Sale of an apartment that is in the mortgage of the Savings Bank. How to sell an apartment in the mortgage of Sberbank? Procedure for selling an apartment. Mortgage real estate. What are the risks of buying a mortgage apartment

Due to the high cost of real estate, not everyone can afford to buy a home for cash. Many are already accustomed to the fact that there is mortgage lending and actively use this service. An apartment purchased not for cash, but for a mortgage, is collateral.

The majority believes that it is impossible to sell purchased housing on a mortgage until the obligations are repaid in full. In practice, everything looks different, and the process of registering a sale transaction is executed in a different way.

Mortgage in Sberbank

Mortgage products practically do not differ from each other. The advantage of a mortgage with Sberbank is that the financial institution does not change the terms of use of the loan agreement. To date, this banking institution offers one of the lowest interest rates, a minimum package of documents, and quick processing. That is why the bank won trust and respect among the population of the Russian Federation.

Bank mortgage programs:

  • lending to a young family: at the time of obtaining a loan, spouses should not be more than 35 years old, the presence of a minimum down payment, a mortgage is issued at a small percentage;
  • primary housing: a mortgage is issued for objects under construction, the main advantage is that the bank acts as a partner and guarantor in this transaction;
  • finished housing: a possible option for acquiring both primary and secondary housing;
  • minimum package of documents: to submit and consider a loan application, you need a passport and any identity document, in this case the interest rate will be slightly higher than usual;
  • real estate outside the city: the program allows you to purchase a country house;

What Causes a Mortgage Sale to Occur

There are many reasons for selling a home. For example, over time, the district, the location of the property, the urgent move or the lack of funds to fulfill credit obligations in full began to dissatisfy.

Lack of funds

Sometimes there are financial difficulties to meet their credit obligations. There may be several reasons:

  • job loss (this is relevant in a crisis);
  • decrease in family income;
  • illness of the borrower or members of his family.

Mortgage is a long-term type of lending, of course, when applying, we hope and calculate everything to the smallest detail, but force majeure happens in life. In such a situation, the only way out is to sell a mortgage apartment. It is also worth considering that in case of late repayment of the loan, the bank has every right to put the apartment up for auction.

Desire to relocate

Sometimes there are situations when housing ceases to suit, and then the owners decide to sell it. For example, you changed your place of work and instead of the usual 40-50 minutes you need to get 2-3 hours. This situation causes a number of inconveniences, and therefore the owners find options that are acceptable to them.

Sberbank requirements for the sale of mortgaged housing

The bank does not have the right to refuse its client to sell mortgaged real estate, which is why a sales mechanism was developed.

To carry out the transaction, you must notify the bank in advance. To do this, it is necessary to collect and provide weighty arguments to the financial institution. Of course, it is unprofitable for the bank to carry out such operations, since this may carry credit and operational risks, as well as the loss of customers.

Written notice must be obtained from the financial institution to authorize the sale of the property. Usually, after notification, the bank prepares a letter of authorization for the sale to a third party. If you have received a refusal, you can appeal it by contacting the central bank. Before contacting a financial institution, notify the credit manager. We assure you that no bank will want to inflate the issue to the level of the regulator. As soon as you have the coveted letter of permission in your hands, proceed to prepare the necessary documents.

Before selling the property, you will need to pay off all accrued interest, if any.

How to sell a property

The most optimal option, which does not involve risks, is the full repayment of the mortgage. If you do not have such an opportunity, then:

  • lend the necessary amount of money;
  • pay off your mortgage in full
  • after the mortgage is repaid, you become the owner, and this gives you the right to remove the encumbrance (withdrawal from the pledge) on the property;
  • carry out a transaction for the sale of an apartment;
  • return the previously taken debt.

Another possible option is to receive a deposit from buyers of your property.

Methods for selling real estate with permission from Sberbank

There are several options, and all of them are successfully practiced.

A new buyer purchases an apartment from a borrower, while using a safe deposit box. For this, 2 cells are drawn up. One contains the full amount of the value of the object, and the second contains the difference from the cost and the resulting mortgage debt. One cell belongs to the seller, and the second to the bank.

The buyer can purchase the property using a letter of credit. The account is opened in the bank where the mortgage is directly issued. The funds are transferred on the day of the transaction.

The method of full repayment of the loan agreement with the consent of the bank. For this, permission is obtained from the bank, a sale and purchase agreement is drawn up, in accordance with the law, and the transaction is carried out.

Methods of selling real estate without bank permission

This method does not involve the participation of a banking institution. For its implementation it is necessary:

  • take documentary evidence, a certificate of mortgage debt from your loan officer;
  • clarify information about the absence of penalties for early repayment of a mortgage;
  • conclude a notarial agreement between the seller and the buyer;
  • agree in advance on the receipt of the required amount of money, as an option, it can be transferred to a bank account or use a depository;
  • after that, you close the mortgage debt in full, the loan officer will issue you a confirming receipt order indicating the full closing of the mortgage in the purpose of payment;
  • after that, the bank removes the encumbrance from the property, and a certificate is issued on closing the mortgage and on the absence of debt;
  • then it is necessary to register for the transaction and remove restrictions from it;
  • after receiving all the documents on the closing and repayment of the mortgage, we go to the notary chamber to draw up a contract of sale.

Sometimes the situation develops in such a way that the borrower is forced to sell the acquired property without repaying the loan taken for it. You need to study in advance how to sell an apartment in a Sberbank mortgage, which you should pay special attention to.

The main reasons to sell credit housing

By arranging a mortgage for a client, Sberbank expects to receive a certain stable profit over several years. The debtor repays the loan received, distributing his expenses reasonably. But sometimes the life situation changes, and the borrower is forced to sell credit real estate.

The main reasons for selling credit property are:

  • a sharp deterioration in the financial situation, the inability to pay monthly payments;
  • moving to another area;
  • the desire to expand the living space and acquire more spacious housing.

To sell a home taken on a mortgage, you must go through several stages:

  1. search for a buyer;
  2. receiving money to pay off the balance of the loan;
  3. closing a loan;
  4. removal of encumbrance from real estate;
  5. closing the sale and purchase transaction.

Benefits of selling real estate on your own by the borrower

The debtor has no right and cannot sell the pledged property without the consent of Sberbank. With a sharp deterioration in the financial situation, he must notify the bank of the impossibility of further payment of the mortgage taken. If the client cannot independently decide how to sell the property, Sberbank sells it on its own behalf.

The sale of property by a banking organization is unprofitable for the client, since bankers are interested in realizing collateral property in a short time and repaying the amount of debt. The apartment will be offered at a price below the market, it is more profitable for the borrower to find a buyer on his own.

The client should discuss with the manager of Sberbank the problematic issues that have arisen with the repayment of the mortgage, choose the best time and options for how to sell the property.

The main ways to sell mortgaged housing

Selling property pledged by Sberbank is not easy. Many buyers are afraid to go into a mortgage deal for fear of losing their money. The task of the borrower is to convince the buyer of the purity of the sale, to obtain a guarantee and support from the banking structure. There are several ways to sell a Sberbank mortgage apartment.

Realization of housing after full repayment of the loan

The most acceptable option for bankers is to fully repay the loan taken by the debtor, remove the encumbrance from housing and its further sale. The seller will be able to use this option provided that he manages to borrow the missing amount in the amount of the loan balance from a third party - relatives, relatives or as a loan from another financial and credit institution. But if his financial and material situation worsens, this option is not available to the borrower.

Realization of housing by a bank

In this case, the borrower does not make any effort to sell the apartment, all actions are performed by the bank. Sberbank sells collateral real estate, repays the issued loan, and gives the balance, if any, to the client. Bankers are interested in repaying the debt in a short time by quickly selling problem property. After paying interest and the body of the loan, the borrower may be left with a minimum amount.

Real estate sale by the borrower

A bank client can independently search for a buyer and arrange a purchase and sale without involving bankers. In this case, the risks on the part of the buyer increase, who needs to secure the transaction as much as possible. The buyer pays the balance of the mortgage amount by concluding an advance payment agreement and a preliminary sale and purchase agreement with the seller. After repaying the loan, the seller removes the encumbrance from the apartment and closes the deal with the buyer. The main risk for the buyer lies in the time period, which can be up to 2 weeks, if the mortgage on the mortgaged apartment was transferred by the bank to a third party.

If the buyer does not have enough own resources to fully pay for the purchased apartment, he can re-register the mortgage on the apartment in his name. The bank will give him a loan for the missing amount. The buyer will re-register ownership and credit.

Some real estate agencies, for a fee, provide their clients with the service of repurchasing debt to the bank. The agency transfers funds to the borrower to pay off the balance of the loan, and after removing the encumbrance and receiving money from the sale of real estate, the client repays his debt to realtors. Constant monitoring of the transaction by real estate agency specialists reduces the risk for the buyer to be left without money and an apartment.

If the owners of the mortgage apartment are minors, the sale will require permission from the guardianship and guardianship authorities.

When deciding to purchase an apartment on credit, it is recommended to carefully study the current programs of leading banks, pay attention to state-supported mortgages, the interest rates for which are lower than in other loan products.

For many residents of Moscow, the issue of mortgages remains relevant. Real estate in the capital is expensive, and often there is no other way but to take a bank loan to buy it. An apartment bought with a mortgage is a kind of guarantee that the bank will get back the loan. This means that the ownership of such real estate, although it belongs to you, is “frozen” by the bank, that is, its transfer is prohibited.

But what if circumstances do not allow you to repay the loan? For example, no one is immune from divorce, quarrels between relatives, loss of solvency, or any other situation that forces you to sell housing for which the mortgage has not yet been paid. Or it may happen that during the long period that the bank gave you to return the funds, you decided to change housing, for example, due to a job change? This issue can be resolved in several ways.

Full repayment of the loan before the sale of housing

This option involves the full repayment of the debt before selling the old apartment and buying a new one. As soon as the mortgage debt is paid off, all restrictions on the sale of the mortgaged apartment will be lifted from the borrower. This will allow you to buy new housing without any problems for personal funds or, again, on credit.

The key point in this option is the question - "where to get the money to pay the balance of the loan?". After all, the old housing has not yet been sold, and there are no personal funds in such quantities, otherwise why would you have to take a property on credit? Here the borrower has several options. He can borrow money from friends or relatives. In this case, all the manipulations with the bank and the purchase of a new home will take only a few days, after which you can return the money borrowed.

If this option is not possible, money can be obtained from a person interested in buying your home. Then the stages of the transaction will have the following sequence:

  • The borrower (seller) must contact the bank where the loan was issued and clarify the balance of the mortgage debt. At the same time, you can take a document confirming the amount of the debt from the bank in order to present it to the buyer.
  • Between the seller and the buyer it will be necessary to conclude an agreement, which must be certified by a notary.
  • The seller agrees with the buyer on options for transferring money to repay the balance of the loan: in cash (an unreliable option for the buyer, therefore it is rarely used), transferring funds to a bank account or repaying a debt in a bank in the presence of both the seller and the buyer.
  • The next step is to pay off the debt. The seller can repay the debt on the loan: the bank draws up all the payment documentation for him, which will prove the participation of this person in repaying the loan. At this stage, there is one important point: first make sure that the mortgage agreement with the bank does not include a penalty for early repayment of the loan. In any case, you can pay off the debt earlier, but if there is a penalty point, you will have to pay extra for this.
  • Further, the bank removes the encumbrance from the borrower and issues him a document on the removal of the encumbrance and the repayment of all debts to the bank.
  • After receiving all the necessary documents, you need to register the transaction and the fact that the borrower has removed all restrictions on its completion. Only then will the debt repayment agreement become legally binding.
  • Having with you all the necessary documents and a registered contract, you need to come to the notary's office, where you can draw up a contract of sale. This document is also subject to state registration, after which it will become the basis for obtaining a certificate of ownership.

Sale with the involvement of the bank

The essence of this transaction is the same as in the first option. The only difference is that now the legal rights of the seller and the buyer are well protected. This method is considered the safest and excludes any fraudulent actions on both sides. In this case, the buyer can safely transfer money to pay off the debt to the seller without fear of losing their funds.

As an additional security measure, the bank provides the buyer with the opportunity to draw up a guarantee agreement. Thanks to this agreement, the buyer will be able to independently repay the balance of the debt and acquire the right to demand the return of this debt from the seller.

Transfer of debt to another person

The basis for such a transaction is often the inability of the current homeowner to repay the debt on the loan. In this case, the bank can enter into the position of the borrower and offer him two options for the transaction:

  • A new borrower takes a loan from a bank where a loan was issued for an apartment for sale:
  • A new borrower can take a loan from another bank.

The first option is simpler. Before proceeding with the transfer of debt, again, make sure that the contract does not provide for a penalty for early repayment of the loan. The person to whom it is planned to issue the debt of the current borrower must bring a package of documents to the bank - these are all the papers that are provided to the bank when applying for a loan. A complete list of required documents must be clarified at the bank.

If there are no problems with the documents, the bank will conclude a loan agreement with the new borrower. Funds under this agreement will go to repay the loan of a person who wants to sell an apartment. The bank also draws up ownership and debt to a new borrower.

There are several important details in this transaction: the interest accumulated on the mortgage will have to be paid to the old borrower, because they do not relate to the cost of housing. If at the time of the sale of the apartment, the old borrower has already repaid most of the loan, and the debt on the loan is lower than the cost of this apartment (this can still happen if the price of real estate rises), the difference is paid to the old borrower.

Having chosen the second option of the transaction, keep in mind: the creditor bank will not always be ready to meet you, as in this case it will lose income without receiving interest on the loan. Yes, and the scheme with this version of the transaction will be more complicated. The buyer himself decides the issue of obtaining a loan from a new bank. He can take a consumer loan without collateral, indicating the purchase of housing as the intended purpose, or a loan secured by other property. This method is considered the most difficult and disadvantageous for all parties.

Sale of an apartment using maternity capital

In this case, the borrower will need to apply to the bank to obtain the conditions under which this transaction can be carried out. After stipulating the conditions of the bank, the borrower will be able to repay the debt on the day or on the day of the conclusion of the transaction with the bank and at the same time submit documents on the removal of the encumbrance on state registration. Or the borrower can sell the apartment and repay the loan after the transfer of ownership.

Features of cooperation with Sberbank

As part of cooperation with its clients, Sberbank most often chooses a strategy that is beneficial for them. So, if you want to sell an apartment, but cannot pay the remaining debt for it (it doesn’t matter which of the methods listed above you use), Sberbank can offer you this option:

  • You sign a preliminary sale and purchase agreement with the bank;
  • You pay a partial cost of the apartment;
  • Sberbank relieves you of the burden and issues an appropriate letter and other supporting documents;
  • You submit a letter to the registration authority, from where you receive a new extract (which does not contain prohibitions on sale);
  • You pay in full under the contract;
  • This is followed by the signing and registration of the contract of sale and registration of the owner's rights.

What else do you need to know about selling a mortgage apartment?

Whatever scheme of action you choose, remember: any transaction must begin with a warning from the bank and with obtaining permission from it to complete the transaction. The schemes for selling an apartment burdened with a mortgage listed above are often used, but they are not required. In each individual case, the bank carefully examines the situation of the borrower and independently makes decisions based on the circumstances. Sberbank is not obliged to adhere to any of the above schemes. The lender chooses a course of action based primarily on protecting its own interests.

"Department of Real Estate": assistance in the sale of mortgage housing

Whichever way you decide to go in this situation, resolving the issue of selling housing can take a long time. These are very serious deals involving big money and important documents. If you urgently need to sell a mortgage apartment, but you do not have time to delve into the nuances of a transaction with Sberbank, you can contact the Real Estate Department company. We resolve such issues competently and quickly.

We are one of the most reliable and stable real estate companies. For more than 20 years of work, we have received only positive feedback from our customers. Customers of the Department of Real Estate recommend us to their friends, because they are finally convinced that our main goal is to help people. Each transaction is dealt with only by qualified specialists with extensive experience, people who know everything about their work.

Contact the "Department of Real Estate" - we resolve issues with the sale of mortgage housing in Moscow or the Moscow region quickly, without risks and losses for our customers.

Turning to the specialists of the Real Estate Department, you can be sure that your interests will be represented by experienced professionals.

Mortgage loans have maturities of up to 30 years. Given that plans and priorities may change during this time, borrowers are prudently interested in how to sell an apartment that is in the mortgage of Sberbank as quickly and without problems.

Two ways to sell a mortgage apartment

When drawing up a sale and purchase agreement, the borrower and the bank (mortgagor) must act strictly in the legal field, guided by the provisions of the current legislation, in particular, the Law on Mortgage and the Civil Code of the Russian Federation.

The borrower is given the opportunity to sell a mortgaged apartment by reissuing a loan to the buyer or repaying the debt ahead of schedule at his expense. The borrower chooses the optimal method based on the situation.

Sale with early payment of the loan

The procedure for selling an apartment that is in the mortgage of Sberbank with full repayment of the loan debt is the simplest and does not require much time. Its main steps:

  1. Buyer search.
  2. Drawing up a preliminary contract.
  3. Filing an application to the bank for early repayment of the debt.
  4. Payment of mortgage debt.
  5. Removal of encumbrance.
  6. Signing the main contract of sale.
  7. Registration of the rights of the new owner.

Together with the buyer, a preliminary contract for the sale of an apartment located in the mortgage of Sberbank of the Russian Federation is drawn up: a sample of such an agreement can be drawn up on the basis of a standard bank form. At this stage, an advance payment to the seller is possible.

Further, an application is submitted to the bank, in which it is necessary to indicate the exact date of repayment of the debt and the amount, as well as the account from which the funds will be transferred. In this case, the date indicated in the application must be a business day.

There is no charge for early repayment of debt.

After the debt is paid, actions to remove the encumbrance from the housing are coordinated with the representative of the bank. Typically, the bank issues a mortgage, which has a mark on the full repayment of the loan and related documents. The borrower submits these documents to Rosreestr, where the encumbrance is removed and an appropriate statement is issued.

Then there is a full settlement: the buyer pays the difference between the amount of mortgage debt and the market value of housing. The main contract for the sale of the apartment is signed. Then it remains to register the rights of the new owner of the apartment with the state registrar.

Settlement between the buyer and the seller can be made using an individual Sberbank safe.

Re-registration of the mortgage agreement to another person

The borrower may transfer his rights and obligations in relation to the mortgaged property to a third party. After the renewal of the contract, the obligation to repay the debt is assumed by the buyer.

You can sell an apartment with a replacement borrower only with the permission of Sberbank.

The bank will agree to the procedure only if the borrower can convincingly substantiate his intention to sell the apartment for which he has not yet paid the debt. He must have really weighty reasons, for example, force majeure, disability, forced relocation to another country. Step-by-step instructions for selling an apartment in a mortgage from Sberbank in 2017 include the following items:

  1. Determining the amount of debt.
  2. Preparation of a package of documents.
  3. Checking the bank of a new borrower.
  4. Getting permission from the bank.
  5. Signing of a new contract.
  6. Cancellation of the previous contract
  7. Settlement between buyer and seller.
  8. Registration of property rights.

When deciding how to sell an apartment with a Sberbank mortgage encumbrance, it must be borne in mind that its buyer will have to undergo a full check, similar to the one that the borrower himself had previously passed.

A potential buyer of mortgage real estate must meet the established requirements regarding age, citizenship and work experience, credit history.

It is necessary to prepare documents in advance for the sale of an apartment on a Sberbank mortgage. The seller will have to write an application to cancel credit obligations and assign them to a third party who is ready to take responsibility for repaying the debt. The buyer will be required to:

  • statement;
  • internal general passport;
  • a copy of the work book (notarized);
  • income statement (for a period of 6 months);
  • completed questionnaire.

If 6 months or more have passed since the inspection and evaluation of the apartment, the evaluation procedure will have to be repeated.

The documents signed under the transaction, for example, the main contract for the sale of an apartment on a Sberbank mortgage (sample 2017), are on the official website of Sberbank of the Russian Federation. It is better to study them in advance.

The buyer pays the seller the difference between the balance of the mortgage debt and the value of the property, and since mortgage housing is usually sold at a discount, the transaction will be beneficial not only to the seller, who gets rid of the debt, but also to the buyer, who purchases the property at a price below the market average.

Not satisfied with mortgage housing - what to do?

With the improvement of the financial condition of the borrower, he may need to sell an apartment in the mortgage of Sberbank and buy another one. To do this, he chooses one of the above methods and, after the removal of debt obligations, concludes a new mortgage agreement for the purchase of a larger apartment. At the same time, he will have to prepare a complete package of documents that Sberbank will check with its characteristic scrupulousness. The property goes through a complete inspection and appraisal process.

Transaction amount

Regardless of how the sale of a mortgage apartment pledged to the bank is carried out, Sberbank determines the amount of debt, which consists of the loan body and accrued interest. Most often, the interest on the loan is repaid directly by the borrower - they do not relate to the value of real estate and are considered as a remuneration to the bank for lending services. Also, the borrower is fully responsible for late payments before the transfer of loan obligations to the new owner (buyer).

When selling a mortgaged apartment, the borrower can not only pay off his debt to a financial institution, but also benefit from a favorable market situation and rising real estate prices. If at the time of the sale of the mortgaged apartment a significant part of the loan has already been paid, and the remaining debt is less than its current value, the difference is paid to the borrower.

Nuances and risks of selling a mortgage apartment

Given that Sberbank of the Russian Federation provides mortgage lending under several programs, you need to understand that each case has its own nuances. If the contract was concluded by a borrower who is married, then his spouse (wife) is a co-borrower. Therefore, when considering an application for the sale of an apartment with an unpaid debt, where the main reason is the borrower's disability, the bank will prefer to place all obligations on his spouse.

The sale of an apartment purchased under a military mortgage is possible, but only when a significant part of the debt is paid off. In this case, the approval of Rosvoenipoteka, which is one of the parties, will be required. If the apartment was bought on a mortgage with the involvement of maternity capital, it can be sold after obtaining permission from the guardianship authorities or after all its owners have reached the age of 18.

Acting in the legal field and observing the legally established procedure for the sale of mortgage housing, the borrower does not risk anything. Otherwise, the property may be foreclosed. Moreover, the bank may recognize the transaction as invalid or demand early repayment of the debt in full and with the interest due.

In order to avoid problems with the buyer, it is advisable to first verify his solvency and only then propose a candidate for consideration by bank employees.

The buyer must carefully approach the acquisition of housing with outstanding debt. He must be aware of all the features of the transaction - this will help to exclude his refusal at any stage of the procedure, including at the very last moment - when signing the contract.

Knowing how the transaction for the sale of an apartment through a mortgage in Sberbank goes, the borrower may not be afraid that his debt will become “unsustainable”. In the event of a deterioration in his financial situation, he will be able to free himself from it almost at any time. If there is an opportunity to improve their living conditions, then the mortgage will not become an obstacle either. Under certain circumstances, the sale of mortgage real estate brings significant financial benefits.

Many doubt - is it possible to sell an apartment in the mortgage of Sberbank? Some are sure that the pledged property is not for sale. In fact, the sale of a mortgage apartment is not prohibited. And no exception.

  1. Either obtaining consent, readiness for a long and complex design.
  2. Or an attempt to find a buyer for a mortgage apartment, with his help to solve financial problems with the bank, and sell him housing that is already free of collateral.

If in the first case the seller can count on an amount less than the price of a similar "free" apartment, then in the second he will receive even less, and finding a buyer will be even more difficult.

But that's just the "big picture" that a good turn of events or the efforts of the home seller can greatly improve.

Reasons and conditions for the sale of a mortgage apartment

In many ways, the price and other conditions for the sale of an apartment in a mortgage (i.e., pledged by Sberbank or) depend on the individual circumstances of the seller.

  • Someone sells an apartment because they do not have the funds for further loan payments.
  • Someone because they are able to pay for more expensive housing and want to move into it.
  • Someone is forced to sell by personal circumstances: replenishment in the family, the need to move, divorce, etc. There are no general rules here. But in practice, there are some recurring dependencies:
  • The worse the position and financial prospects of the seller, the less he will receive from the sale. Many buyers tend to use "forced sale".
  • The lower the offered price, the higher the buyer's risk. Sellers often reduce the price if they are unable to solve problems with the bank and the transaction on their own. But there is no guarantee that these problems can be solved by the buyer.

Sale of a mortgage apartment with the consent of Sberbank

The sale of an apartment that is in the mortgage of Sberbank requires its mandatory consent. And in order to obtain this consent, a personal appeal of the recipient of the mortgage loan to Sberbank PJSC and an explanation of their motives is necessary.

Most likely, Sberbank will agree:

  1. For those who are unable to pay their loans.
  2. And those who are willing to pay a mortgage for more expensive housing.

In the first case, the Bank avoids the forced eviction procedure, the sale of housing and related problems.

In the second case, the Bank hopes to earn more on the same client.

How to sell an apartment that is in the mortgage of Sberbank

The operation of selling an apartment in a mortgage proceeds as follows:

  1. The borrower informs the bank about the desire to sell the apartment. Explains the reasons.
  2. Gets the bank's consent to the transaction.
  3. The Bank offers the client to conclude a preliminary sale and purchase agreement.
  4. The seller receives an advance payment and repays the debt to Sberbank.
  5. The seller and the buyer draw up not a preliminary, but a final contract for the sale of an apartment.

Another option, much rarer, is to renew the mortgage agreement to another person. A kind of “sale of debt” takes place, i.e. a contract for the transfer of debt to a third party. In this case, another borrower begins to pay the mortgage loan. All rights to the housing remaining pledged to the bank are transferred to him.

There is no certainty that the buyer of the apartment will meet the requirements of Sberbank. And it is even less likely that the Bank will agree to issue a loan to a new borrower on the same terms.

Both the first and second cases carry some risks for the buyer.

Having repaid the loan for his funds, the owner of the apartment may refuse to continue the transaction. After all, it is impossible to conclude an agreement on the sale of housing until it is released from the pledge in the bank. Those. we will only talk about the debt of one individual to another, and not about the obligation to transfer the apartment into ownership.

The sale with the consent of Sberbank has one important advantage - the Bank can act as a guarantor of the transaction. And the buyer will be able to transfer money directly to the Bank to repay the loan.

The risk of the buyer we have already considered, and the risk of the seller is that the Bank may object to the transfer of ownership. In this case, you will first have to fully pay for the apartment and only then sell it.

There is also no talk of guarantees from Sberbank during the operation.

In general terms, a sale without the consent of the Bank follows the same rules. But some precautions are added:

  • The seller receives a certificate from Sberbank on the amount of the unpaid balance for. And presents it to the buyer.
  • A preliminary contract for the sale of an apartment is drawn up by a notary.
  • The buyer removes two safe deposit boxes in the depository. One contains the amount to repay the mortgage loan, the other contains the difference between the price of the apartment and the repayment amount. Money from the first cell goes to the Bank, money from the second cell is received by the seller.

Another way is to open a letter of credit account in Sberbank to which the buyer pays the entire cost of the apartment, and the seller receives the amount minus the debt to the Bank.

And one more option, for sellers with high current income.

  • Get a consumer loan from any bank.
  • From his funds to pay off the mortgage.
  • Sell ​​an unencumbered apartment.

But in order to get comparable (in the average case) to half the price of an apartment, you need to have a very high and stable income.

Also, when selling without the consent of the Bank, counter agreements with various kinds of obligations may be used. This is done in order to protect the buyer from the desire of the buyer not to fulfill the preliminary sale and purchase agreement after paying off the debt to Sberbank. An approximate sample of such an agreement can be found on the Internet, it is better to choose “fresh” options, preferably in 2020, in order to prevent possible inconsistencies with current legislation. However, this concerns only the form of the agreement, but its content, i.e. finding obligations that the seller cannot break becomes the buyer's problem.

But the main significant aspect for almost any aspect should be the understanding that all the difficulties and risks of the transaction proportionally reduce the price of this housing.