other persons registered in the apartment as part of the initiated enforcement proceedings.

The bank will not provide other conditions for living to a minor.

The only way out for the debtor is to recognize him as indigent and provide assistance under the government program "Housing". The name of the projects in which the borrower can participate is determined by local governments.

The prosecutor is involved if the following are involved in the eviction:

  • minor children;
  • the poor;
  • pensioners;
  • disabled people;
  • citizens who are not aware of the consequences of their actions (illiterate or registered in the PND).

Mortgage is the main example, on the basis of which inconsistencies in Russian legislation are clearly visible. According to the Constitution, every citizen has the right to housing, however, if he bought an apartment with a mortgage, there is a great chance that the property can be taken away for non-payment of the loan.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The only way to guarantee not to stay on the street is to take advantage of one of the state social programs, such as "military mortgage", "young family" and others.

Foundations

A mortgage is a long-term loan for the purchase of an apartment.

Mortgages are of two types:

The basis on which an apartment purchased with a mortgage can be taken away is non-payment of the loan.

There are several reasons for non-payment:

  • difficult financial situation. The main disadvantage of a mortgage is that it is almost impossible to predict whether it will be possible to repay it in 5 or 10 years;
  • reduction in income as a result of a protracted illness;
  • non-performance or misunderstanding of the terms of the agreement concluded with the bank;
  • violation of the law and getting into a place of deprivation of liberty for a long time;
  • the death of the borrower, relatives can not assume the obligation.

During the trial, the whole situation will be considered, the court takes into account factors such as:

  1. Continuation of payments by the borrower, but a decrease in the amount of payments due to a difficult life situation that has arisen.
  2. Job loss, prolonged illness.
  3. Taking measures for pre-trial settlement of the situation - applications were submitted with a request to suspend payments, restructure or refinance the loan.

Eviction from an apartment purchased on a mortgage and pledged to a bank is possible only in one case - if the borrower does not repay the loan for a long time. The eviction process can only be started by a court decision and only after the fact of non-payment of the loan has been proven.

The bank goes to court at the address where the debtor is registered and files a claim. The mortgage agreement often prescribes the name of the court to which documents will be submitted in the event of a delay.

The procedure for eviction from an apartment purchased with a mortgage is carried out as follows:

  • the bank is trying to resolve the situation before going to court - it sends letters to the debtor, calls and warns of the need to make payments on the loan. If the debtor ignores calls and messages, documents are prepared for submission to the court;
  • a claim for debt collection is drawn up and submitted to the court;
  • after the court satisfies the claims, the method of implementing the penalty is chosen - most often, the apartment is sold at auction.

There can be only one reason for eviction from an apartment taken on a mortgage - non-payment of the loan. Since the apartment is pledged to the bank, eviction is not possible for other reasons, but as soon as the mortgage is paid, the property can be taken away for other debts, the amount of which is comparable to the market value of the apartment.

What to do when moving out of a mortgage apartment

The bank does not receive any benefit from the eviction of the borrower and the sale of the apartment at auction at a lower cost.

The lender makes concessions and offers the client one of several options for resolving a difficult situation:

  1. The most common option - restructuring, is used when a person reduces the amount of payments. Due to such a decrease, the total repayment period of the loan increases.
  2. Deferred payments - credit holidays. For a certain period, the client is released from paying the mortgage, after which payments continue in full. The maximum vacation period is six months. To get them, you need to prove to the bank that a difficult situation has really arisen, for example, the client was fired from work or forced to go for long-term treatment.
  3. The lender can help the client by writing off some interest, penalties and other payments.
  4. If the client is eligible for state support, he can submit the relevant documents and some of the debt will be paid by the state.

In the event that the apartment is alienated, the bank spends time and money to sell it, so this option is carried out only in the most extreme cases.

It should be understood that even if the only housing was purchased with a mortgage, the bank does not provide the client with a place for further residence.

If there are minor children

In the case of a mortgage, a child is not a reason for the eviction to be terminated, or even suspended. Specialists, using enforcement proceedings, remove the minor from registration with the Federal Migration Service.

The only way out of the difficult situation for the debtor is to apply for state assistance under the Housing program, where he can count on receiving an apartment after he is recognized as indigent.

When a minor is evicted from an apartment, a prosecutor must be involved, who ensures that no illegal actions are committed.

It is possible to evict a child from an apartment only in a judicial proceeding, in addition to the prosecutor, representatives of the guardianship and guardianship authority should be involved in the case.

Despite the fact that the rights of the child must be protected in accordance with the Constitution of the Russian Federation, he does not have special privileges, since all citizens of the country are equal before the courts and the law.

Children under the age of majority are evicted from the apartment along with adults, and persons with disabilities are also subject to eviction.

Can they give a deferment?

The issue of granting a delay most often arises in the process of pre-trial proceedings. If the client wants to resolve the dispute and eventually pay off the mortgage, the bank most often goes to meet him and offers various options that can be applied in a particular situation.

In order to receive a deferment, it is necessary to provide the bank with documents that will serve as confirmation that the client has a difficult life situation, as a result of which it is impossible to repay the loan.

Documents for confirmation:

  1. A child's birth certificate is provided if the woman paying the mortgage is on maternity leave.
  2. A copy of the work book from the page where the entry was made about the dismissal of a citizen from his place of work.
  3. Medical certificates confirming that the borrower or his close relative is in serious condition and needs inpatient treatment.

A deferment is granted only if there is effective, serious evidence that the borrower has a difficult financial situation.

First of all, the bank will offer to change the terms of debt repayment - for example, the amount of the monthly payment will be reduced. If the client is unable to pay even a smaller amount, credit holidays are given, during which the citizen must recover and continue to repay the mortgage.

Arbitrage practice

The courts consider cases on debt collection from a bank client by alienating property that is pledged and selling it at auction.

One of the conditions for making a decision in favor of the bank is a pre-trial settlement of the situation and the absence of payments from the client within 6 months.

Among the documents submitted to the court, the bank provides a printout of calls and visits to the client demanding repayment of the debt and a warning of possible eviction in case of non-payment of mortgage payments within a certain period.

You can get acquainted with the judicial practice in cases of alienation of a mortgage apartment.

Today, socially protected citizens can turn to the state for help, even if the court ruled in favor of the bank and the apartment was sold at auction. The state is striving to create such a system of lending, in which it would be possible to provide housing for all citizens.

After a decision is made in favor of the bank, the apartment is sold and the proceeds go to cover the mortgage, expenses, including legal ones.

Eviction from an apartment is a big nuisance that is best avoided. If a person does not have the opportunity to make payments for a mortgage, one should not avoid calls and letters from the bank, but, on the contrary, make contact and try to resolve the situation in the best way.

A mortgage is a long term secured loan. Any real estate, including the subject of lending itself, can be the subject of collateral. Mortgages are classified as earmarked and unearmarked. Target mortgage is characterized by: non-cash payment, and the subject of collateral is the acquired property.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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In non-targeted lending, funds are given into the hands of the borrower. In this case, the real property of the borrower must be pledged. A mortgage is a debt obligation that is taken by the borrower for an average of 10 years.

Causes

The most common reason why a lender may require you to leave a home on a mortgage is loan debt. These are multiple delays, penalties and fines. With a long non-payment of mandatory payments, the borrower runs the risk of being left without a roof over his head.

When drawing up a mortgage contract, a payment schedule is attached to the contract. The schedule contains specific dates within which monthly payments are made, as well as interest on the loan and the final overpayment.

On a legislative basis, the borrower independently checks the reliability of the payment and the receipt of funds to the credit account.

Debts on regular payments within six months is the basis for eviction.

The main causes of debt and eviction:

  • Difficult financial situation. The long-term mortgage makes it impossible to calculate the future income of the borrower.
  • Severe illness loss of capacity. Making a sick leave change the income level of the borrower.
  • The crime committed by the borrower and stay in places of deprivation of liberty.
  • Death of the borrower.

Legal regulation of the issue

The legal basis for financial relations when applying for a mortgage is the Mortgage Law.

The essence of the law is to ensure that mortgage payments are obligatory and that real estate is kept in good condition. When signing the contract, the borrower does not become the owner. All property belongs to the bank until the full repayment of the loan.

At the same time, the borrower cannot dispose of housing, namely, sell, donate, bequeath, change.

At the same time, the borrower can legally rent out the purchased housing for a long time, as well as register someone in his living space, and make major repairs.

Mortgage is one of the phenomena of the legal life of a person, which indicates the imperfection of Russian legislation, its inconsistency and the possibility of different interpretations. Evidence of this is the comparison of articles 40 of the Constitution and 223 of the Civil Code, which stipulate the right of a citizen to housing and the right of a credit institution to evict him for debt.

The right to evict the debtor cannot be challenged. No laws and norms help and are not able to protect even the unprotected segments of the population.

Eviction from a mortgage apartment

Eviction from housing taken on credit is not uncommon. Mortgage lending is a long-term process.

No person can be sure of his solvency in 5-10 years. There are certain nuances to the eviction of tenants in each case.

For non-payment

Non-payment on the loan entails from the housing acquired in the mortgage. If the debt obligations are not fulfilled by the borrower, then the property will be seized and sold at public auction in favor of the debt. If the housing is not sold during the public auction, it goes to the bank's balance sheet.

Eviction for non-payment occurs when there is a long delay in making payments, after the credit institution applies to the court and the court decides in favor of the bank.

The debtor has a chance to remain in his own interests if:

  • the borrower does not refuse debt obligations;
  • the borrower has lost his permanent place of work;
  • the borrower took an active part in solving the problem, asked for restructuring, deferment.

With minor children

Living in a child's mortgage housing is not a reason to forgive the debt. Enforcement proceedings provide for the removal of minor relatives of the debtor from the register of the FMS. The Bank is not responsible for the future disposition of the debtor's family.

Often the only way out of a difficult situation is to receive the status of the poor and state assistance. The residence of minors in an apartment owned by the bank makes it necessary for the prosecutor to participate in the eviction process.

If the only housing

If the housing purchased on credit is the only one of the borrower, then this does not change the procedure for his eviction. The only concession may be the postponement of the sale of this living space, but not more than 1 year.

The property that belongs to the creditor will still be taken away. This is one example of the inconsistency of legislation, namely in Federal Law No. 102 with the Housing Code and the Constitution.

Procedure

There is a certain procedure for eviction from mortgage housing in the presence of debt.

Pre-trial work

Any credit institution is not interested in evicting the debtor. In order to ultimately profit from a credit transaction, the bank makes all sorts of concessions. One common solution to the long-term debt problem is debt restructuring. Restructuring means a reduction in the amount of the mandatory payment and an increase in the repayment period of the loan.

Before going to court, a credit institution is ready to meet the debtor halfway and take the following measures:

  • Credit holidays. The schedule of mandatory payments indicates a break, but not more than six months. The loan must be repaid within the specified time period.
  • Reducing debt by writing off interest, fines, penalties or penalties.
  • Governmental support. Part of the debt can be paid from the budget with the participation of debtors in social programs.

Eviction Notice

Before filing, the credit institution is obliged to send the debtor a written notice of eviction. The notice is evidence of the bank's pre-trial work to possibly prevent eviction and independently resolve the debt problem.

The notice of eviction from the mortgaged apartment contains data on the full amount of the debt, the term and procedure for repayment.

This notice implies the termination of monthly mortgage payments, full payment of the debt. This is due to Art. 55.2 FZ-102.

Bank's litigation

The bank applies to the court at the place of registration of credit security. The procedure for solving problematic situations is prescribed in the contract. The possibility of resolving a conflict situation in court is provided for in Art. 52, and also spelled out in the loan contract.

The decision to evict the debtor can only be taken by the district court. The decision may be in favor of the debtor in such cases: if the amount of debt does not exceed 5% of the loan, and the last payment made was not earlier than three months before the case was considered in court. This nuance is stipulated in Art. 54.1 FZ-102.

Can it be delayed?

The issue of deferral of debt obligations is best raised during pre-trial practice. A credit organization will always meet the needs of a debtor who wants to pay off a mortgage.

The need for a delay must be documented, namely:

  • If a woman pays a mortgage and she goes on parental leave, then the child's birth certificate must be submitted to the bank.
  • Upon dismissal from work, the borrower provides a copy of the work book with a record of dismissal.
  • Certificates confirming the serious state of health of the borrower or his close relative.

If there are arguments in favor of the delay, the bank goes towards the debtor.

Arbitrage practice

The bank can return its funds in a judicial proceeding. Only a court decision can transfer the pledged property in favor of a credit institution. This is possible if the credit institution conducts all pre-trial measures to resolve the problem, as well as in the absence of mortgage funds within six months. Evidence of the pre-trial work of the bank may be a printout of calls from bank employees to the debtor.

A court decision in favor of the bank can be challenged. Appeal against eviction from a mortgaged apartment is usually carried out with the assistance of government programs, the purpose of which is to make lending for the purchase of housing more affordable.

Credit is often the only way to buy a home for an average income family in 2019. Mortgages can be an ideal housing solution if taken care of. Insurance, timely payments, and planning your expenses will help you avoid financial trouble and eviction.

On video about eviction from mortgage housing

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  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
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Eviction from a mortgaged apartment due to debt to the bank is an almost inevitable prospect for those citizens who have lost the opportunity to regularly pay the loan and could not agree on a peaceful solution to the issue with the lender.

Why does the bank have the right to take away housing bought with a mortgage, how does the forced eviction procedure take place, can it be avoided? The answers are in our article.

Why can they be evicted?

Mortgage is a type of long-term mortgage lending. In the form of a pledge, on which a corresponding encumbrance is imposed, most often it is the acquired living space that acts.

Despite the fact that there are two types of mortgage collateral - a pledge by law (the mortgagee is authorized to keep the disputed property) and a pledge under the agreement (the housing is not "tied" to a non-purpose loan, and it is more difficult to take it even in court) - in practice, only one is used , first. Often, when signing a mortgage agreement, a mortgage on an apartment is issued - a document that gives its holder the right to dispose of the mortgaged property at his discretion.

Until the debt to the bank is fully repaid and the collateral is not removed, the property legally belongs to the creditor. If the payer defaults on the loan, the credit institution may transfer real estate into its own assets in order to compensate for the funds spent.

As a rule, this is carried out by a court decision, but there may be exceptions if such a provision is specified in the loan agreement. They can take an apartment for a mortgage debt even if it is the only housing of the loaned person, and its co-owners or persons registered in the housing are minors.

Concept of debt

When drawing up a loan agreement, as an annex to it, a loan repayment schedule is drawn up, where the date, the amount of the monthly payment, and the accrued% for the loan are specified. If for some reason the payer does not adhere to the specified schedule, he accumulates loan debt.

The borrower must himself monitor compliance with the loan repayment schedule (FZ-353). The lender may not remind you of the need to make the next payment. While banks are actually taking these steps to prevent mortgage debt, they are not legally required to do so.

If a delay of 1-2 months is allowed, the bank takes all measures to contact the payer and clarify the situation. At this stage, forced eviction is out of the question. After six months of delay on the mortgage, the borrower, as a rule, is evicted from the occupied housing, and the property is transferred to the balance of the lender.

What are the reasons for debt?

It is clear that the owners of apartments bought with a mortgage stop paying the loan due to the deterioration of their own financial situation. Among the reasons leading to such an ending, the following often appear:

job loss

an illness resulting in a total or temporary disability

the emergence of additional payment obligations (alimony, compensation for any damage to the injured party, and others)

increase in the interest rate on a loan by a bank (if there is such an opportunity, prescribed in the agreement)

life force majeure (imprisonment, death of the borrower, others)

In addition to the factors related to the insolvency of the client, elementary inattention, misunderstanding of the terms of the contract can also become a prerequisite for the formation of mortgage debt. You need to be aware that the bank will not understand the reasons for delays, but will initiate the return of funds spent on the purchase of real estate. His first step in this will be foreclosure, and after that - a lawsuit in court, by decision of which the eviction will be carried out.

What measures can be taken to avoid losing housing?

To avoid eviction, you must pay off all outstanding payments. If the amount is small, it will be easier to find funds: sell valuable property, borrow from friends or relatives. If we are talking about impressive numbers, you need to make every effort to agree with the bank on solving the problem.

Usually, creditors meet the debtors halfway, since it is also unprofitable for them to be evicted from mortgage housing. The alienation by the bank of a mortgaged apartment for mortgage debts and its subsequent sale is an extra cash and time cost for both parties.

So what measures can be taken by the bank and the borrower to stabilize the situation with delays? There are several options.

  1. Debt restructuring: reducing the amount of the monthly payment with an increase in the term of the mortgage.
  2. Credit holidays: exemption from the need to make regular payments for several months.
  3. Debt reduction: at its discretion, the bank may write off part of the debt, interest on the loan, and penalties.
  4. Assignment of rights to third parties with reduction or cancellation of debt: by agreement of the parties, the loan is transferred to another bank, subject to the satisfaction of the interests of the original creditor. A new loan agreement is drawn up, with a new payment schedule.
  5. Refinancing: attracting, with the consent of the bank, a short-term interbank loan to pay off debt or the entire amount of the loan, on more favorable terms for the payer. A new loan agreement is also concluded, with new conditions for its repayment.

Now we are not considering such an option for solving the problem of loan delinquency, as the sale of collateral real estate by agreement or at an auction, which is done if there is no possibility to pay a mortgage at all. All of the above methods are acceptable in the case when the borrower is not bankrupt and aims to retain housing. But what happens under the opposite circumstances?

Bank's litigation

If a consensus between the bank and the debtor is not reached, the creditor goes to court. Usually, the reason for this is the lack of payments for 3 or more months, while the debt is more than 5% of the value of real estate.

Previously, a foreclosure is drawn up in the name of the debtor with a requirement to fully repay the loan or vacate the living space, the cost of which he is no longer able to pay.

The court decision in favor of the bank involves further eviction of the borrower and his family members from the disputed apartment.

How is an eviction by court order carried out?

What to do if you are being evicted from your apartment due to mortgage debt? First of all, you should make sure that this happens legally - by a court decision or in accordance with the relevant clause in the loan agreement. Both the bailiffs and the creditor himself can evict the debtor from the real estate he occupies. The latter has the right to do this without a court decision, if this moment is reflected in the contract (FZ-102, Art. 55).

Eviction by bailiffs

Guided by Federal Law-229, within the framework of open administrative proceedings, the bailiff evicts the debtor and all persons registered in the living space. According to Article 107 of the same law, the debtor is notified of the need for voluntary release of the object within 10 days from the date of receipt of the notification.

There is no reason to ignore this requirement, since the eviction will still occur when new terms are set, but already with the payment of an executive fee by an irresponsible citizen. The procedure requires the presence of attesting witnesses and the police.

Preventing entry into the apartment is also pointless. The bailiff is empowered to involve employees of the Ministry of Emergency Situations, who, even in the absence of the "owners", will help to free the premises from their personal belongings, pets, etc. In addition, the bailiff can organize the transportation and storage of property at the expense of the evicted person.

Eviction by creditor

A somewhat different way is the eviction for a mortgage debt by the lender himself. The procedure is stipulated by the terms of the contract and is based on the consent of the parties.

If the borrower refuses to voluntarily leave the housing, the bank has the right to forcibly evict the debtor in the presence of the prosecutor.

But more often in such circumstances, banks still go to court to avoid further challenging the forced eviction by the debtor.

Finally

Of course, the loss of housing due to the inability to fulfill credit obligations is an extremely stressful situation. To prevent its occurrence in your life, carefully weigh the pros and cons before applying for a mortgage.
And having bought an apartment with the involvement of bank funds, make every effort to comply with the conditions of the lender.