Is it possible to change the collateral in Sberbank? Is it possible to exchange an apartment with a mortgage? Special review of changes in bail legislation

15.04.2020

A mortgage loan is taken out for a long period of time. However, circumstances in life can change at any time, as a result of which you will need to replace your home with another one. We will tell you whether it is possible to change the mortgaged apartment to another, how to do this and other nuances.

Is it possible to change the mortgaged apartment to another?

Until the borrower repays mortgage loan, the apartment is pledged to a banking organization. Without her consent, no transactions with housing are possible. The rights to it belong to the bank.

But replacing the apartment is still possible even before the debt is fully repaid!

Article 345 of the Civil Code of the Russian Federation clearly states that replacement of mortgage collateral is possible after the consent of the mortgagee, that is, the bank.

From a legal point of view, the transaction can be carried out. But in reality, this is a complex procedure that will require spending a lot of money. You will have to go through the same procedures again as when applying for a mortgage. Each action will have to be coordinated with the banking organization.

This happens quite often. The borrower inherits the property and wishes to provide it to the bank as collateral. Thus, he can immediately obtain ownership of the mortgaged home.

If something happens to the initial collateral, the borrower loses ownership of it; it must be replaced with any property of equal value.

Exchange terms

As we have already said, the main condition is the consent of the bank. If he approves, you will have to sell the mortgaged apartment and immediately purchase another one. It is important that new property met all the requirements of the financial organization.

Pay attention! The bank will evaluate the new housing. The borrower pays it.

You will need to reassemble the entire package of documents. Bank employees make sure you are solvent. Your credit history will also be checked, so it's best not to fall behind on your mortgage payments.

Documents for this procedure

The key to a successful transaction is well-prepared documents:

Passport of a citizen of the Russian Federation.
Identification code.
If the borrower is married, you must obtain written consent from the second spouse.
A bank statement showing that the client is clean. It can be obtained directly from a branch of a banking organization.

Alternative exchange/sale options, main transaction steps

As soon as the bank gives the go-ahead, you need to start looking for a suitable apartment. It must satisfy the requirements of both parties. Then you should find someone who will buy the old apartment. However, you need to take into account that few people will want to purchase an apartment as collateral.

Important! The bank must check the income of the new borrower. He must be solvent.

Next, you sell the apartment and use the proceeds to pay off the mortgage debt. The bank, in turn, removes the encumbrance from the apartment. After this, you buy a new home and sign an agreement with the credit institution on a proportionate increase in the mortgage amount. After property rights the apartment will be registered in your name, the housing will receive the status of collateral.

There is another method where a loan is taken out and then used to pay off the existing mortgage. To do this, you will need to collect a package of all documents to apply for a new loan.

If the bank does not mind, it will issue you a loan for short term. You use it to pay off an existing loan and the apartment is no longer secured. After this, you need to find a buyer for the apartment. The money received from this will be used to pay off short term loan. What remains you spend on buying a new home and down payment for him.

Is it possible to exchange an apartment purchased with a mortgage for a house?

This is possible, but only with the consent of the bank. The apartment is pledged to a credit institution; all transactions with it are possible after permission from the financial institution.

Is it possible to exchange an apartment with a mortgage for big

The bank agrees, provided that the cost of the new housing exceeds the old one by no more than 20-30%.

There are cases when old housing is exchanged for new one, but at the same price. This means the new apartment is located in a disadvantaged area. The bank will go for concessions, if there is a branch there, take this into account.

The procedure consists of the following steps:

Obtaining bank consent, searching for new housing. Real estate valuation by a credit institution.
Through a real estate agency there is a buyer for an old apartment.
The borrower sells the old home and uses the money received to purchase a new one.
Encumbrances are removed from the old housing, and the new apartment becomes collateral for the bank.

Please note that all costs for this procedure are paid by the borrower. Be prepared for this.

Exchange of mortgage apartment in Sberbank

Sberbank is extremely reluctant to enter into such transactions. Only those clients in whom banking organization can be sure:

Never missed a payment.
participate in the salary project.
good credit history.

If the bank agrees, then the exchange takes place according to the scheme that we have repeatedly mentioned earlier.

Military mortgage - individual nuances

Exchange an apartment purchased under the program military mortgage The easiest way is to pay off the debt. Then the apartment becomes your property completely and you can do whatever you want with it:

You negotiate with the owner of the desired property.
He pays the bank the balance of your debt.
The apartment becomes yours.
You sell it to the new owner, and he sells you his.

Considering the peculiarities of a military mortgage, it is better to exchange housing using this method. It's simple and safe.

Exchange by assignment

There is a concept of assignment of obligations under a contract. It may concern both real estate and the rights and obligations relating to the loan obligation. Buyers prefer to purchase housing with a mortgage by assignment, since the repayment period can be quite modest.

Important! If the bank agrees to such a procedure, then the new borrower agrees to all the terms of the agreement signed by the previous owner.

As soon as the fact of the transition is recorded in the Russian register, new owner receives ownership rights to housing. Until registration is completed, the parties may refuse the transaction by filing an application.

Credit department specialists will evaluate the new borrower and make a decision. If it is as reliable as the previous one, the bank will agree. However, there are cases when the lending institution has no choice, since the old borrower cannot pay and they agree to any new owner.

To obtain permission to transfer, you need to contact the department mortgage lending your bank. If a positive decision is made, financial institution begins preparing all documentation.

At the end of the transaction:

The buyer becomes the new borrower.
The seller loses the status of owner and borrower.
Credit conditions remain the same.

Benefits of assignment:

Less debt to the bank.
Everything is purely legal.
The bank acts as a guarantor of the transaction.
The new borrower quickly pays off the loan balance and receives an additional “plus” in his credit history.

You can exchange a mortgaged apartment for another, but only if the bank agrees to this transaction. The decision of a credit institution is influenced by many factors, including the location of the new home. It must be in a good area. If the bank has agreed, you need to carefully prepare, find good housing, and the financial institution will evaluate it. Find a buyer for an old apartment. He must have a positive credit history. Use our recommendations and you will definitely succeed.

The relationship between the bank and the borrower is regulated based on a loan agreement, which is compiled in accordance with the Laws of the Russian Federation.

Ways to solve the problem

Exchange mortgage apartment is possible by law, but getting the go-ahead to carry it out is not so easy. The lender needs calculate your own risks in this situation, therefore each of them puts forward their own conditions. Most often, borrowers are offered two options:

Mortgage repayment by applying for a new short-term loan. Under this scheme, the living space is removed from the collateral by issuing funds to pay the mortgage in the form of a short-term loan. Objects are changed “with an additional payment”, and the money received goes to repay the loan. Alternatively, the debt is repaid at the expense of the buyer. That is, housing is sold with an encumbrance in the form of collateral. The balance of the debt is paid off from the additional payment received at the time of sale.

The disadvantage of this option is the difficulty of obtaining a new loan if you have a mortgage.

Assignment of debt. The buyer purchases from the borrower not living space, but a loan. In this case, the borrower changes, but the payment schedule and the amount of debt remain unchanged. This scheme rarely works because new borrower must satisfy the lender, and such a real estate buyer is extremely difficult.

Read on our website about how to buy an apartment, whether it is possible to exchange a room, and how to conclude a contract.

Preparation

To carry out the exchange, you must adhere to the following procedure.

You need to start with studying the loan agreement.

Each bank describes in detail the actions of the borrower and its own in this document, and most likely a clause on sale or exchange collateral real estate specified in the document.

In order to understand all the intricacies of the process and find out in which regions the action is possible, worth consulting directly from the organization's employees.

If you want to exchange an apartment for housing in another city, it must be no further than 1000 km away. from the bank branch. Collateral living space regularly checked by inspectors, and they must get there within one day.

After consultation and familiarization with the terms of a possible transaction, it is necessary to select a suitable property. Confidence in the integrity of the owner – necessary condition for the success of the transaction, because a delay in payment on his part can result in serious troubles.

It should be noted that this step is one of the most difficult. Therefore, it is more advisable to involve a reliable real estate agency to solve the problem, preferably one that cooperates with your bank.

Then the borrower, together with the bank’s security service, checks the object for which the exchange is planned. The object is inspected by the housing department or management company, tax authorities, FMS, Unified State Register. At the same time, the second participant in the exchange is checked for criminal records.

In the absence of circumstances preventing the transaction, preparation begins.

The third stage of preparation is collecting documents. Preparation of the package occurs simultaneously with the search for housing options. List of documents consists of the following items:

Conditions for obtaining bank consent

The credit institution may meet the applicant halfway and authorize the transaction, if the borrower meets the following requirements:

The mortgage loan is repaid for at least 4-5 years, and some banks require repayment of at least half of the amount.
The client does not have any late payments.
The living space is located near a bank branch.

Features depending on the characteristics of objects

The exchange of a collateral apartment can be made for following conditions:

For an equivalent

Produced by changing the collateral in the same loan agreement. The selected object is checked by the bank's security service. To do this, the borrower must take various documents for the premises from the Criminal Code, Unified State Register, BTI.

If no obstacles to purchasing a new home are found, the following documents are drawn up:

exchange agreement;
act on the transfer of a new collateral;
release from collateral of old living space.

The costs of obtaining various certificates are borne by the borrower. New owner becomes the full owner after the encumbrance is removed and receives a Certificate.

To a more expensive one

Is it possible to exchange an apartment for a larger one? The loan is repaid using the cost of the old home, and the difference is used as a down payment on a new home. Such a deal more profitable for the bank, since the value of the collateral increases.

How to do this? Most often done by sale of a mortgaged apartment with the consent of the bank and registration of a new loan. The client simultaneously submits an application for the sale of the housing space already taken on credit and for the registration of a new mortgage.

As a rule, such an exchange is easily permitted by the bank if the borrower has no delays under the current agreement.

Change of debtor

It is carried out in case of a lack of funds from the purchaser of the living space. The buyer gives the seller an additional payment, and the remaining amount is issued in the form of a loan in his name.

The housing remains collateral. The difficulty of such a transaction lies in finding a seller who can satisfy the bank with his solvency, therefore similar schemes quite rare in practice.

Sales and purchase agreement

How to exchange a mortgaged apartment for another by drawing up a purchase and sale agreement?

Proceeds from the sale go to pay off the mortgage, the new one is again issued with a mortgage.

In this case it is even possible change of bank. This scheme is mainly used if the client wants to exchange housing for a cheaper one.

The bank most likely will not want to take real estate of lesser value as collateral, since it is not profitable for it. Therefore, he will not agree to apply the previous schemes.

Most often in this case you have to look for consumer loan to pay off the balance of the mortgage, and then simply issue a new mortgage agreement.

You can also pay off the balance using the difference received from the buyer. In this case, the amount is taken as an advance, and the final transaction is completed after the encumbrance on the property is removed.

Making a deal

Depending on the chosen method, the transaction is carried out according to a certain scenario. The similarity of the options is that the transaction takes place directly at the bank in the presence of a supervisory officer.

Actions are carried out as follows:

For each of the exchanged premises, sales agreement. Living space sold by the borrower at this stage remains as collateral with the bank.
The borrower applies to Rosreestr and registers the purchase of a new home.
Based on the new Certificate, a new agreement, under which the purchased living space is transferred as collateral to the lender.
The credit institution issues permission to remove the encumbrance from the former mortgaged living space, and the new owner can complete the registration of the property.

Exchange of an apartment with a military mortgage

Is it possible for a military member to change the mortgaged living space to another? Most difficult case– change of housing received by military personnel under special conditions. program.

Such apartments are located pledged to two organizations at once: Bank and Rosvoenipoteka.

However, there are cases when such a transaction is provided for by the contract.

If a military man is transferred to serve in another city, then according to the contract the transaction is carried out in accordance with the “Movement” clause. The procedure is carried out according to the equivalent exchange scheme. Credit organizations replace the collateral.

If the exchange is made for a larger or smaller living space, then a scheme will be required to repay the loan amount and the amount of contributions to Rosvoenipoteka.

The encumbrance is removed and then formalized new mortgage agreement.

Exchanging a mortgage on an apartment is a complex and rather risky process. To receive guaranteed result It is more advisable to turn to the staff of a reliable real estate agency for help in implementing your plans.

You can learn about the nuances and risks of a transaction with an additional payment from the video:

A mortgage is issued for several years, often more than 10 years. During this time, life may “take a sharp turn” and there will be a need to move to another city.

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

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What to do with housing for which the loan has not yet been repaid? Is it possible to exchange an apartment with a mortgage?

Replacement of collateral

Banks offer 3 ways out of this situation:

Repay the loan in full. This solution is not suitable for everyone, since the amount of a one-time payment is quite large.
Transfer the debt to a third party. Banks are reluctant to undertake such a procedure, as this significantly worsens the quality of the loan to the Central Bank of the Russian Federation.
Replacement . That is, an exchange of a mortgage apartment.

Goals

A mortgage loan has a collateral (based on ). Most often, this is a purchased apartment. Banks allow their clients to exchange the collateral for another apartment.

To do this, the borrower must have a good reputation with the bank, and the other apartment must meet the bank’s requirements.

Banks allow the exchange of apartments under different conditions:

some need 2/3 of the entire mortgage already paid off;
others insist that the new deposit be cheaper than the previous one;
still others look at the client's credit history.

In order for the bank to accurately approve the replacement, all 3 conditions must be met.

Substitution of collateral is regulated. And the replacement mortgage collateral– internal regulations of the bank, in accordance with this article of the civil law.

The purpose of replacing the collateral is to purchase an apartment in a new city.

Is it possible to exchange an apartment with a mortgage?

An apartment that is under a mortgage and is the subject of collateral can be exchanged. This is stated in Article 345 of the Civil Code of the Russian Federation.

To do this, certain conditions must be met:

bank consent;
compliance with the conditions for replacing collateral, which are developed separately in each bank.

To another

Replacing one apartment with another occurs only with the consent of the bank.

To do this you need:

come to the bank that is the mortgagee;
write an application for exchange.

The following conditions must be met:

Part of the mortgage loan should already be repaid without delays. As a rule, banks allow exchange after 4–5 years of regular payments.
The new apartment should be 20–30% cheaper than the first collateral. That is, the cost of the new collateral, taking into account interest on the loan, should be lower.
New housing should not be located “in a bad corner.” The bank will never allow you to buy an apartment in a region that is not serviced by this bank.

Therefore, before writing an application for exchange, you need to consult a specialist in which region you can buy an apartment.

To the big one

Theoretically, it is possible to exchange an apartment that is under mortgage for a larger one. But it should be cheaper! This can be done when the new apartment is located in a different region.

The most expensive apartments in Moscow and St. Petersburg. If the apartment that serves as collateral for the mortgage is located in one of these two cities, and the new collateral is beyond the Ural Mountains, where apartments are much cheaper, then an exchange for a larger area is possible.

Only the bank must service this region, otherwise the bank will not allow the exchange.

In Sberbank

- the largest and reliable bank in our country. It is not surprising that citizens prefer to take out a mortgage here.

But exchanging an apartment purchased with a mortgage from Sberbank is quite difficult. The bank is reluctant to replace the collateral.

The bank provides the opportunity to exchange the collateral only to verified clients:

salary project participants;
not having any late payments;
having a good credit history with other banks.

If there is a need to change an apartment that is under a mortgage from Sberbank, then you can use the purchase and sale option.

Options

There are several options for exchanging a collateral apartment:

Exchange for a similar apartment in area and price. There will be no problems with the bank here. The collateral simply changes.
A new apartment is more expensive. This is the most common situation, since the exchange is started precisely for the purpose of expanding living conditions. In this case, the cost of the old apartment goes to repay the old loan, and the “rent” goes to the new loan.
The buyer does not have enough funds to purchase a mortgaged apartment. Then the debtor is replaced, not the collateral. In this case, the buyer pays the seller only the difference between the cost of the apartment and outstanding loan, and the apartment remains as collateral.
Classic buying and selling. One apartment is sold and the old loan is paid off. Another apartment is bought - and a new one opens mortgage line. You can even go to another bank.

Bank consent

The bank's consent to exchange the collateral apartment will be obtained if:

The borrower has been regularly repaying the loan for several years; as a rule, the bank allows the exchange 5 years after opening line of credit, but some banks give consent only after the borrower pays more than half of the debt;
the apartment being purchased is located in the region served by this bank;
the client is not overdue on any payment.

Registration procedure

How to exchange an apartment with a mortgage? To exchange an apartment that is mortgaged by a bank, you must:

Come to the bank and write an application for exchange. In this case, you need to find out in which region you can buy a new apartment.
The bank checks whether the client meets all requirements and gives consent.
Checking the legal purity of the purchased apartment. This is usually done by realtors or the bank's security service.
At this time, documents for the old and new apartment are collected.
They are then provided to the bank.
The bank is preparing two packages of documents - for the sale of an old apartment and the purchase of a new one. Since according to the Civil Code of the Russian Federation there is no exchange of apartments, but only purchase and sale, the exchange of a mortgaged apartment is carried out precisely through a purchase and sale transaction.
Registration of the transaction and registration of property rights.
Moving to a new apartment.

If the transaction takes place with the help of realtors, then it can be completed in 3 months.

Documents

To carry out the transaction, it is necessary to prepare the following borrower:

passport and a copy of all pages;
a certificate of income for calculating a new credit line, it can be either in form 2-NDFL or in the form of a bank;
for men under 27 years old - original and copy of military ID;
a document that can confirm that the borrower has a permanent place of work.

You will need documents for the apartment (both old and new):

title documents - that is, those documents that confirm that there are grounds for the emergence of property rights;
cadastral passport for the apartment, if the mortgage was issued for less than 5 years, then the passport that was prepared during the previous registration is also suitable;
an extract from the house register about everyone registered in the apartments;
an extract from the financial account for each apartment, this is necessary to confirm that there are no utility debts;
conclusion of an independent appraiser on the value of each apartment;
If children under 18 years of age are registered in one of the apartments, then the consent of the guardianship and trusteeship authorities may be required.

Exchange of a mortgaged apartment is possible if you constantly cooperate with the bank and avoid delays on your mortgage loan. In most cases, banks replace the collateral or replace the borrower.

During the period of repayment of the mortgage loan, insurmountable circumstances may arise in the life of the borrower that require the exchange of purchased borrowed funds apartments. Read more about how to change an apartment with a mortgage to another.

According to Russian legislation and signed loan agreement The bank is the mortgagee of the property and an interested party. Therefore, any actions with encumbered real estate should be carried out only with the consent of the creditor.

Such actions include sale, exchange, any improvements to living space, and in some cases even rental. In particular, according to 102-FZ, it is established that with the consent of the mortgagee bank, an apartment can be donated, exchanged, sold, made as a contribution to the property of a business partnership, etc.

The legislative act regulating the process of replacing collateral, in addition to 102-FZ, is Civil code RF (Article 345). It is these documents that establish the norms, rules and the possibility of exchanging real estate pledged under a mortgage agreement.

In the procedure for direct exchange of an apartment pledged on a loan, there are the following nuances:

The exchange involves replacing the existing collateral, that is, re-issuing a mortgage on another property.
The bank may give its consent to replace the collateral, but it is not obliged to do so.
The replacement process is regulated not so much by the loan agreement concluded with a specific borrower, but more by the internal provisions, instructions and regulations of the bank (some lenders may allow an exchange only after the debt has been repaid for more than half of the loan term, others are not strictly tied to the date of the transaction).
Exchange of one apartment for another is possible only if there is a positive credit history from the client (no long delays).
The purchased property must cover the balance of the debt (including accrued interest) with a discount of at least 20-30%.

Important! Before searching for a new home and signing any documents, the borrower should obtain pre-approval from their bank. If you don't do this, you could waste your time and energy and get rejected.

What exchange options there may be: their pros and cons

You can change your apartment mortgage using several options, each of which has its own characteristics, pros and cons. Let's look at each in detail.

Removal of the bank's encumbrance on the collateral property and its sale with the purchase of a new one

This mortgage housing exchange option will be preferable for those borrowers who plan to buy a new apartment with a larger area and, accordingly, a higher cost.

In this case, the transaction will be carried out by paying off the balance of the debt using own funds or attracting a regular consumer loan. In order to sell an apartment pledged by the bank, you must obtain its permission for such a procedure and, additionally, for the removal of the encumbrance from it.

As practice shows, banks are reluctant to undertake such operations due to increased risks. The benefit here is only for the client who improves his living conditions.

The process of removing encumbrances from collateralized real estate and its sale with the simultaneous acquisition of a new one includes the following steps:

Obtaining permission from the creditor bank to sell the encumbered property and simultaneously applying for a new mortgage.
Repayment of the remaining debt under the current contract and subsequent removal of encumbrances from the property.
Searching for a buyer for an apartment and concluding a purchase and sale agreement.
Search new apartment(a purchase and sale agreement is concluded in a similar way).
Conclusion of a new loan agreement.
Encumbrance of a new pledge with the registering authority.

For the buyer of an old apartment there will be no disadvantages, since he is purchasing the property without any encumbrance.

Read more about and how to do this below.

Replacement of collateral with the approval of the bank for another

An alternative option for exchanging an apartment with a mortgage for another is a simple change of collateral by concluding an exchange agreement. The conclusion of such an agreement will be relevant only if the cost of the two objects is almost identical. This fact is determined by the interested creditor bank.

The process of replacing the collateral in this case will be carried out in the following order:

Obtaining the bank's consent.
Providing a complete package of documents for a new living space.
Assessment of new living space and clarification of mortgage terms for the upcoming transaction.
Signing the exchange agreement.
Transfer of a new apartment as collateral to the bank.
Removing encumbrances from old real estate.

Such a transaction has a number of difficulties in its implementation, since among the property owners there are few people who are ready to agree to exchange an apartment pledged by the bank.

Sale and purchase of an apartment in one bank with a mortgage

This method of exchanging mortgage real estate is the most preferable for the bank, as it has minimal risks. In simple words, the borrower sells existing real estate with the permission of the bank and buys a new one, also using borrowed funds (with an additional payment through a mortgage).

The procedure consists of the following steps:

Obtaining official consent from the bank and applying for a new mortgage.
Putting an old apartment up for sale and concluding a purchase and sale agreement with the buyer.
Search for the apartment to be purchased (a purchase agreement is also concluded).
Registration of a transaction for a new mortgage loan.
Removal of the old encumbrance and transfer of a new apartment as collateral.

That is, there is a simultaneous process of selling an old apartment and buying a new one. To reduce possible risks, you can use safe deposit boxes for payments.

Organizationally, such a deal can be completed in one day.

Separately, it should be said that exchanging a mortgaged apartment for a cheaper one will be extremely difficult. In this case, it will be almost impossible to obtain permission from the bank, since not a single bank will agree to deliberately reduce the liquidity of the collateral.

You can get out of this situation with the help of a double purchase and sale agreement for both real estate properties, when the first apartment in the mortgage is sold after the encumbrance is removed. This was discussed above.

The procedure for replacing collateral in Sberbank

Sberbank is the largest credit institution, which is highly popular among Russian population. Its lending conditions are minimal. interest rates, loyal attitude towards borrowers and fast processing times.

The procedure for replacing collateral at Sberbank has a number of its own features. In particular, these include the following nuances:

the exchange of a mortgaged apartment for another occurs upon a written application from the client;
the borrower provides a full package of mortgage documents for himself and all co-borrowers and guarantors for existing mortgage(passports, certificates, employment certificates, etc.);
a package of documents is provided for the apartment that is being replaced (appraisal, title documents, etc.);
the bank considers such an application from the borrower within 30 days;
if the decision of Sberbank is positive, then it is signed additional agreement to the mortgage agreement on the change of collateral;
There is a simultaneous registration of a new pledge and the removal of the encumbrance on the first apartment in the justice authorities.

Conclusion: Sberbank approaches the procedure for replacing mortgage housing with a high degree of responsibility, minimizing its risks and acting only in its own interests.

What documents will be needed

To carry out the exchange of a mortgaged apartment, you must prepare the following set of papers:

borrower's passport (with copies of each page);
documents confirming the client’s stable employment and current work experience;
documents confirming solvency (at least for the last six months);
documents for the purchased apartment.

This is the main set of documents. Additionally, the bank may request a TIN, military ID, SNILS, certificate of marriage/divorce, consent from the spouse to the transaction, etc.

As for the documents for the purchased apartment, you will need:

title papers (certificate of ownership);
an extract from the house register indicating all those registered in a particular property;
cadastral passport of living space;
a certificate from the governing body stating that there are no debts for housing and communal services (for example, a certificate from the HOA);
assessment report real estate carried out by an accredited appraisal company.

Updated list necessary documentation may vary slightly depending on the selected bank.

Important! You should start collecting the package of papers agreed upon with the bank as early as possible, since this process can take a long time, which will not suit every buyer and seller of real estate.

The legislation of the Russian Federation does not prohibit the exchange of housing encumbered with a mortgage for another. Therefore, the answer to the question “Is it possible to exchange an apartment that is under mortgage?” will be positive. The main condition of such a deal is mandatory receipt official permission from the lender. Having received the bank's consent, the borrower can choose one of the options for replacing the mortgaged apartment: using an exchange agreement, a double purchase and sale agreement, or by initially removing the encumbrance on the mortgaged housing and its subsequent sale.

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In August 2014, I took out a mortgage loan from VTB 24 Bank. It so happened that in February 2015, the developer called me and explained that the construction of the house was temporarily suspended, and offered to replace my apartment with an apartment in a neighboring building, the construction of which would be completed on time.

I went to the bank office where I applied for a mortgage loan. I was referred to the head of mortgage lending, Anna B. After listening to me, the first thing she suggested was that I refuse the loan altogether, probably for her it was the simplest solution to my problem, and she probably wasn’t entirely worried about the fact that I had been paying interest and insurance for almost a year. After I refused such a tempting offer, she warned me that the procedure for replacing the collateral was paid. At the same time, she couldn’t decide how much it would cost in the end, giving an approximate amount of 10 thousand rubles, without being able to explain to me what the exact amount would depend on. She never described the entire procedure for replacing the collateral to me.

After I received the cadastral number from the developer, I again contacted the bank, where I learned that I now need to make an assessment of the property at my own expense. Although VTB lawyers confirmed that it is accredited, and I did not make such an assessment during the initial registration of the mortgage.

A week later, I provided the bank with a report on the assessment of the apartment, for which I had to pay 3,500 rubles. I gave the assessment report to Anna, because... it is in a single copy, I myself suggested that she write a statement with a request to change the subject of the pledge, and attach to it a list of documents to be provided, to which she received the answer: “If you want, sit down and write. We do not practice this.” To my question: “What if you suddenly lose my documents?” - Anna said: “If you don’t want it, don’t leave it!”

Then they sent me to pay, the cost was announced as 9,000 rubles. The operator asked me: “How much do you want to pay?” I was very surprised, no one could show me the tariffs where this cost was indicated, and in fact no one knew about such a service. The operator took 20 minutes to find out how to accept payment from me, in the end the money was accepted, but no one showed the tariffs.

After I made the payment, a week later Anna informed me that the payment cash does not guarantee me a replacement of the collateral, and the bank has the right to refuse me without explanation.

Three weeks have passed, but there is still no decision from the bank.

This is such care for the client. And, by the way, Anna is one of their best employees; her photo hangs on the honor board. What then can we say about the rest? Anna even immediately made a reservation that this service could be free, if the replacement of collateral does not occur at the initiative of the borrower, but for objective reasons it is a necessary measure, but later it turned out that even paid service does not guarantee replacement of collateral. Such a best employee cannot provide the client with reliable data, constantly misleading him, and telling the truth only after depositing money into the cash register.

I will also confirm once again that no one has yet provided me with tariffs, and in general they seem to be in no hurry to call me! Why? After all, I pay the interest on the loan regularly.