Resolution 961 of 11. Extension of the New Mortgage Borrower Assistance Program

The sharp depreciation of the ruble had a negative financial impact on foreign currency borrowers. Some of them even face bankruptcy. You can read about what bankruptcy threatens with a mortgage and what will happen to a mortgage apartment in the article at the link.

In 2015, the Government of the Russian Federation adopted a program to support mortgage borrowers who find themselves in a difficult life situation. This mortgage assistance program terminated ahead of schedule in March 2017 due to the expenditure of allocated funds.

In August 2017, the Government of the Russian Federation, headed by Medvedev D.A. allocated an additional 2 billion rubles to assist mortgage borrowers. However, the conditions of the program have changed significantly, and by 2018 the money allocated to help mortgage borrowers ran out again.

In order to further support mortgage lenders, the Government of the Russian Federation decided to provide additional funding for this program and, in accordance with Government Decree No. 1175 of 03.10.2018 " "On the further implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation", an additional amount of 731 million rubles was allocated.

For reference. The regulatory document regulating the procedure for providing assistance is Decree of the Government of the Russian Federation of April 20, 2015 N 373 (with amendments and additions in force in 2019) "On the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase authorized capital JSC "Agency for Housing Mortgage Lending".

Now let's take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.

Issues of providing assistance in case of difficulties in paying for mortgage loans the joint-stock company "DOM.RF" is engaged in (previously this company was called the "Agency for Housing Mortgage Lending").

Assistance is provided in the form of loan restructuring. At the same time, restructuring can be carried out both by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), and by concluding a new loan agreement (loan agreement) for the purpose of full repayment of the debt on the restructuring mortgage loan. To conclude a debt restructuring, the borrower must submit an application to a credit institution.

Maximum support amount

The maximum amount of reimbursement for a loan is 30% of the balance of the loan (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1.5 million rubles.

At the same time, the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage securities", on mortgage housing loans (loans), the rights of claim on which are acquired mortgage agents, and joint-stock company"DOM.RF" on mortgage housing loans (loans), the rights of claim on which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans(loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner provided by the regulation on the interdepartmental commission.

Program duration

Decree of the Government of the Russian Federation of October 3, 2018 No. 1175 sets the deadline for submitting an application for assistance - December 01, 2018. Such applications may be considered later, and the actual assistance for such applications will be provided in the 1st quarter of 2019.

Important. An application for the need for restructuring in accordance with the assistance program must be submitted before December 01, 2018.

Conditions for providing support to mortgage borrowers

Now let's see who can get help. In accordance with the current legislation, citizens can count on assistance in case of mortgage difficulties subject to the following conditions simultaneously(listed below):

1 obligatory condition - categories of borrowers.

The borrower (solidary debtors) is a citizen Russian Federation belonging to one of the following categories:

citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students.

2 condition - change financial position borrower (solid debtors).

To receive assistance, it is necessary that the average monthly total income of the borrower's family (solid debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated for the date preceding the date of filing the application for restructuring , does not exceed for each family member of the borrower (solid and several debtor) twice the amount living wage, established in the constituent entities of the Russian Federation, on the territory of which the persons whose incomes were taken into account in the calculation live.

New condition. At the same time, the average monthly total income of the borrower's family (solid debtors) in billing period is equal to the sum of the average monthly income of the borrower (solid and joint debtors) and his family members and the amount of the planned monthly payment on the credit (loan) calculated on the date preceding the date of filing the restructuring application has increased by at least 30 percent compared to the amount of the planned monthly payment, calculated as of the date of conclusion of the credit agreement (loan agreement).

In this way, despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition of increasing the monthly payment by 30% suggests that this program will be available mainly to citizens who have taken a mortgage in foreign currency.

3 condition - the location of the property and the official registration of the mortgage.

According to the current requirements, the object must be located on the territory of Russia, and must also be registered as a pledge. Read more about how to apply for a mortgage in this article.

4 condition - requirements for the area of \u200b\u200bthe room.

Assistance is provided if the residential premises, including residential premises, the right to claim for which arises from the contract equity participation less than:

45 sq. meters - for a room with 1 living room;
65 sq. meters - for a room with 2 living rooms;
85 sq. meters - for a room with 3 or more living rooms /

For reference. The condition of the minimum cost of 1 square. meters of total area excluded.

5 condition - the only housing.

Assistance is provided only in the presence of a single housing. At the same time, it is allowed to have an aggregate share of the pledgor and members of his family in the right of ownership of no more than 1 other residential premises in the amount of no more than 50 percent.

Important. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. Submission by the borrower of information from the Unified state register real estate is not required. Joint Stock Company "Agency of Mortgage housing loans"verifies the information provided in accordance with this subparagraph by the borrower.

6 condition - the term of conclusion of the loan agreement.

Support is provided only for those loans for which the agreement was concluded at least 12 months before the date of submission by the borrower of the application for restructuring, except in cases where the mortgage loan (loan) is provided for the purpose of full repayment of the debt on the mortgage at least 12 months prior to the date of submission by the borrower of the application for restructuring.

New exceptions. Clause 9 of the new Program Terms (as amended by Decree of the Government of the Russian Federation of 11.08.2017 N 961) provides that in case of non-compliance with no more than two conditions provided for in clause 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner, provided by the regulation on the interdepartmental commission.

Form of support for mortgage borrowers

In order to receive assistance, the bank must provide following changes in terms of a mortgage loan:

Which banks provide assistance to mortgage borrowers

Acceptance of documents to assist borrowers under the state program is carried out by the main banks of the Russian Federation. These include:

Sberbank, Gazprombank, VTB 24, Rosselkhozbank, Bank of Moscow, UniCredit Bank, Promsvyazbank, ROSBANK, BINBANK, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Far East Bank, Zapsibkombank, Bank ZENIT, Izhkombank, Krayinvestbank, Kurskprombank, LOKO-Bank , METKOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.

Recall that in order to receive restructuring, you need to apply to the bank that issued the mortgage loan, and then the bank itself applies to the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are met, it will not be superfluous to refer to the Decree of the Government of the Russian Federation of 04.20.2015 N 373 in the application to the bank.

Please note that the program does not provide for the complete exemption of the borrower from making monthly payments on the loan, from paying fines, penalties and penalties accrued under the terms of the loan agreement (loan agreement). The lender may consider the partial or full write-off of fines, penalties and forfeits for late payments formed during the period of deterioration of the borrower's solvency. However, according to the assistance program approved by the Government of the Russian Federation, he is not obliged to do this. In addition, the program does not provide for the release of the borrower from property and title insurance obligations, as well as personal insurance, the conditions for which are prescribed in the current loan agreement.

In order to receive support, it is necessary to submit to the bank where the mortgage loan was received, applications with a list of documents provided by AHML JSC (DOM.RF).

The Government of the Russian Federation decides:

1. Approve the attached changes that are being made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation dated April 20, 2015 No. 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 17, art. 2567; No. 50, art. 7179; 2016, No. 50, article 7089; 2017, No. 8, article 1245).

2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:

before September 1, 2017, create an interdepartmental commission to make decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans) , the rights of claim for which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which are acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;

send to the joint-stock company "Agency for Housing Mortgage Lending" to in due course cash in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 No. 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending for the purpose of compensating for losses (part thereof) to creditors (lenders) ) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the joint-stock company Agency for Housing Mortgage Lending "on mortgage housing loans (loans), the rights of claim on which are acquired by this company, in the event that these mortgage housing credits (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) that find themselves in a difficult financial situations.

3. Federal Agency for Management state property ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.

4. Recommend to the joint-stock company "Agency for Housing Mortgage Lending" before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) on mortgage housing loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the joint-stock company Agency for Housing Mortgage Lending, fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage housing loans (loans), the rights of claim under which are acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application of the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.

APPROVED
Government Decree
Russian Federation
dated August 11, 2017 No. 961

changes,
which are included in the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation

The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation shall be stated as follows:

"APPROVED
Government Decree
Russian Federation
April 20, 2015 No. 373
(as amended by the decision
Government of the Russian Federation
dated August 11, 2017 No. 961)

Basic conditions
implementation of an assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

1. The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage housing loans (loans) for certain categories borrowers who find themselves in a difficult financial situation, as well as the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing credits (loans), rights claims for which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" for mortgage housing credits (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from such restructuring (hereinafter, respectively - the creditor, borrower, reimbursement, restructuring).

2. Reimbursement under the program is carried out on a one-time basis for mortgage housing loans (loans) restructured in accordance with this document, in the manner established by the Joint Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".

3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for by subparagraph "c" of paragraph 10 of this document, the amount monetary obligations borrower under loan agreement(loan agreement), but not more than the maximum amount of compensation established by paragraph 6, subject to paragraph 7 of this document.

4. Reimbursement under the program is carried out within Money provided for the implementation of the program.

Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

6. The maximum amount of compensation for each restructured mortgage housing credit (loan) is 30 percent of the balance of the credit (loan) amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except for the cases provided for in paragraph 7 of this document.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", on mortgage housing loans (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company "Agency for Housing Mortgage Lending" on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;

b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the family of the borrower (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in the fifth paragraph of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of rights of claim to such dwelling, arising from an agreement on participation in shared construction that meets the requirements federal law"On participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation" (hereinafter referred to as the agreement on participation in shared construction);

G) total area residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of Decree of the Government of the Russian Federation of April 20, 2015 No. 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the charter of the capital of the joint-stock company "Agency for Housing Mortgage Lending" by the date of the borrower's application for restructuring, it is allowed to have an aggregate share of the pledger and members of his family in the ownership of no more than 1 other residential premises in the amount of not more than 50 percent. the family members of the pledgor include the spouse of the pledgor and his minor children, including those under his guardianship or guardianship.Compliance with these conditions is confirmed by the application of the borrower in a simple written form.Representation by the borrower of information from the Unified State Register of Real Estate is not required. th society "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;

f) the loan agreement (loan agreement) was concluded at least 12 months prior to the date of filing by the borrower of the application for restructuring, except for cases where the mortgage loan (loan) was granted for the purpose of full repayment of debt on a mortgage housing loan (loan) provided at least than 12 months prior to the date of the borrower's application for restructuring.

9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by central bank Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

b) setting the lending rate not higher than 11.5 percent per annum (for credits (loans) denominated in foreign currency) or not higher than the rate in force on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);

c) reduction of monetary obligations of the borrower (solidary debtors) in the amount of not less than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the credit (loan) currency from a foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) recovered on the basis of a court decision that has entered into legal force.

11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.

12. All settlements under the program are made in Russian rubles at the rate of the relevant currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).".

Document overview

The main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation have been clarified. The changes will make it possible to continue the program and restructure at least 1.3 thousand credits (loans).

The Ministry of Construction of Russia provides for the creation of an interdepartmental commission that will be able to make decisions, including on increasing the amount of compensation to borrowers.

In addition, the Ministry was instructed to send 2 billion rubles to the Agency for Housing Mortgage Lending. for the purpose of the program.

The limitation of the duration of the program of assistance to mortgage borrowers in a difficult financial situation has been canceled

Amendments made to the Basic Provisions for the Implementation of the Assistance Program for Certain Categories of Borrowers on Housing Mortgage Loans, including:

the restriction on the duration of the Program was canceled (previously, the duration of the Program applied to restructuring agreements concluded before May 31, 2017);

the maximum reimbursement amount for each restructured mortgage loan has been increased from 20 to 30 percent of the balance of the loan amount calculated as of the date of conclusion of the restructuring agreement, but not more than 1.5 million rubles, in relation to all categories of borrowers (in this case, the maximum amount may be increased by decision an interdepartmental commission formed to make decisions on reimbursement to creditors, mortgage agents, AHML JSC for losses resulting from the restructuring of mortgage housing loans in accordance with the terms of the Program, no more than 2 times);

specified in the restructuring agreement mandatory condition on establishing the lending rate for the entire term of the loan not higher than 11.5 percent per annum (previously not higher than 12 percent per annum) for loans denominated in foreign currency.

Earlier, by Decree of the Government of the Russian Federation of July 25, 2017 N 1579-r, 2 billion rubles of budgetary appropriations were allocated for the implementation of the Program. Now these funds are directed to the authorized capital of AHML JSC for the purpose of compensating for the incurred losses.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT FURTHER IMPLEMENTATION

The Government of the Russian Federation decides:

1. Approve the attached changes that are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program assistance to certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2015, N 17, art. 2567; N 50, art. 7179; 2016, N 50, item 7089; 2017, N 8, item 1245).

2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:

by September 1, 2017, create an interdepartmental commission to make decisions on reimbursement to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans) , the rights of claim for which were acquired by mortgage agents, and to the joint-stock company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulation on the said commission, the composition and procedure for its work;

to send funds in the amount of 2 billion rubles to the joint-stock company Agency for Housing Mortgage Lending in accordance with the established procedure in accordance with the order of the Government of the Russian Federation of July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company Agency for Housing Mortgage Lending ” for the purpose of compensating for losses (or part of them) to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing credits (loans), the rights of claim on which acquired by mortgage agents, and to the Joint Stock Company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim on which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.

3. The Federal Agency for State Property Management shall, in accordance with the established procedure, increase the authorized capital of the Joint-Stock Company "Agency for Housing Mortgage Lending" by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of the property rights of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company Agency for Housing Mortgage Lending.

4. Recommend to the joint-stock company Agency for Housing Mortgage Lending, before increasing the authorized capital in accordance with paragraph three of clause 2 and clause 3 of this resolution, to direct its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) on mortgage housing loans ( loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, losses (part thereof) resulting from the restructuring on the terms of the program assistance to certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation, and allow the funds received in accordance with paragraph three of clause 2 of this resolution to be used to reimburse the costs of the Joint-Stock Company "Agency for Housing Mortgage Lending", fuss those who during the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If applications of borrowers for restructuring mortgage housing credits (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (their part) to creditors (lenders) on mortgage housing credits (loans), mortgage agents carrying out activities in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim on which are acquired by mortgage agents, and to the Joint-Stock Company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim on which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, as amended by this resolution.

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

CHANGES,

WHICH ARE INCLUDED IN THE MAIN CONDITIONS OF IMPLEMENTATION

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

“Approved

Government Decree

Russian Federation

(as amended by the decision

Government of the Russian Federation

GENERAL CONDITIONS

IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR CERTAIN CATEGORIES OF BORROWERS

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) under mortgage housing credits (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and joint-stock to the company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim on which were acquired by this company, of losses (part thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).

2. Reimbursement under the program is carried out on a one-time basis for housing mortgage loans (loans) restructured in accordance with this document, in the manner established by the Joint-Stock Company “Agency for Housing Mortgage Lending”, published on its official website in the information and telecommunication network “Internet”.

3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph “c” of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.

4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) on mortgage housing loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, on mortgage housing loans (loans), the rights of claim under which were acquired by mortgage agents, and to the joint-stock company “Agency for Housing Mortgage Lending” on mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of mortgage housing loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on interdepartmental commissions.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

a) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories:

citizens who have one or more minor children or who are guardians (custodians) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

b) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the family of the borrower (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph “a” of this paragraph, and the amount of the planned monthly payment on the credit (loan) calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

c) the fulfillment of the obligations of the borrower under the loan agreement (loan agreement) is secured by a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims to such residential premises arising from an agreement on participation in shared construction that meets the requirements of the Federal Law “On Participation in Shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as the agreement on participation in shared construction);

d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;

e) residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers on mortgage loans (loans) in a difficult financial situation, and an increase in the authorized of the capital of the joint-stock company "Agency for Housing Mortgage Lending" as of the date the borrower submits an application for restructuring, it is allowed to have a total share of the pledger and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph, the family members of the pledger include the spouse of the pledger and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the application of the borrower in a simple written form. The submission by the borrower of information from the Unified State Register of Real Estate is not required. Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;

10. The restructuring agreement must simultaneously provide for the following conditions:

a) change in the currency of the credit (loan) from foreign currency to Russian rubles at an exchange rate not exceeding the exchange rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);

Relevance of the article: March 2019

Mortgage lending in our country continues to be one of the most available ways to buy real estate.

Various events occur in life, including unforeseen ones, when the borrower and his family are in distress and cannot regularly pay the mortgage loan, which entails the accrual of a penalty and further loss of housing.

Assistance to the borrower can be provided by the Agency for Housing Mortgage Lending (AHML).

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Legislation

In connection with the crisis, many borrowers have lost their ability to pay before the bank. In the spring of 2015, a meeting of the Government was held, where the question was decided - what measures the state would take in the current situation. As a result, Decree No. 373 of April 24, 2005 was issued. and the Home Mortgage Insurance Agency established.

AHML is federal agency in the form of an open joint stock company with 100% state capital. The Agency received 4.5 billion rubles from the state to assist borrowers, and subsequently (11/24/2016) additional changes were made to the program.

Acceptance of applications from those wishing to take part in the program was completed on March 7, 2017. This is due to the fact that financial resources allocated for aid were used up.

By Government Decree No. 961 of August 11, 2017, assistance for those borrowers who, due to circumstances, found themselves in a difficult situation with a mortgage, was extended.

This is primarily due to the fact that most of the clients who used a home loan were left in a difficult situation and could not cope with payments without the help of the state.

In accordance with the new program, borrowers are entitled to write off 30% of the remaining debt, but in an amount not exceeding 1,500,000 rubles.

In addition, the state will also write off the accrued penalty, but only if the penalty was not paid or collected according to court order.

Goals and objectives of AHML

Citizens who have taken a mortgage loan can expect:

To write off the amount in a single payment;
Translation foreign currency loan on mortgage in ruble;
Reduction of the mandatory amount for the payment of the monthly payment;
Non-payment of mandatory payments for certain period and postponing them to a later date..

The new program: its essence and goals

In the new program to support borrowers, priority is given to special conditions for a loan taken in foreign currency.

According to Government Decree No. 961 dated August 11, 2017, the following categories of borrowers can receive special conditions:

Disabled or having disabled children;
If there is one or more children under 18 in the family;
Citizens in whose care there are persons under 24 years of age;
Students - full-time students;
Veterans who participated in the fighting.

According to the assistance program, two more conditions must be met:

First, the amount of the monthly payment on the mortgage loan has increased by at least 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement.
The second condition is as follows: three months before the proposed restructuring, the income for each family member must be less than two living wages.

The updated assistance program is designed for borrowers with foreign currency mortgage loans.

The Government explains the decision to help borrowers who have taken out mortgages in foreign currency by the fact that the first wave was aimed at ruble mortgages, and the 2017 program was aimed at foreign currency housing loans.

It is planned to create a special commission, whose tasks will include consideration of problematic appeals.

Sometimes a borrower does not fit any of the mandatory items, but it is obvious that he needs state support. Such cases will be considered on the basis of the request of the bank that provided the loan.

Requirements for the borrower

Borrowers must meet the following requirements:

Citizenship of the Russian Federation;
Personal income for each must be less than two living wages, while the calculation is for three months;
Housing must be purchased in Russia.

If you want to know about federal program resettlement - demolition of dilapidated and dilapidated housing, we advise you to read.

Conditions for real estate

An apartment issued on a mortgage loan must meet certain requirements. If at least one of them is not observed on the appeal, a refusal will be received.

The requirements are the following:

Housing must be unique;
The mortgage agreement must be signed at least 12 months before applying for debt restructuring;
The cost of one square meter should not exceed 60% of average cost by region of residence.

There are also restrictions on the size of the apartment.

For a single room, the limit is set to 45 square meters, a two-room dwelling cannot exceed 65 square meters, and a three-room dwelling cannot exceed 85 square meters.

If in mortgage lending takes part, then he is obliged to provide all the documentation about himself and his family members.

List of documents for participation

If the borrower decides to seek help from AHML and revise the debt, he needs to come to the bank branch and tell about his intention.

The specialist will direct the client to the branch where they deal with overdue debts, where the borrower will be told what documents must be provided to participate in the program.

A statement where the borrower indicates the reason for non-payment. This may be the loss of a job or a decrease in family income;
Questionnaire for loan restructuring;
Passports and birth certificates of all family members;
Marriage document;
Certificate if the marriage is dissolved. When changing the surname, an appropriate document is also required;
Certificate of a veteran of military operations, if a citizen belongs to this category;
Documents confirming the status of a disabled person (if any);
The dependent presents a birth certificate;
Dependents bring a certificate from the university confirming the completion of training;
Information about the composition of the family;
Notice from the pension fund that there is no independent income;
A copy of the work book (must be certified);
For individual entrepreneurs - a certificate;
Certificate of employment (for law enforcement officers);
A document confirming registration with the employment center and work book, this applies to unemployed persons;
Certificate in the form 2-NDFL from the borrower, as well as members of his family;
Certificate from the FSS of the Russian Federation on the assigned benefits and other payments;
The document issued pension fund about the state personal account. This is a mandatory document for all;
Help about joint family income in the form of a bank;
Pensioners provide a certificate of the amount of the pension;
Validation of patents and tax returns;
Application of the borrower, where he indicates personal property on the territory of the Russian Federation;
Loan agreement and payment schedule;
Collateral valuation agreement;
If the mortgage was concluded for housing under construction, then an equity participation agreement is provided;
Technical and cadastral passport for housing.

We offer you a sample application for state support: Download .

We offer you a sample questionnaire on loan restructuring: Download.

Terms and maximum amount of support

Decree No. 961 does not specify the period for the implementation of the program; it will end when the funds allocated to help borrowers run out completely.

If earlier the amount of assistance was 200,000 thousand rubles, then 600,000 rubles, today maximum size support totals 1,500,000 rubles.

Advantages and disadvantages

The new program helps the bank 's clients cope with life circumstances and take advantage of government assistance .

Increasing the maximum support amount makes mortgage payments much easier.

Many borrowers who wish to take advantage of the support note that the mechanism for implementing the program is complex and has a number of disadvantages:

Extensive list of documents for consideration of the application;
Long application processing time;
No requirement to disclose the reason for refusal;
Lack of transparency in application review mechanisms.

Mortgage borrowers who find themselves in a difficult situation have a chance to take advantage of state program help.

To do this, they need to carefully study Government Decree No. 961 of August 11, 2017 and collect the required package of documents.

If the decision is made in favor of the borrower, then he will be provided with assistance from the state, which will facilitate the payment of the mortgage debt.

Mortgage borrowers are being extended; an additional 2 billion rubles will be allocated. We invite you to watch the video and learn more useful information about this question.

Changes have been made to the program of assistance to borrowers on mortgage loans. Plus issued 2 billion rubles.

The edition is valid from 22.08.2017

Type of document: REGULATION

Accepting body: GOVERNMENT OF THE RUSSIAN FEDERATION

Document number: 961

Revision date: 08/11/2017

Acceptance date: 08/11/2017

Publication: Official Internet portal legal information www.pravo.gov.ru, 14.08.2017, N 0001201708140008

Publication: Russian newspaper, N 182, 17.08.2017

Publication: Collection of Legislation of the Russian Federation, N 34, 08/21/2017, art. 5285

To read as follows:

"APPROVED
Government Decree
Russian Federation
dated April 20, 2015 No. 373
(as amended by the decision
Government of the Russian Federation
dated August 11, 2017 No. 961)

Basic conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) who find themselves in a difficult financial situation

1. The main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage loans (loans) in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers in a difficult financial situation, and also the terms of compensation to creditors (lenders) on mortgage housing credits (loans), mortgage agents operating in accordance with, on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the Joint-Stock Company "Housing Mortgage Lending Agency" under mortgage housing loans (loans), the rights of claim on which are acquired by this company, losses (parts thereof) resulting from such restructuring (hereinafter, respectively - creditor, borrower, compensation, restructuring).

3. Losses (their part) of the creditor on each mortgage housing loan (loan) restructured in accordance with this document are subject to compensation in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.

4. Compensation within the framework of the program is carried out within the limits of funds provided for the implementation of the program.

5. Restructuring is carried out on the basis of the decision of the creditor on the application for restructuring provided by the borrower to the creditor (hereinafter referred to as the application for restructuring). Restructuring can be carried out by concluding an agreement by the creditor and the borrower (solid and several debtors) on changing the terms of a previously concluded loan agreement (loan agreement), entering into a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage housing loan (loan), concluding a settlement agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with Federal Law "On Mortgage Securities", on mortgage housing credits (loans), the rights of claim on which are acquired by mortgage agents, and to the Joint-Stock Company "Agency for Housing Mortgage Lending" on mortgage housing credits (loans), the rights of claim on which are acquired by this company, losses (part thereof) incurred in as a result of the restructuring of mortgage housing loans (loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing credit (loan) on the basis of the relevant application of the lender to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.

8. Unless otherwise provided herein, as of the date of submission of the application for restructuring, the following conditions must be simultaneously met:

A) the borrower (solidary debtors) is a citizen of the Russian Federation belonging to one of the following categories: citizens who have one or more minor children or are guardians (custodians) of one or more minor children; citizens who are disabled or have disabled children; citizens who are combat veterans; citizens who are dependent on persons under the age of 24 who are students, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;

B) change in the financial position of the borrower (solidary debtors) - the average monthly total income of the borrower's family (solidary debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the scheduled monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, does not exceed for each family member of the borrower (solidary debtor) twice the subsistence level established in the constituent entities of the Russian Federation, in whose territory the persons whose incomes were taken into account in the calculation live. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly incomes of the borrower (solidary debtors) and members of his family, which for the purposes of this subparagraph include the spouse (wife) of the borrower (solidary debtor) and his minor children, in including those under his guardianship or guardianship, as well as the persons specified in the fifth paragraph of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, has increased by at least by 30 percent compared to the amount of the planned monthly payment calculated as of the date of conclusion of the loan agreement (loan agreement);

C) collateral for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is a mortgage of a dwelling located on the territory of the Russian Federation, or a pledge of claims to such dwelling, arising from an agreement on participation in shared construction that meets the requirements Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation"(hereinafter referred to as the agreement for participation in shared construction);

D) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement on participation in shared construction, the mortgage of which is a security for the fulfillment of the obligations of the borrower under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;