Is it possible to change the subject of pledge in a savings bank. Is it possible to exchange an apartment located in a mortgage? Special review of changes in pledge legislation

15.04.2020

Mortgage loan is taken for a long time. However, circumstances in life can change at any time, as a result of which it will be necessary to replace housing with another. We will tell you whether it is possible to exchange an apartment in a mortgage for another, how to do it and other nuances.

Is it possible to exchange a mortgage apartment for another?

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

But the replacement of the apartment is still possible until the full repayment of the debt!

Article 345 of the Civil Code of the Russian Federation clearly states that the 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 a lot of money. Will have to go through the same procedures again as when applying for a mortgage. Each action will have to be coordinated with a banking organization.

This often happens. The borrower inherits the housing and wishes to provide the bank as collateral. Thus, he can immediately take ownership of the mortgage housing.

If something happens to the initial pledge, the borrower loses the right to own it, it should be replaced with any equivalent property.

Exchange Terms

As we have said, the main condition is the consent of the bank. If he approved, he would have to sell the collateral apartment and immediately acquire another. It is important that the new property meets all the requirements of a financial institution.

Note! The Bank will evaluate the new housing. Pays her borrower.

You will need to reassemble the entire package of documents. Bank employees will make sure that you are solvent. The credit history will also be checked, so it is better not to delay payments for the mortgage.

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 take the written consent of the second spouse.
Bank statement showing that the client is clean. It can be obtained directly from a branch of a banking organization.

Alternative exchange / sale options, the main steps of the transaction

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

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

Then you sell the apartment, and with the proceeds you close the mortgage debt. The Bank, in turn, removes the burden from the apartment. After that, you buy new housing and draw up a contract with a credit institution on a commensurate increase in the amount of the mortgage. After the property rights to the apartment are registered on you, the housing receives the status of collateral.

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

If the bank does not mind, then it gives you a loan for a short period. You pay them with an existing loan and the apartment is no longer secured. After that, you need to find a buyer for the apartment. The money received from this will go to repay a short-term loan. What remains, you spend on the purchase of new housing and an initial payment for it.

Is it possible to exchange an apartment bought in a mortgage for a house

It 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 the permission of the financial institution.

Is it possible to exchange an apartment in a mortgage for a large

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

There are times when old housing is exchanged for new, but at the same price. So the new apartment is located in a disadvantaged area. The bank will make concessions, if there is a branch there, keep this in mind.

The procedure consists of the following steps:

Obtaining the consent of the bank, the search for new housing. Valuation of real estate by a credit institution.
Through a real estate agency is a buyer for an old apartment.
The credited sells old housing, and with the money received acquires a new one.
The burden is removed from the old housing, a new apartment becomes a guarantee for the bank.

Please note that all costs for this procedure are borne by the borrower. Get ready for it.

Exchange of a mortgage apartment in Sberbank

Sberbank is extremely reluctant to enter into such transactions. Only those clients in whom a banking organization can be sure can exchange a mortgaged apartment for a large one:

never past due payment.
participate in a 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 - separate nuances

It is easiest to exchange an apartment purchased under a military mortgage program by paying off a debt. Then the apartment completely becomes your property and you do anything with it:

You agree with the owner of the necessary housing.
He pays the rest of your debt to the bank.
The apartment becomes yours.
You sell it to the new owner, and he sells his to you.

Given the characteristics of military mortgages, it is better to exchange housing in this way. It is simple and safe.

Assignment Exchange

There is the concept of assignment of obligations under a contract. It may concern both real estate and rights and obligations regarding a loan obligation. Buyers prefer to purchase housing on a mortgage for reassignment, as the payment period can be quite modest.

Important! If the bank agrees to this procedure, then the new borrower agrees with all the terms of the contract that the previous owner signed.

As soon as the fact of the transition is recorded in the registry, the new owner receives ownership of the housing. Until the registration is completed, the parties may refuse the transaction by submitting 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 times when a credit institution has no choice, as the old borrower cannot pay and they agree to any new owner.

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

At the end of the transaction:

The buyer becomes a new borrower.
The seller loses the status of owner and borrower.
Lending 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 the balance of the loan and receives an additional “plus sign” in his credit history.

You can exchange a mortgage apartment for another, but only if the bank agrees to this transaction. Many factors influence the decision of a credit institution, including the location of new housing. It should be in a good area. If the bank agreed, you need to carefully prepare, find good housing, a financial institution will evaluate it. Find a buyer for an old apartment. He must be with a positive credit history. Use our recommendations and you will surely succeed.

Relations between the bank and the borrower are regulated based on loan agreement, which is compiled in accordance with the laws of the Russian Federation.

Ways to solve the problem

Exchange of a mortgage apartment is possible by law, but getting the go-ahead for its holding is not so simple. Lender needs calculate own risks in this situation, therefore, each of them puts forward its own conditions. Most often, borrowers are offered two ways:

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

The disadvantage of this option is the difficulty of obtaining a new loan with a mortgage.

Debt transfer. The buyer purchases from the borrower not housing, but credit. At the same time, the borrower changes, and the schedule of payments and the amount of debt remains unchanged. This scheme rarely works, as the new borrower must satisfy the lender, and such a buyer of real estate is extremely difficult.

Read on our website how the apartment is, whether it is possible to exchange a room, and how to conclude.

Preparation

To carry out the exchange, the following procedure should be followed.

You need to start with studying a loan agreement.

Each bank details the actions of the borrower and its own in this document, and most likely the clause on the sale or exchange of collateral in the document is specified.

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

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

After consultation and familiarization with the terms of a possible transaction, you need to choose the right property. Confidence in the integrity of the owner - A necessary condition for the success of the transaction, because the delay in payment on its part can turn into serious troubles.

It should be noted that this step is one of the most difficult. Therefore, it is advisable to attract a reliable Real Estate Agency to solve the problem, best of all the one that cooperates with your bank.

Then, the borrower, together with the bank security service, checks the object for which it is planned to exchange. The object is inspected by the Housing Office or the Criminal Code, tax authorities, the Federal Migration Service, the Unified State Register. At the same time, the second exchange participant is checked for a criminal record.

In the absence of circumstances that impede the transaction, preparation begins.

The third stage of preparation is the collection of documents. The preparation of the package occurs simultaneously with the search for a housing option. List of documents consists of the following positions:

Conditions for obtaining bank consent

A credit institution can meet the applicant and allow the transaction, if the borrower meets the following requirements:

A mortgage loan is paid for at least 4-5 years, and some banks require repayment of at least half of the amount.
The client does not have a single delay in payments.
Housing is located near any branch of the bank.

Features depending on the characteristics of the objects

The exchange of a mortgage apartment can be made on the following conditions:

At an equivalent

Produced by change of collateral in the same loan agreement. The selected object is checked by the bank security service. For this, the borrower must take various documents for the premises from the Criminal Code, EGRP, BTI.

If there are no obstacles to the purchase of new housing, documents are prepared:

exchange agreement;
an act on the transfer of a new collateral;
withdrawal from bail of the old housing.

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

To more expensive

Is it possible to exchange an apartment for a large one? At the expense of the cost of old housing, the loan is repaid, and the difference is used as a down payment for new housing. Such a deal more profitable for the bank, since the value of the collateral object increases.

How to do it? Most often carried out by selling a mortgage apartment with the consent of the bank and issuing a new loan. The client simultaneously submits an application for the sale of housing already taken on credit and for a new mortgage.

As a rule, such an exchange is easily permitted by the bank, if the borrower did not have arrears under the current agreement.

Change of debtor

It is carried out in case of a shortage of funds from the acquirer of housing. The buyer pays the seller a surcharge, and the remaining amount is made out in the form of a loan in his name.

At the same time, housing remains a guarantee. The difficulty of such a deal lies in finding a seller who is able to satisfy the bank with its solvency, therefore such schemes quite rare in practice.

Contract of sale

How to exchange a mortgage apartment for another by drawing up a contract of sale?

Funds from the sale go to repay the mortgage, a new mortgage is reissued.

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

The bank most likely will not want to take property 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 a consumer loan to pay the balance on the mortgage, and then simply draw up a new mortgage agreement.

You can also repay the balance due to the difference received from the buyer. In this case, the amount is taken as an advance, and the final transaction is executed after removal of the encumbrance from the housing.

Clearance transaction

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 controlling employee.

Actions are carried out in this way:

For each of the exchanged premises are issued sales contract. The living space sold by the borrower at this stage remains as collateral with the bank.
The borrower contacts Rosreestr and registers the purchase of new housing.
On the basis of a new Certificate new contract, in which the acquired housing is transferred to the creditor as collateral.
Credit organization issues clearance authorization with the former mortgage, and the new owner can complete the registration of the property.

Exchange of an apartment on a military mortgage

Is it possible to change the mortgage housing for another soldier? The most difficult case is a change in housing received by military personnel on special. the program.

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

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

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

If the exchange is made for a larger or smaller living space, then you will need to use a scheme with the repayment of the loan amount and the amount of deductions to Rosvoenipoteku.

The burden is removed, then drawn up new mortgage agreement.

The exchange of a mortgage apartment is a complex and rather risky process. For getting guaranteed resultit is more advisable to seek help in the implementation of a reliable real estate agency conceived by the employees.

You can learn about the nuances and risks of a surcharge transaction from the video:

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

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

APPLICATIONS AND CALLS ARE ACCEPTED 24 HOURS AND WITHOUT DAYS OFF.

It is fast and IS FREE!

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

Collateral replacement

Banks offer 3 ways out of this situation:

Pay off the loan completely. This solution is not suitable for everyone, since the amount of a one-time payment is quite large.
Transfer debt to a third party. Banks are reluctant to 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 mortgage apartments.

Goals

A mortgage has a security deposit (based). Most often, this is a purchased apartment. Banks allow their customers to exchange collateral for another apartment.

To do this, it is necessary that the borrower have a good reputation with the bank, and that the other apartment meets the requirements of the bank.

Banks allow the exchange of apartments on different conditions:

someone needs 2/3 of the entire mortgage to be repaid;
others insist that the new pledge be cheaper than the previous one;
still others look at the customer’s credit history.

In order for the bank to specifically authorize the replacement, all 3 conditions must be observed.

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

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

Is it possible to exchange an apartment located in a mortgage?

An apartment located in a mortgage and which is the subject of a pledge can be exchanged. This is stated in article 345 of the Civil Code of the Russian Federation.

To do this, you must comply with some conditions:

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

To another

The replacement of one apartment with another occurs only with the consent of the bank.

To do this, you must:

come to the bank, which is the pledge holder;
write an application for an exchange.

The following conditions must be observed:

Part of the mortgage must already be repaid without delay. As a rule, banks allow the exchange after 4 - 5 years of serviceable payments.
A new apartment should be 20-30% cheaper than the first collateral. That is, the cost of the new collateral, taking into account the interest on the loan, should be lower.
New housing should not be located "in a bear's corner." The bank will never allow you to buy an apartment in a region that is not served by this bank.

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

On the big

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

The most expensive apartments in Moscow and St. Petersburg. If the apartment, which is a mortgage pledge, is located in one of these 2 cities, and the new pledge is beyond the Ural Mountains, where apartments are much cheaper, then an exchange for a large area is possible.

Only the bank should serve this region, otherwise the bank will not allow the exchange.

In Sberbank

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

But to exchange an apartment bought in a mortgage from Sberbank is quite difficult. The bank is reluctant to replace collateral.

The bank gives the opportunity to exchange collateral only to trusted customers:

payroll project participants;
not having a single delay in payments;
having a good credit history with other banks.

If there is a need to change an apartment located in a mortgage with Sberbank, then you can use the option of sale.

Options

There are several options for exchanging a collateral apartment:

Exchange for a similar apartment in area and price. There are no problems with the bank. The subject of collateral is just changing.
A new apartment is more expensive. This is the most common situation, since the exchange is being launched precisely with the aim of expanding housing conditions. In this case, the cost of the old apartment goes to repay the old loan, and “surrender” - to a new loan.
The buyer does not have enough funds to buy a collateral 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 the outstanding loan, and the apartment remains in collateral.
Classic sale. One apartment is for sale and the old loan is repaid. Another apartment is bought - and a new mortgage line opens. You can even in another bank.

Bank Consent

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

the borrower has been repaying the loan regularly for several years, as a rule, the bank allows the exchange 5 years after opening the credit line, but some banks agree only after the borrower pays more than half of the debt;
the purchased apartment is located in the region that serves this bank;
the client has no delay in any payment.

Order of registration

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

Come to the bank and write an application for an 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 the requirements and gives consent.
Checking the legal cleanliness of the purchased apartment. This is usually done by realtors, or the bank’s security service.
At this time, documents are collected for the old and new apartments.
Then they are provided to the bank.
The bank is preparing two sets 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 there is a sale, the exchange of a collateral 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 is carried out 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 copy of all pages;
income statement for calculating a new credit line, it can be, both in the form of 2-personal income tax and in the form of a bank;
for men under 27 years old - the original and a copy of the military ID;
a document that can confirm that the borrower has a permanent job.

Documents for an apartment (both old and new) will be required:

title documents - that is, those documents that confirm that there are grounds for the emergence of a property right;
cadastral passport for an apartment, if the mortgage has been issued for less than 5 years, then the passport that was prepared at the previous registration is suitable;
extract from the house book about all those registered in the apartments;
an extract from the financial account for each apartment, this is necessary to confirm that there are no debts for the "communal apartment";
conclusion of an independent appraiser on the value of each apartment;
if children under 18 are registered in one of the apartments, then the consent of the guardianship and guardianship authorities may be required.

The exchange of a mortgage apartment is possible if you constantly cooperate with the bank and not allow delays in the mortgage loan. In most cases, banks are replacing collateral or replacing a borrower.

During the period of repayment of a mortgage loan, insurmountable circumstances may arise in the life of the borrower, requiring the exchange of an apartment purchased using borrowed funds. Read more about how to exchange an apartment in a mortgage for another - read on.

In accordance with Russian law and a signed loan agreement, the bank is a pledge holder of real estate and an interested party. Therefore, any actions with encumbered real estate should be carried out only with the consent of the lender.

Such actions include selling, exchanging, any improvement in housing, and in some cases even leasing. In particular, according to 102-FZ, it was established that, with the consent of the mortgagee bank, an apartment can be presented, exchanged, sold, made as a contribution to the property of a household, etc.

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

The procedure for the direct exchange of mortgaged apartments on a loan has the following nuances:

An exchange involves replacing an existing collateral, that is, re-registering a mortgage with another property.
The bank may give its consent to the replacement of collateral, but it is not required to do so.
The replacement process is regulated not so much by a loan agreement concluded with a specific borrower, but rather by internal regulations, instructions and regulations of the bank (some lenders can only allow an exchange after repayment of a debt more than half of the loan term, others do not have a strict binding to the date of the transaction).
The exchange of one apartment for another is possible only if the client has a positive credit history (absence of long delays).
Acquired real estate must cover the balance of the debt (taking into account accrued interest) at a discount of at least 20-30%.

Important! Before searching for new housing and signing any documents, the borrower should obtain prior permission from his bank. If this is not done, you can waste your time and energy and get rejected.

What exchange options can be: their pros and cons

Changing an apartment in a mortgage is possible with the help of several options, each of which has its own characteristics, pros and cons. Consider each in detail.

Removal of encumbrance by the bank from mortgage real estate and its sale with the purchase of a new one

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

In this case, the transaction will be carried out by paying off the remaining debt using your own funds or by attracting a regular consumer loan. In order to sell the apartment that is in the pledge of the bank, you should obtain his permission for such a procedure and additionally to remove the burden from it.

As practice shows, banks are reluctant to engage in such operations because of the increased risks. The benefit here is only for the client, improving their living conditions.

The process of removing encumbrance from mortgage real estate and its sale with the simultaneous purchase of a new one includes the following steps:

Obtaining permission from the creditor bank for the sale of encumbered real estate and simultaneously submitting an application for a new mortgage.
Repayment of residual debt under the current contract and the subsequent removal of encumbrance from real estate.
Search for a buyer for an apartment and conclusion of a contract of sale.
Search for a new apartment (a sale and purchase agreement is similarly concluded).
Conclusion of a new loan agreement.
The encumbrance of a new pledge at the registration authority.

For the buyer of the old apartment, there will be no drawbacks, as he purchases real estate already without any burden.

Replacement of collateral as agreed by the bank with another

An alternative way to exchange an apartment in a mortgage for another is to simply change the collateral by concluding an exchange agreement. The conclusion of such an agreement will be relevant only if the cost of two objects is almost identical. The establishment of such a fact is carried out by the interested creditor bank.

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

Obtaining the consent of the bank.
Providing a full package of documents for new housing.
Assessment of new housing and clarification of mortgage conditions for the upcoming transaction.
Signing an exchange agreement.
Transfer of a new apartment as a guarantee to the bank.
Removing an encumbrance from an old estate.

Such a transaction has a number of difficulties in its implementation, as there are few people among the property owners who are ready to agree to exchange an apartment, which is in the bank’s pledge.

Selling and buying an apartment in one bank on 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 property with the permission of the bank and buys a new one also with borrowed funds (with a surcharge through a mortgage).

The procedure consists of the following steps:

Obtaining the official consent of the bank and applying for a new mortgage.
Putting an old apartment for sale and concluding a contract of sale with the buyer.
Search for an acquired apartment (a purchase agreement is also concluded).
Making a deal on a new mortgage loan.
Removing the old encumbrance and pledging a new apartment.

That is, there is a simultaneous process of selling an old apartment and buying a new one. To reduce possible risks, you can use bank cells for settlements.

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

Separately, it should be said that the exchange of a mortgage apartment for a cheaper one will be extremely difficult. Obtaining permission from the bank in this case will be practically impossible, since no bank will agree to consciously reduce the liquidity of the collateral.

It is possible to get out of this situation with the help of a double contract of sale for both real estate objects, when the first apartment in the mortgage is sold after the removal of the encumbrance. This was described above.

Procedure for replacing collateral with Sberbank

Sberbank is the largest credit institution, which is very popular among the Russian population. Lending conditions in it are distinguished by minimum interest rates, a loyal attitude to borrowers and quick terms of processing.

The procedure for replacing collateral in Sberbank has a number of its own characteristics. In particular, the following nuances can be attributed to them:

the exchange of a mortgage apartment for another occurs according to the written application of the client;
the borrower provides a full package of mortgage documents for himself and all co-borrowers and guarantors for the current mortgage (passports, certificates, labor, etc.);
a package of documents is provided for the apartment, which is being replaced (assessment, documents of title, etc.);
the bank considers such a statement of the borrower up to 30 days;
if the decision of Sberbank is positive, then an additional agreement is written to the mortgage agreement on changing the collateral;
the new pledge is simultaneously registered and the encumbrance on the first apartment is removed from 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 interests.

What documents will be needed

For the exchange of collateral mortgage apartments, it is necessary to prepare the following set of papers:

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

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

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

title papers (certificate of ownership);
extract from the house book indicating all registered in a particular property;
cadastral passport of housing;
a certificate from the governing body about the absence of debts for housing services (for example, a certificate from the HOA);
real estate appraisal report executed by an accredited appraisal company.

The updated list of necessary documentation may vary slightly depending on the selected bank.

Important! Collecting a package of papers agreed with the bank should begin as early as possible, since this process can drag on, 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 located in a mortgage?” will be positive. The main condition for such a transaction is the obligatory obtaining of the official permission of the creditor. Having received the consent of the bank, the borrower can choose one of the options for replacing a mortgage apartment: using a barter agreement, a double sale contract or by first removing the burden from the collateral housing and its subsequent sale.

We remind you that the site is registering for a free consultation on complex issues of a legal nature and on lending. Just sign up through the form in the corner of the screen.

We are waiting for your questions and will be grateful for the assessment of the post and repost.

In August 2014, she issued a mortgage loan at VTB 24. 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 house, the construction of which will be completed on time.

I turned to the bank office, where I registered a mortgage loan. I was referred to the head of mortgage lending, Bnoy Anna. Having listened to me the first thing that she suggested that I refuse the loan altogether, probably for her it was the simplest solution to my question, and she probably didn’t quite worry that I had been paying interest and insurance for almost a year now. After my refusal of such a tempting offer, she warned that the procedure for replacing the deposit was paid. At the same time, I could not decide how much it ultimately costs, giving an approximate amount of 10 thousand rubles, having failed to explain to me what the exact amount will depend on. She never described the entire procedure for replacing the deposit.

After I received the cadastral number from the builder, I again turned to the bank, where I found out that now I need to make an assessment of the property at my own expense. Although VTB lawyers confirmed that he was accredited, and I did not make such an assessment during the initial registration of a mortgage.

A week later, I submitted to the bank a report on the evaluation 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 invited her to write a statement asking to change the subject of the pledge, and attach to it a list of documents provided, to which I received the answer: "If you want, sit down and write. We don’t practice this." To my question: "If you suddenly lose my documents?" - Anna said: "Do not want, do not leave!".

Then they sent me to pay, the cost was announced 9,000 rubles. The clerk asked me: "How much do you want to pay?" I was very surprised that no one could show me the tariffs where this cost is indicated, and actually no one knew about such a service. The operator took 20 minutes to learn how to accept payment from me, as a result, they accepted the money, but no one showed the tariffs.

After I made the payment, a week later Anna informed me that depositing money does not guarantee me a replacement of the deposit, and the bank has the right to refuse me without giving reasons.

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

This is such a customer care. And, by the way, Anna is one of the best employees, her photo is hanging on the honor board. What then to talk about the rest? Immediately, Anna even made a reservation that this service may be free, if the replacement of the collateral is not at the initiative of the borrower, but for objective reasons it is a necessary measure, but later it turned out that even a paid service does not guarantee the replacement of the collateral. Here is such a best employee can not provide the client with reliable data, constantly misleading him, and telling the truth only after making money to the cashier.

I’ll also confirm once again that no one has yet provided tariffs to me, and in general I’m apparently in no hurry to call me! What for? After all, the interest on the loan I pay regularly.