Extension of the new program of assistance to mortgage borrowers. Standard samples of contracts, documents and other business papers, codes of laws and codes, collection of norms and standards, catalog of business plans and ideas, rating of Russian banks Resolution 961 of 11 08
GOVERNMENT OF THE RUSSIAN FEDERATION
ON FURTHER IMPLEMENTATION
Government Russian Federation decides:
1. To approve the attached changes that are made to the basic conditions for the implementation of the assistance program specific categories mortgage borrowers home loans(loans) that find themselves in a difficult financial situation, approved by 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 for mortgage loans (loans) in a difficult financial situation, and an increase authorized capital Joint Stock Company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, N 50, Art. 7089; 2017, N 8, Art. 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
before September 1, 2017 create interdepartmental commission for making decisions on reimbursement of creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with Federal law"About mortgage securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company" Agency for Housing Mortgage Lending "for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arisen as a result of the restructuring of housing mortgage loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, to approve the regulations on the said commission, the composition and procedure of its work;
to send to the joint-stock company "Agency for Housing Mortgage Lending" in the prescribed manner, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated 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 reimbursing losses (their part) to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for housing mortgage loans (loans), the rights of claim under which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, in the event that these mortgage loans (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.
3. The Federal Agency for State Property Management shall 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 to carry out actions related to the acquisition of these shares and registration of ownership rights to them in the Russian Federation, in accordance with the tripartite agreement between the Ministry of Construction and Housing and Utilities of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company "Agency for Housing Mortgage Lending".
4. To recommend to the joint-stock company "Agency for Housing Mortgage Lending", prior to increasing the authorized capital in accordance with the third paragraph of clause 2 and clause 3 of this resolution, to send its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (their part) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and allow the use of funds received in accordance with paragraph three of paragraph 2 of this Resolution to reimburse the costs of the joint-stock company "Agency for Housing Mortgage Lending", fuss who, during the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If the borrowers' applications for the restructuring of mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) on mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in case of repeated application of the borrower, provided that the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are met, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
dated August 11, 2017 N 961
CHANGES,
WHICH ARE INCLUDED IN THE BASIC CONDITIONS OF IMPLEMENTATION
ASSISTANCE PROGRAMS FOR SELECTED CATEGORIES OF BORROWERS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, shall be stated as follows:
"Approved
government decree
Russian Federation
dated April 20, 2015 N 373
(as amended by resolution
Government of the Russian Federation
dated August 11, 2017 N 961)
BASIC CONDITIONS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SEPARATE CATEGORIES OF BORROWERS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and Society "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising as a result of such restructuring (hereinafter referred to as the lender, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out one-time for mortgage loans (loans), restructured in accordance with this document, in the manner prescribed 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 lender are subject to compensation for each mortgage housing loan (loan) restructured in accordance with this document, 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 monetary obligations borrower under a 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. Reimbursement under the program is carried out within Money provided for the implementation of the program.
5. Restructuring is carried out on the basis of the lender's decision on the restructuring application submitted by the borrower to the lender (hereinafter referred to as the restructuring application).
Restructuring can be carried out by the conclusion of the lender and the borrower (joint and several debtors) of an agreement on changing the terms of the previously concluded loan agreement(loan agreement), the conclusion of a new credit agreement (loan agreement) for the purpose of full repayment of the debt on the restructured mortgage loan (loan), the conclusion of an amicable 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 home loan (loan) is 30 percent of the balance of the loan (loan) calculated on the date of the restructuring agreement, but not more than 1,500 thousand rubles, except as 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) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage 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 appropriate appeal of the lender to the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
8. Unless otherwise provided by this document, as of the date of filing an application for restructuring, the following conditions must be met simultaneously:
a) the borrower (joint and several 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 (curators) 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 students full-time learning;
b) change in the financial position of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the size of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring, does not exceed two times for each family member of the borrower (joint and several debtor) living wage, established in the constituent entities of the Russian Federation, on the territory of which the persons, whose income was taken into account in the calculation, live. At the same time, the average monthly total income of the family of the borrower (joint and several debtors) in billing period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family, which for the purposes of this subparagraph include the spouse of the borrower (joint and several debtor) and his minor children, including those under his guardianship or guardianship, as well as the persons specified in paragraph five of subparagraph "a" of this paragraph, and the size of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring increased by at least 30 percent compared to the size of the planned monthly payment calculated on the date conclusion of a credit agreement (loan agreement);
c) the security for the fulfillment of the borrower's obligations under the loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of the rights of claim to such residential premises arising from an agreement of participation in shared construction meeting the requirements of the 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 contract 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 for 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 for 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), is (will be) the only housing of the pledger. 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 for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the statutory capital of the joint-stock company "Agency for Housing Mortgage Lending" as of the date the borrower submits an application for restructuring, the aggregate share of the mortgagor and his family members in ownership of no more than 1 other residential premises in the amount of no more than 50 percent is allowed. family members of the pledger include the pledger's spouse and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the borrower's application in a simple written form. state register real estate is required. Joint-stock company"The Agency for Housing Mortgage Lending" checks the information provided by the borrower in accordance with this subparagraph;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
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 loan (loan) from foreign currency on Russian rubles at a rate not higher than the rate of the corresponding currency set The central bank The Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate in effect on the date of the restructuring agreement (for loans (borrowings) denominated in Russian rubles);
c) a decrease in the monetary obligations of the borrower (joint and several debtors) in the amount of at least 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 currency of the loan (loan) from foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from payment of the forfeit calculated under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage loans (loans) and (or) charge the lender from the borrower (joint and several debtors) a commission for actions related to restructuring.
12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). "
Murder charges for appearing on the street for no reason, underground dancing, no kissing, bankrupt merchants and hoteliers. Italy is killing the economy trying to save its citizens. I live in Rome and in a growing nightmare. In Italy, the third day of national quarantine. The previous evening, Prime Minister Giuseppe Conte announced the closure of the entire retail , restaurants and bars, hairdressers and beauty salons. Only grocery stores and pharmacies remain open. The work of other enterprises should be maximally transferred to the remote Smart work format, only those for whom this is impossible remain to work. On the streets, control over the movement of citizens is increasing. And without these last measures, Italy was already almost all closed. Schools, universities, museums, stadiums, fitness clubs, cinemas are closed ... - any place that involves the slightest amount of people. All public events, including funerals, are prohibited. You can leave the house only for three reasons: work, health, or necessity (for example, to buy groceries), and you must carry with you a special application of the established form, in which you wrote why you left the house. People used the legal opportunity to play sports or walk in the open air, keeping a distance of one meter, but on the second day in some cities in the north, for example, in Milan, parks were also closed. And people also stopped talking about their losses due to the crisis. Because it's better not to think about it anymore. I still read comments on social networks that the coronavirus is no worse than the flu. I would like to show these commentators Italy, which is now, at this very moment, committing economic suicide, trying to somehow stop the spread of the epidemic. How the country will get out of the already obvious crisis will be decided later, but now there is another task - to prevent the number of seriously ill patients from becoming more than the healthcare system can withstand: every tenth coronavirus patient needs intensive care, primarily artificial ventilation ... Therefore, I invite you to take the last walk with me, which I managed to do before the final confinement at home. Illustrations # 1 February 23 Friends from Moscow come to me. We walk all day, and only late at night I learn that “red zones” have appeared in the north, the inhabitants of which were in quarantine. The coronavirus is already spoiling the life of Italians: there are noticeably fewer tourists in Rome, but so far only the tourism-related business is suffering from this. The pharmacies have already run out of masks. And yet no one takes the quarantine itself seriously: neither we are in the capital, nor the northerners themselves. Later we learn about several escapes from the quarantine: someone went skiing in the Alps, and someone waved to dance tango in Argentina. Both there and there later will be recorded new outbreaks of the disease. February 26 Acquaintances are increasingly talking about how the coronavirus restricts their work: someone failed a planned congress for 3,500 people in Umbria, someone has a promising business trip to Saudi Arabia (Italians are becoming less and less welcome guests every day), someone has a contract for communication services for the filming of the film Mission: Impossible. Our school, which has planned several tours to Russia this spring, has been canceled. A little later, I learn about the disruption of two deals for the sale of a chain restaurant and a regional food distributor. The Italian government offers various measures to support people in quarantine. In Italy, 153 people are infected with the coronavirus. Three died. 28 February The losses of hotels alone in March-May are estimated at over 7 billion euros. I am having lunch with an acquaintance who runs a spirits store near Plaza de España. He pays 10 thousand euros a month for rent, he has two sellers and hasn't bought a single purchase for a week. He says that if the whiskey festival, which is due to take place in mid-March, breaks down, then he is broke. The owner of the cafe where we dine complains that he has never seen so few tourists. In Italy, the coronavirus was found in 821 people. 46 recovered, 21 died. 1 March Italy canceled free admission to museums - traditional on the first Sunday of the month. The authorities are increasingly urging people to abandon the usual abbracci e baci, hugs and kisses, and even simple handshakes. Increasingly, there is a call to keep a distance of one meter. Coronavirus was found in 1,694 people. 83 recovered, 41 died. 4 March The government closes all schools and universities in Italy. This also applies to all private schools and courses - language, dance, etc. The ban also affected me, a teacher of Russian to Italians at a language school. Initially, it was assumed that the ban would last until March 15. And this is where it gets really uncomfortable. I called a friend who keeps a small b & b at the Colosseum, and half-jokingly suggest: - I'm ready to wash the toilets in your hotel, how much do you offer? - What are the toilets, Milena? I have a full cancellation until June. Not a single occupied room. All toilets are clean. Following the closure of dance schools and the banning of dance events of any genre, it is becoming known that several passionate tango lovers are organizing underground milongas at home. 3,089 cases of infection were registered. 279 people recovered, 107 died. 6 March Doctors in Milan and Bergamo are sounding the alarm that intensive care occupancy rates are approaching 40%. Friday night: A popular restaurant that you usually can't get to without a reservation at the end of the week. We go in - an empty room with two occupied tables. “Please sit down. .. and wherever you want, sit there, ”- the waiter sadly gestures around the deserted restaurant. 4636 cases of infection. 523 people recovered, 197 died. March 7 It becomes known that the whole of Lombardy is going to be declared a "red zone" and any movement will be prohibited. Panic begins on social media. Children from the south storm the last trains and buses leaving Milan to go home to their parents. On the night of March 8, it becomes known that in addition to Lombardy, another 14 regions are being closed. The next morning, about 2,500 people will surrender to the authorities, but they will do so, having already landed in Apulia, Campania and other southern regions, as well as in Rome. Italians are furious: in the south, the medical system is poorly developed, and to escape from the closed developed Milan means to endanger their fellow citizens in the south. Italy has 5,883 cases of infection. 589 people recovered, 233 died. On March 8, the center of Rome cannot be called deserted: a day off and excellent weather drove people to the promenade. The Colosseum and the Forum are closed, there are 20 people around the Trevi Fountain, but the policeman says that the fountain is also going to be closed to the public. Romans and tourists dine on the street, there is no question of any distance of one meter. In the evening, numerous photos of people sitting tightly on the terraces of restaurants will cause a harsh negative reaction from the authorities. Lombardy Crisis Center Coordinator Antonio Pesenti says there will be 18,000 patients in Lombardy alone by March 26, 3,000 of whom will require mechanical ventilation. 7,375 cases of infection. 622 people recovered, 366 died. March 9th I just finished my lesson with the only student I have left. He orders lessons from his office, so the administration of the language school decided that I could continue teaching him despite the closure of the school. I opened Facebook on the go and read an article that the coronavirus began to circulate freely in Rome and that in the coming days the number of patients will grow exponentially, promising to turn Rome into a kind of Milan. As if there weren't enough morning articles about how intensive care wards in Bergamo are already overcrowded and doctors have to make choices about who to save. “Like in war,” one of the doctors says in an interview. In the evening of the same day, statistics were updated: more than 1,000 new coronavirus infections per day. In a couple of hours more, Prime Minister Conte will announce the introduction of quarantine throughout the country. March 11 The second day of total quarantine. Today I have to leave my house: to give a Russian language lesson in the office of Company X in the center of Rome. This is the only remaining student - the rest I give lessons on the school grounds, and the school is closed until April 3. No lessons, no money. Most of the teachers of private schools - language, dance, etc., found themselves in such a situation. And not only them: no work or no business - this is the reality with which many Italians will have to live when the virus recedes. To leave the house somewhere further than the nearest supermarket, I need a statement about the purpose of my movement. You need to download it on the website of the Ministry of Internal Affairs, print and fill out. There is no printer at home, and the absence of a statement makes me a little nervous: the authorities promise harsh punishment for his absence or falsification of information - from a fine of 206 euros to three months of arrest. To consolidate the effect, it was reported the night before that if a person with symptoms of coronavirus leaves the house (35% of those infected undergo home treatment), they promise to charge him with premeditated murder. In the season of the March colds and unfolding allergies, you begin to fear each of your sneezes, as luck would have it. Oh yes, the statement. The police have already reported on the results of the first day that they caught several offenders, but treated them condescendingly, giving "time to swing." From my acquaintances on the first day, they did not stop anyone, but knowing my luck, I still get nervous. Fortunately for me, today my school will have a secretary as we prepare to bring classes online. Officially, while the quarantine will last until April 3, but more and more talk is heard that it will be extended until Easter, that is, April 12. Therefore, I am going to school to print the application and put a stamp on it for reliability. There are very few cars, and even fewer pedestrians. I seem to be lucky. Having printed out the certificate, I walk on foot to the lesson. Probably never before had Rome been so deserted in daylight. Stories about neutron bombs from early childhood during the Cold War involuntarily come to mind: buildings are intact, but people are not. Beautiful, but uncomfortable: Rome is difficult to separate from the constant noisy crowd. The strict quarantine lasts the second day. But the effect is already there. At least on the streets. In medical statistics, he will appear in two weeks, the Prime Minister said in the evening. The Italians, who until recently ignored the calls for isolation and the campaign launched by the authorities, Io resto a casa, "I stay at home," finally realized the gravity of the situation. Inspirational posts are created on social networks about how strong hugs will be after a long separation (hugs and kisses, traditional for southern culture, upon meeting were banned two weeks earlier) and how together we will finally have lunch with a large company. Lying on the couch becomes an act of patriotism. The hashtag #iorestoacasa is becoming an act of civic awareness. And no matter how loud it sounds, it's finally true. There have been noticeably fewer people in the city over the past week. The Romans rejoiced and recalled the vacation season in the second half of August, when the city dies out. But now, under quarantine, the number of people has decreased significantly: tourists return home, and Italians have no time for walks. I walk through empty streets with rare pedestrians. Many shops have already closed, although the official ban will only be announced in the evening. Numerous restaurants on my way are also closed. Including the noisiest one, near the office where I go. Over the past two days that I was not here, posters about the coronavirus have appeared on the glass doors of the office center where my student works. On the elevator - a warning that you can use it only one at a time. The city may be even deserted, but the main thing for me is that the company where my student works remains open, although it has transferred half of the staff to remote work. For me it is also legal way go out to town. Each company has decided on the issue of work in recent days in its own way: IT companies were the first to switch to remote work, and someone was forced to do this urgently, "thanks" to the fact that a colleague from Milan dropped into the office; engineering and architecture studios have smoothly brought the work to one day in the office, but acquaintances from corporate banking, for example, say that they still go to work in full force. The promotion of remote work, Smart working, is gaining momentum, so that laptop purchases have grown by 50%. At least someone has benefited from what is happening. For those for whom remote work is impossible, the employer offers other conditions, not always pleasant. An acquaintance of mine who works as a saleswoman in a luxury clothing store has to take two extra days off each week as part of her vacation. Her annual leave will end faster than quarantine. The lesson is over. On the way home, I turn to Termini main station: there is a huge queue of taxi drivers and not a single potential client, rare passengers, half of the shops and almost all cafes are closed. This makes the train station darker than usual. If the deserted center is beautiful in the bright rays of the spring sun, then the half-empty and half-dark station acts depressingly. I'm in a hurry to go home. In my area, I finally see people, and in much larger numbers than in the center. At first, I am surprised at this excitement, and then I understand: people maintain a distance of one meter from each other, and in most small shops this can be done only by waiting outside. There is a queue in front of the entrance to the supermarket, because only a small number of people can be inside. The distance between people is more than a meter. At the entrance to the store, they give out disposable gloves: you can only be in them inside. Almost at every counter there are yellow flyers about the need to keep your distance. Meanwhile, WHO announces the start of the coronavirus pandemic. It would seem like a good time to shop online, but unfortunately, not only me think so. On Thursday morning, March 12, the delivery time for groceries in Rome is extended to 12 days. In the meantime, on Wednesday evening, I am listening to another speech by the Prime Minister about the next tightening. Not to say that they were a big surprise, from the very first day of quarantine, the governors of the northern regions, primarily the head of the most affected Lombardy Attilio Fontana, proposed to introduce, at least in the most affected areas, a total ban on any commercial activity, leaving only grocery stores open and pharmacies, and cut down on public transport to maximize the isolation of citizens. Say, there is no point in quarantine as long as people go to work every day. "There will be no blind race to the abyss," the Prime Minister replied on Thursday evening, introducing new restrictions, but adding that even an increase in the incidence in the coming days does not mean an immediate further tightening: two weeks must pass before the results of quarantine become noticeable. He also especially emphasized that they remain open banks, insurance companies that production can continue to operate, providing maximum safety measures to their employees, and, most importantly, supermarkets will operate smoothly. Italy has 12,462 cases of coronavirus infection. 1,045 people recovered, 827 died. March 12 I was woken up by a call from the secretary from the Russian language school where I teach. - Milena, cancel all lessons with H. - Why? - Additional restrictions have been added, now you can go to work only if it is so specific that you cannot avoid going to it. The rest can only leave the house to the store and the pharmacy. Control strengthened: I myself was stopped for a run in the morning and told to return home. By midday, seven people were arrested in Rome for violating the quarantine regime and 43 were fined. 15,113 cases of the disease, 1,258 people recovered, 1,016 died, 1,153 are in intensive care. Milena BAKHVALOVA, Banki.ru
12.03.2020 ? Seven troubles - one chargeback. How much more can you squeeze out of defrauded investors?
Russians who have suffered from financial fraudsters are offered to return their money using the chargeback procedure. How realistic is it and how much do those who offer it earn? Refunds with and without guarantee “Broker stole money? Let's return! " "We will return the money with a guarantee!" "Chargeback - we will refund your money under the guarantee of the Visa system." Approximately such promises are given to citizens affected by financial fraudsters by numerous legal companies ... One has only to type in the search engine "Forex scammers", "chargeback" or just the name of the company that appeared in the lists of "black brokers". Chargeback, or chargeback, is a procedure for protesting a transaction made with a bank card. For example, if you ordered a product in an online store, but it was not delivered to you. In this case, the bank that issued the card can contact the payment system (Visa, Mastercard), which will return the money to the client's account if the seller's unfair behavior is proven. How does it look in practice? To sort it out, together with Dmitry, a representative of the control committee of the Association of Forex Dealers, we go to one of the law companies - Tagansky House of Prava. Here they promised to advise and help us. The legend is this: we are professional traders who cannot return money from two well-known forex companies - RoboForex and ForexOptium. After a short wait, the secretary invites us to the lawyer Oleg. He is seated in a massive director's chair, the desk piled high with papers. The look is serious, a little bored. We tell our story: they say, they bought into high spreads and lost more than 20 thousand dollars. Oleg asks to show the documents - contracts with forex dealers, cash registers, account statements, screenshots of transactions. All this, he said, will be required for the trial. The lawyer reacts skeptically to my remark that I am waiting for a response from the Central Bank: “These companies are not under investigation for him. Most likely, these companies do not have licenses. " For his services, Oleg asks for a fairly decent amount - 127.5 thousand rubles. This is a fee, including for the preparation of claims, claims and representation of interests in court. But there is a more economical option - chargeback. The lawyer clarifies that this only works if the client of the forex broker used a bank card, no matter which bank. If the money was deposited in cash, you will have to sue. “Everything that was entered through the card is subject to the chargeback,” he assures. You will have to pay 58.5 thousand rubles for this. The company takes care of all the paperwork - correspondence with the bank and the payment system, the whole procedure takes one to two months. There is only one question left to discuss: is it always possible to return money transferred to a forex broker using a chargeback? Oleg avoids a direct answer. According to him, it all depends on whether the broker will be able to prove an aleatory (risky) transaction. “But if they do not have a license and money does not enter the market, then there is no question of any risky transactions,” he explains. The lawyer does not recommend filing a complaint with the police: “There is no point. After 30 days, you will receive a refusal to initiate a criminal case. If everything was collected through the police, they probably would not have stolen. " Whether there will be any sense from the chargeback and litigation is an open question, but the lawyers of Tagansky House of Prava will get their fees anyway. Bitcoins on credit Lawyers who provide money-back services most often come across those who decide to entrust their money to private managers or so-called forex dealers. Banki.ru has already mentioned some of these companies in its publications. Private investor Ivan decided to invest in bitcoin. I opened a cryptocurrency wallet and, with the help of an employee of a company registered on the islands of Saint Vincent and the Grenadines, changed rubles for virtual currency through the exchanger located in Moscow City. To invest a substantial amount, Ivan issued consumer loans in three banks, and also mortgaged his apartment. In total, the investor spent about 7 million rubles for the purchase of bitcoins. Ivan did not see the money invested (not to mention the profit): the company representatives said that due to the sharp jump in the investment rates, the investments “disappeared”. Instead, he was offered a certificate for free education the basics of exchange trading. But Ivan did not give up. To get his money back, he turned to lawyers by signing an agreement with Tagansky House of Law. Judging by the agreement (available to Banki.ru), the executor had to contact several banks whose services Ivan used to challenge the transactions, as well as prepare and send complaints to the Central Bank, the prosecutor's office and other departments. All these services cost Ivan 150 thousand rubles. According to him, the company's lawyers said that the money can be returned if no more than 540 days have passed since the transaction. Of course, the client of Tagansky Dom Prava did not receive any guarantees. When the chargeback is useless Representatives of law firms, which Banki.ru contacted with a request to comment on whether a chargeback can help when returning funds from a pyramid scheme or an illegal broker, do not give a clear answer. “Turning to the chargeback mechanism is the only effective and last opportunity to return money, but it is not effective in all cases, as it often refuses to return funds to the initiator,” says Evgeny Mirgorodsky, a lawyer at S&K Vertical. The problem, he said, may be the lack of substantiation of the claims. For example, in order to receive a chargeback, you need to prove that the broker has not fulfilled the terms of the contract. But in contracts with clients, brokers warn about the risk of losing money, so it is almost impossible to prove the broker's bad faith. In other words, you will not be able to use chargeback if the forex dealer proves that the client has lost money due to objective circumstances (changes in currency rates, etc.), and that he was aware of these risks. At the same time, according to Ekaterina Orlova, head of legal practice at Grace Consulting Ltd, banks rarely voluntarily go to the chargeback procedure, since the rules of international payment systems establish serious penalties for banks when a certain threshold value for a chargeback is exceeded. The lawyer believes that the effect of using a chargeback in the relationship between a client and a Russian forex dealer is doubtful. “If a forex dealer is registered in the territory of another jurisdiction and the applicable local legislation on the securities market allows a transfer using a bank card, a chargeback may be possible if there are grounds for such outside the risks assumed by the client and if there is an appropriate condition in the banking agreement. service, ”she said. However, even in this case, Orlova assures, it is impossible to guarantee a chargeback, since the final decision on satisfying the application in any case is made by the acquiring bank and / or the international payment system. The words of the lawyers are confirmed by the representatives of the banks. “The issuer, as a rule, does not have the opportunity to protest the operations of transferring funds to unscrupulous brokers. That is, it is technically possible to make a chargeback procedure, but the acquirer will reject it due to a violation of the conditions for its implementation, ”- categorical Managing Director of Absolut Bank Oleg Kuserov. He explains: for example, if a cardholder replenished a brokerage account using a transfer to the address of a payment aggregator, then such a transaction is a transfer of funds to an account of a third-party organization, and here the chargeback is no longer relevant. According to Kuserov, the chargeback is all the more useless if the broker or forex dealer “leaked the deposit,” that is, deliberately brought the client to a loss. Only law enforcement agencies and the court can prove that fraud was committed. Alexander Petrov, director of the PSB payment card department, also believes that in relation to operations on the exchange, chargeback is far from the most suitable tool for refunding money. “The opposition of transactions is carried out on the basis of the rules regulated by the payment systems. So, according to the rules of Mastercard, there is a ban on setting up such disputes, even if the client protests the impossibility of withdrawing funds. The payment system considers that the service is fully provided at the time of replenishment brokerage account... You can object to the operation only if the funds were not credited to the brokerage account, ”he said. But Visa, according to him, allows objection if the client can prove that there is money on the account, but he cannot withdraw it. Visa declined to comment, and Mastercard representatives told Banki.ru that, according to the cardholder's statement, the card issuing bank has the opportunity to object to transactions in a number of cases: if the transaction was not completed, it was processed incorrectly, or if the service paid for by the card was not actually provided (with certain exceptions, the list of which includes high-risk operations, such as, for example, carried out on Forex market). "We call them" devil's advocates "Judging by the Central Bank statistics, the number of illegal brokers, fake forex companies and financial pyramids in Russia is growing rapidly: last year alone, the regulator discovered more than 450 such organizations (including 210 in the Forex market). Following them, the demand for the services of lawyers is growing, says Marat Safiullin, head of the Federal Public-State Fund for the Protection of the Rights of Investors and Shareholders. “Last year was generally a record for the number of financial pyramids in the country, and a lot of citizens suffered. This generates a stream of requests for legal services, and often, as soon as the next pyramid collapses, sites immediately appear where they promise to help with a refund, ”he says. "We call them 'devil's advocates'," Safiullin jokes, "because they promise to return money lost both in pyramids created back in the 1990s and in unscrupulous brokers and forex dealers." “These lawyers organize aimless proceedings, write to banks, draw up claims, and all this can drag on for quite a long time. Until the person runs out of money. We have seen the documents that these pseudo-lawyers compose: there can be anything from excerpts from textbooks on the securities market to quotes from the Constitution. This clearly indicates that people are provided with unqualified services, ”he is sure. The lawyer Evgeny Moskalenko, who specializes in court cases against forex dealers. He notes that it is possible to initiate the chargeback procedure, but it is necessary, for example, to prove that the transactions were not made in reality. However, it is almost impossible to prove the fictitiousness of the transactions. “Usually all these legal firms are trying to prove that the services were not provided, which is easily refuted, since after submitting an application payment system requests data and receives information on transactions from the dealer, that is, that the service was provided. Therefore, everything that these lawyers do is futile, ”he said. According to experts of the Association of Forex Dealers (AFD), legal companies and organizations that provide services for the return of funds (chargeback) to victims of the activities of brokers and forex dealers operating without a license from the Bank of Russia, as a rule, have a certain connection with these unfair financial organizations. “This conclusion follows from conversations with citizens who have lost money in these financial institutions and who have contacted these lawyers. However, a refund in this way is not possible within the existing legal framework, ”says a representative of the association. Therefore, AFD recommends that victims go to court immediately. In addition, Marat Safiullin advises, it is necessary to send appeals to Rospotrebnadzor, the prosecutor's office or the Ministry of Internal Affairs, and you can also get a free legal assistance in the fund for the protection of the rights of investors and shareholders, leaving a complaint on the website Stoppiramida.ru, where you can write a complaint. If a deceived client of a forex dealer or another organization still intends to try to return the money using a chargeback, then no one bothers him to contact the bank that issued the card on his own. "Bank employees are required to advise on the implementation of this procedure," says Mirgorodsky from the law firm "S&K Vertical". Albert KOSHKAROV, for Banki.ru11.03.2020 # money is easy: all about insurance policies with a deductible
A policy with a franchise is a real opportunity to save on average about 30% of the cost of insurance. But not in all cases, such savings will be beneficial. When is it worth sharing the loss with the insurer? A deductible is a part of losses that, in the event of an insured event, is reimbursed not by the insurance company, but by the policyholder out of his own pocket. What this part will be is stipulated in the insurance contract: either it is a certain percentage of insurance coverage, or fixed amount... Thanks to the franchise, motorists, for example, will significantly save on insurance. In IC Soglasie, at the request of Banki.ru, they calculated the cost of a comprehensive insurance policy with and without a franchise for new car Audi A6 worth 3.5 million rubles. For a policy without a deductible (the insurance company fully covers losses in the event of an accident or other insured events), the car owner will pay 164,940 rubles. And with a franchise - when part of the loss upon the occurrence of an insured event will be covered not by the insurance company, but by the car owner himself - the policy will turn out to be several tens of thousands of rubles cheaper. For example, with a dynamic franchise it will cost 145,462 rubles, with an unconditional one of 30 thousand rubles, the price will be 98,055 rubles, with an unconditional one of 50 thousand rubles - 92,910 rubles. There are different types of franchises. There are many types of franchises: conditional and unconditional, preferential and temporary, franchise from the second case (or dynamic). The most popular are unconditional and dynamic. Unconditional is when the insurance company pays the difference between the amount of damage and the deductible. “The franchise is beneficial for clients because it reduces the cost of the comprehensive insurance policy,” says Andrey Kovalev, director of the underwriting and product management department of Soglasie IC. "In our company, such savings can reach 40-45% of the cost of the policy without a deductible." In Ingosstrakh, thanks to the franchise, the policyholder can reduce the cost of the policy by up to 60%, depending on the car and insurance conditions. On average, the savings are 15-30%. The franchise also has other advantages - for example, saving time. Unlike a conventional comprehensive insurance policy, when the car owner must inform the insurer about all, even the most insignificant, damage to the car, the owner of the policy with a deductible may not do this. He is relieved of the need to collect certificates from the traffic police that an accident has occurred, or to obtain a document from the police about the unlawful actions of a third party, if, for example, the car was damaged while she was waiting for the owner at the entrance. No need to waste time calling law enforcement officers, examining, filling out documents and delivering them to insurance company... In addition, minor damages are not included in the insurers' database, which has a positive effect on the insurance history. “Car owners have become more attentive to their insurance history, because information about a large number painted parts devalues the car by secondary market even more than the presence of minor damage to the paintwork, ”says Vitaly Knyaginichev, Director of the Retail Business Directorate of Ingosstrakh. Insurance companies also have their interest in franchises, which reduce their costs of settling small insurance claims. And they minimize fraud: the owner of a comprehensive insurance without a deductible who finds a scratched bumper is tempted to add damage so that the insurer pays for the replacement of the part, and not the painting. If a motorist has a policy with a franchise, then he will paint over the scratches at his own expense, and the insurer will not even know about them. But in the event of a serious accident, the car will be restored by the insurer. The culprit's franchise The car owner determines the size of the franchise at his own discretion, focusing on financial capabilities cash reserve for an unforeseen event) and based on the proposals of the insurer. If you are an experienced motorist and the risk of a serious accident through your fault is minimal, but, as they say, the circumstances on the road are different, you can safely purchase a comprehensive insurance with the culprit's franchise. In this case, the insurers have the principle “not to blame - do not pay”, that is, the deductible is valid only when the accident occurred due to the fault of the insured or the culprit is not identified. If your car is damaged in an accident that you are not the culprit, the insurer will restore the car completely at its own expense and will not take a deductible. And if unknown persons damaged the car, for example, while parking, then the repair will also be carried out in full, however, already taking into account your franchise. The franchise from the second case, or dynamic, is very convenient for car owners. Its essence is that the losses after the first insured event are fully reimbursed by the insurer, and the deductible will be deducted from the insurance payment from the second event. Moreover, it can increase with each new application of the policyholder. Vitaly Knyaginichev says that such policies allow motorists to save about 15% of the premium on the risk of "damage". For example, the insurance premium for a VW Golf worth 1.5 million rubles without a franchise is 56,080 rubles. If you include the franchise from the second case in the amount of 11 thousand rubles, then the premium will decrease by almost 8 thousand rubles and will amount to 48 186 rubles. And if, for example, you include a franchise for each case in the amount of 30 thousand rubles, the premium will decrease to 35,028 rubles, that is, the savings will amount to more than 20 thousand rubles. Not only in auto insurance It is in auto insurance that franchised policies are most widespread. Although they exist in other types of insurance, such as travel insurance. The popularity of insurance products with a deductible depends on the region of the tourist's stay. “For some countries, the franchise is included in all policies, although its size is usually small and is about $ 50,” explains Vitaly Knyaginichev. “In general, the franchise for travel abroad insurance (TCD) is rarely used, which is due to the low cost of TCD insurance." Irina Noskova, head of underwriting, sales support and contract support in the tourism industry of the Soglasie insurance company, says that the franchise is mainly used for mass tourism destinations, for example, when traveling to Turkey, Thailand, as part of cooperation with tour operators. As a rule, we are talking about an unconditional deductible. The cost of a policy with a deductible is lower than the cost of a policy that does not. Many insurers use it to reduce unprofitableness in massive areas. “The presence of a deductible in the TCD insurance policy means the independent payment of part of the costs to a doctor / medical institution when applying for medical and other assistance under an insurance contract. Most often, the size of the unconditional deductible can be from 20 to 40 y. e., ”she says. The deductible is not applied when insuring citizens traveling to the Schengen area: this is the requirement of the consulates of these countries. You can also meet policies with a franchise in property insurance, But not often. “In classical home insurance for individuals, as a rule, the possibility of using a deductible is provided, but in practice, clients very rarely use it,” says Andrey Kovalev. - The reason is that in this case, the deductible does not affect the rate reduction as much as in auto insurance. And in mortgages, taking into account the requirements of banks for insurance coverage, the franchise is not used in standard contracts at all. "10.03.2020 Coronavirus in the bank. Three options for the development of events for the Russian banking sector
COVID-19 is already slowing the growth of the global economy. How will the spread of the virus turn out for the Russian banking system: a slight decrease in profitability, a protracted crisis, or a positive shock? Banks.ru assessed three possible scenarios. The growth rate of new infections in China is declining, but new foci of the spread of infection are emerging in the world. Now Italy, Korea and Iran are at the forefront, which have not yet managed to stop the problem. The OECD has already lowered its forecast for the growth of the world economy this year from 2.9% to 2.4%, the IMF also expects a slowdown, but it is not yet undertaken to assess its scale. To date, there are 20 confirmed cases of COVID-19 infection in Russia, but the situation in foreign markets is already indirectly affecting the Russian economy. According to the Chairman of the Accounts Chamber Alexei Kudrin, the damage to growth rates Country GDP from the coronavirus will be 0.1-0.2 percentage points. Losses are calculated primarily by the tourism business, export companies, and the transport sector. The collapse in oil prices will sharply reduce the replenishment of the national reserves of the Russian Federation. All this can directly or indirectly affect all sectors of the Russian economy, including the banking sector. Banki.ru interviewed analysts and assessed three scenarios for the development of events for credit institutions and their clients. Scenario 1. The epidemic will bypass Russia The majority of analysts and bankers surveyed by Banki.ru argue that the spread of coronavirus has not had a direct and significant impact on the Russian banking system so far. An indirect influence is still observed - through the fall in oil prices, the weakening of the ruble, capital outflow from emerging markets, including Russian assets, and the volatility of assets on the balance sheets of banks. While the risks are under control: the "safety cushion" in the NWF saves, near-zero currency position financial sector(that is, funds attracted in foreign currency are covered by assets in foreign currency) and curbing lending in foreign currencies to Russian non-financial companies, says the managing director rating agency"NKR" Stanislav Volkov. “The fact that the foreign exchange position as a whole is banking system remains close to zero, significantly reduces the direct impact of the ruble exchange rate on banks' profits, ”he notes. Mikhail Vasiliev, chief analyst at Sovcombank, also believes that Russian economy and the banking system for last years adapted to a sharp change in external conditions, and the fiscal rule reduced the dependence of the ruble exchange rate on oil prices. For the disease to really affect the global economy, the number of patients in the world should be in the tens of millions, says Gennady Salych, Chairman of the Board of Freedom Finance Bank. In the meantime, the disease itself is not as terrible as rumors about it. Panic fueled by speculation in the media and social media has the potential to stifle consumer activity, heighten investor risk aversion, and spur some regulators into non-market measures and artificial caps. economic demand... “If the economic leadership of the Russian Federation refuses to hold a significant independent policy in the face of increasing external negative pressure on the economy, the existing problems of the banking sector will develop, ”says Salych. Among them, there is a high accumulated debt in the sector of lending to non-financial enterprises, related to mortgages, low level capital adequacy in the banking system, low monetization of the economy. If the epidemic does not start in Russia, the effect will be limited to a slowdown economic growth... The Central Bank may lower the key rate and add liquidity to the economy, the director of the ratings group believes financial institutions ACRA Irina Nosova. Pressure on marginality banking will increase and the rate of inflation will rise. From the point of view of the behavior of bank clients in the “everything is under control” scenario, the effect is still insignificant. Is that already now there is a decrease in requests for consumer loans "for vacation", notes the professor of the Department of Finance, money circulation and a loan from the Faculty of Finance and Banking, RANEPA Yuri Yudenkov. Scenario 2. The epidemic spreads in Russia Let's say everything goes according to the worst scenario: the coronavirus is spreading rapidly across Russia, new foci of infection are emerging in the world, the prospects for creating a vaccine are vague. Investors will continue to urgently get rid of risky assets, and creditworthiness bank borrowers will fall, predicts the director of the department of operations for financial markets bank "Russian Standard" Maxim Timoshenko. If the ruble falls by more than 20%, banks will feel the negative consequences of the deterioration of the general macro economic situation... According to Stanislav Volkov, such an impact can be expressed in a drop in demand for new loans from the most solvent part of borrowers, as well as in a worsening credit quality companies that took out loans in foreign currency and individuals who faced a noticeable drop real income due to accelerating inflation. This, in turn, will lead to a decrease financial result and capital adequacy of banks. According to Irina Nosova, some banks, whose resource base is formed by interbank loans from parent structures, may experience liquidity problems. Quote “In view of the risk of a weakening of the national currency, in order to preserve their savings, the population may start actively withdrawing funds from ruble deposits and buying foreign currency,” warns the director of the ACRA Financial Institutions Ratings Group. In this case, the regulator may resort to increasing key rate in order to maintain the ruble exchange rate. Scenario 3. Positive shock According to Gennady Salych, the crisis shock associated with the weakening of external demand, from a certain point of view, may become a positive scenario. As practice shows, the response to the crisis is measures aimed at stimulating growth. "There is additional capitalization of banks and assistance to borrowers, reduction of taxes on production and provision of soft loans to industry, administrative restriction of speculation in financial markets, a system of state planning and regulation is developing," the board chairman of Freedom Finance lists. Quote With the cyclical resumption of growth in global risk demand, this is recouped by a sharp acceleration in GDP growth. According to the chief economist of the Expert RA rating agency Anton Tabakh, the damage from the virus will be fully compensated by the growth of social spending and accelerated implementation national projects as well as the effect of a faster rate cut, which is partly driven by the Fed's response to the virus. Evgeniya OGURTSOVA, Banki.ruThe sharp depreciation of the ruble had a negative financial impact on foreign currency borrowers. Some of them even face bankruptcy. About what bankruptcy threatens with a mortgage and what will happen to mortgage apartment can be read in the article at the link.
The Russian government adopted a support program in 2015 mortgage borrowers who find themselves in a difficult life situation. This program assistance to mortgagees prematurely ceased to exist in March 2017 due to the use of the allocated funds.
In August 2017, the Government of the Russian Federation, headed by D.A. Medvedev. allocated an additional 2 billion rubles to provide assistance to mortgage borrowers. However, the terms of the program changed significantly and by 2018 the money allocated to help mortgage borrowers ran out again.
In order to further support mortgage holders, the Government of the Russian Federation made a decision on additional funding for this program and in accordance with Government Decree No. 1175 dated 03.10.2018 " "On the further implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation", an additional amount of 731 million rubles has been allocated.
For reference. Regulatory document, regulating the procedure for providing assistance is the Decree of the Government of the Russian Federation of 20.04.2015 N 373 (with amendments and additions in force in 2019) "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage 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".
Now let's take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.
The joint-stock company "DOM.RF" (earlier this company was called the "Agency for Housing Mortgage Lending") deals with the provision of assistance in the event of difficulties in repaying mortgage loans.
Assistance is provided in the form of loan restructuring. At the same time, restructuring can be carried out both by the conclusion of the lender and the borrower (joint and several debtors) of an agreement 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 debt on the restructured mortgage loan. To conclude a debt restructuring, the borrower must submit an application to the credit institution.
Maximum support amount
The maximum amount of compensation for a loan is 30% of the balance of the loan (loan), calculated on the date of the 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) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and the joint-stock company "DOM.RF" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage 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 appropriate appeal of the lender to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
Program duration
Decree of the Government of the Russian Federation of 03.10.2018 No. 1175 established deadline to apply for assistance - December 01, 2018. Such applications may be considered later, and in fact, assistance on such applications will be provided in Q1 2019.
Important. An application on the need for restructuring in accordance with the assistance program must be submitted in time before December 01, 2018.
Conditions for providing support to mortgage borrowers
Now let's figure out who can get help. In accordance with the current legislation, citizens can count on help with mortgage difficulties subject at the same time following conditions (listed below):
1 required condition- categories of borrowers.
The borrower (joint and several 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 (curators) 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.
Condition 2 - a change in the financial position of the borrower (joint and several debtors).
To receive assistance, it is necessary that the average monthly gross income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring , does not exceed for each family member of the borrower (joint and several debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation, on the territory of which the persons whose income was taken into account live.
New condition. 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 income of the borrower (solidary debtors) and his family members, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased not less than 30 percent in comparison with the size of the planned monthly payment calculated on the date of the conclusion of the loan agreement (loan agreement).
Thus, Despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition for an increase of 30% in monthly payments suggests that this program will be able to benefit mainly from citizens who have taken out 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 issued as a pledge. Read about the procedure for obtaining a mortgage in the article at the link.
4 condition - requirements for the area of the room.
Assistance is provided if residential premises, including residential premises, the right of 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 for the minimum cost of 1 sq. meters total area excluded.
Condition 5 - Sole Housing.
Assistance is provided only if there is only one accommodation. In this case, the presence of the aggregate share of the mortgagor and his family members in the ownership of no more than 1 other dwelling in the amount of no more than 50 percent is allowed.
Important. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower does not need to provide information from the Unified State Register of Real Estate. The Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided by the borrower in accordance with this subparagraph.
6 condition - the term for the 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 the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on the mortgage loan (loan) provided at least 12 months prior to the date the borrower submits an application for restructuring.
New exceptions. Clause 9 of the new Program Conditions (as amended by RF Government Decree of 11.08.2017 N 961) stipulates that in case of non-compliance with no more than two conditions stipulated by Clause 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in accordance with the procedure, stipulated by the regulation on the interdepartmental commission.
Mortgage Borrower Support Form
In order to receive assistance, the bank must provide for the following changes in the conditions mortgage loan:
Which banks provide assistance to mortgage borrowers
Acceptance of documents for rendering assistance to borrowers within the framework of 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, B&N Bank, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Dalnevostochny bank, Zapsibkombank, ZENIT Bank, Kuryzhkombank , METKOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.
Recall that to obtain restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself turns to the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are satisfied, it will not be superfluous to refer to the decree of the Government of the Russian Federation of 20.04.2015 N 373 in the application to the bank.
Please note that the program does not provide for the full 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 a partial or full write-off of fines, penalties and penalties for late payments that have arisen during a period of deterioration in 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 exemption of the borrower from property and title insurance obligations, and personal insurance, the conditions for which are spelled out in the current loan agreement.
To receive support, it is necessary to submit to the bank in which the mortgage loan was received, applications with a list of documents provided for by AHML JSC (DOM.RF).
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON FURTHER IMPLEMENTATION
IN A CHALLENGING FINANCIAL SITUATION
The Government of the Russian Federation decides:
1. To approve the attached amendments to the basic conditions for the implementation of the assistance program for certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Government of the Russian Federation of April 20, 2015 N "On the main conditions for the implementation of the assistance program certain categories of borrowers for mortgage 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" (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179 ; 2016, No. 50, Art. 7089; 2017, No. 8, Art. 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
by September 1, 2017, create an interdepartmental commission for making decisions on reimbursement of creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulations on the said commission, the composition and procedure for its work;
to send to the joint-stock company "Agency for Housing Mortgage Lending" in the prescribed manner, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated 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 reimbursing losses (their part) to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for housing mortgage loans (loans), the rights of claim under which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, in the event that these mortgage loans (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.
3. The Federal Agency for State Property Management shall 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 take actions related to the acquisition of these shares and registration of the ownership 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. To recommend to the joint-stock company "Agency for Housing Mortgage Lending", prior to increasing the authorized capital in accordance with the third paragraph of clause 2 and clause 3 of this resolution, to send its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (their part) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and allow the use of funds received in accordance with paragraph three of paragraph 2 of this Resolution to reimburse the costs of the joint-stock company "Agency for Housing Mortgage Lending", fuss who, during the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If the borrowers' applications for the restructuring of mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) on mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in case of repeated application of the borrower, provided that the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are met, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
CHANGES,
WHICH ARE INCLUDED IN THE BASIC CONDITIONS OF IMPLEMENTATION
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, shall be stated as follows:
"Approved
government decree
Russian Federation
(as amended by resolution
Government of the Russian Federation
BASIC CONDITIONS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and Society "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising as a result of such restructuring (hereinafter referred to as the lender, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out one-time for mortgage loans (loans), restructured in accordance with this document, in the manner prescribed 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 lender are subject to compensation for each mortgage housing loan (loan) restructured in accordance with this document, 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 a 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. Reimbursement under the program is carried out within the funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the lender's decision on the restructuring application submitted by the borrower to the lender (hereinafter referred to as the restructuring application).
Restructuring can be carried out by the conclusion of the lender and the borrower (joint and several debtors) of an agreement on changing the conditions of a previously concluded credit agreement (loan agreement), concluding a new loan agreement (loan agreement) for the purpose of full repayment of debt on the restructured mortgage loan (loan), concluding an amicable 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 home loan (loan) is 30 percent of the balance of the loan (loan) calculated on the date of the restructuring agreement, but not more than 1,500 thousand rubles, except as 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) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage 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 appropriate appeal of the lender to the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
8. Unless otherwise provided by this document, as of the date of filing an application for restructuring, the following conditions must be met simultaneously:
a) the borrower (joint and several 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 (curators) 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 pupils, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the size of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring does not exceed, for each family member of the borrower (joint and several debtor), two times the subsistence minimum established in the constituent entities of the Russian Federation, in the territory of which the persons whose income was taken into account live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the billing period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members, which, for the purposes of this subparagraph, include the spouse (spouse) of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as the persons specified in paragraph five of sub-clause "a" of this clause, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased by at least by 30 percent compared to the size of the planned monthly payment calculated on the date of the conclusion of the loan agreement (loan agreement);
c) security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims for such residential premises arising from an agreement for 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 some legislative acts of the Russian Federation "(hereinafter referred to as the contract 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 for 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 for 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), is (will be) the only housing of the pledger. 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 No. Joint Stock Company "Agency for Housing Mortgage Lending" as of the date the borrower submits an application for restructuring, the aggregate share of the mortgagor and his family members in ownership of no more than 1 other residential premises in the amount of no more than 50 percent is allowed. the pledger's family includes the pledger's spouse and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the borrower's application in a simple written form. The borrower does not need to provide information from the Unified State Register of Real Estate. 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 before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
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 of the currency of the loan (loan) from foreign currency to Russian rubles at the rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate in effect on the date of the restructuring agreement (for loans (borrowings) denominated in Russian rubles);
c) a decrease in the monetary obligations of the borrower (joint and several debtors) in the amount of at least 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 currency of the loan (loan) from foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from payment of the forfeit calculated under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage loans (loans) and (or) charge the lender from the borrower (joint and several debtors) a commission for actions related to restructuring.
12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). "
The Assistance Program for Mortgage Borrowers 2017-2018 has been extended, but the program introduced new conditions for borrowers - foreign exchange mortgage holders are in priority. How do I get help?
Without extracts of the USRN. The new program of assistance to mortgage borrowers 2017-2018 from AHML has been extended, but is focused on helping foreign currency mortgage borrowers. Ruble - in flight?
On August 11, 2017, Russian Prime Minister Dmitry Medvedev signed a decree on the resumption of the state program of assistance to mortgage borrowers in a difficult financial situation. Assistance to ruble and foreign currency mortgages will be provided within the framework of Resolution No. 961 of August 11, 2017.
The decree explains that some mortgage borrowers due to economic crisis found themselves in a difficult financial situation (a decrease in income, an increase in mortgage payments issued in foreign currency), and therefore need financial assistance from the state.
Within the framework of new program mortgage borrowers receive financial assistance from the Agency for Housing Mortgage Lending (AHML) in the form of writing off 30%, but not more than 1.5 million rubles of the remaining amount of the mortgage. In addition, the forfeit calculated by the bank is subject to write-off, except for the forfeit that has already been paid by the borrower or collected on the basis of a court decision that has entered into legal force.
A total of 2 billion rubles have been allocated to help mortgage holders, this will allow restructuring 1.3 thousand problem mortgage loans.
Mortgage restructuring mechanism
After the restructuring, the foreign currency mortgage rate will not exceed 11.5%, and the ruble mortgage rate will not exceed the rate on the date of the restructuring.
The borrower can choose in what form to receive assistance from the state:
- in the case of a foreign currency mortgage, convert it into ruble at a rate lower than the rate of the Bank of Russia at the time of the conclusion of the restructuring agreement;
- one-time write-off of part of the debt.
When carrying out restructuring, no commissions are charged by the lender.
The restructuring is carried out by the decision of the creditor bank. If the bank makes a positive decision, the issue of restructuring is then decided by the AHML.
Who is entitled to the restructuring of the mortgage according to Resolution No. 961
Mortgage borrowers (families) belonging to the following categories can receive restructuring of a mortgage loan under Resolution No. 961:
- citizens who are dependent on persons under the age of 24 who are full-time students;
satisfying to each from conditions:
- the average monthly total income of which for 3 months before the date of filing an application for restructuring, after deducting the monthly payment, does not exceed two living wages for each family member of the borrower. The size of the subsistence minimum is taken in the region of residence of the borrower.
- on the date of filing an application for restructuring, the amount of the monthly mortgage payment increased by at least 30% compared to the amount of the payment on the date of the loan agreement.
Thus, the program cuts off the possibility of most ruble mortgage holders participating in it. The authorities spoke about the priority of the new program for foreign currency mortgage borrowers back in the spring of 2017. Later, in July of the same year, this information was confirmed by representatives of banks.
In addition, by September 1, 2017, a special commission will be created that will deal with exceptional cases restructuring, for example, if the borrower does not meet some of the conditions of the program (no more than two clauses of the conditions), but at the same time clearly needs assistance. Consideration by the commission of such cases will be carried out on the basis of the appeal of the creditor bank(i.e. the decision to admit the borrower to the restructuring program or not, first of all, is made by the bank).
Also, the commission will be entitled to increase the amount of assistance to the mortgage borrower, but no more than 2 times.
Mortgage requirements
The total area of mortgage housing should 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.
Mortgage housing should be the only one, in this case, the presence of the aggregate share of the pledger and members of his family (spouse (s) of the pledger, as well as his minor children, including those under his guardianship or trusteeship) in the right of ownership of no more than 1/2 share in another dwelling is allowed in the period from April 30, 2015 to the date of filing an application for restructuring.
The mortgage must be concluded not less than 12 months in advance before the date the borrower submits an application for restructuring.
List of documents for participation in the program
To participate in the mortgage restructuring program, the borrower must collect the required documents:
- Copies of documents proving the identity of all borrowers (joint and several debtors), as well as the pledger (s) and their family members;
- Documents confirming the level of income of all borrowers (solidary debtors) for 3 months preceding the conclusion of the restructuring agreement (duly executed copies of work books, income statements in the form of 2-NDFL, etc.);
- Documents confirming social category the borrower (birth certificates of children, a certificate of a combat veteran of the established form, a certificate of disability, etc.);
- Copies of mortgage title documents.
In addition to the main list of documents, banks are entitled to require any additional documents to make a decision on the possibility of restructuring.
AHML will receive extracts from the Unified State Register of Real Estate on its own.
Banks that participate in the mortgage assistance program
To get help from the state in repaying the mortgage, the borrower must contact his creditor bank:
- AHML JSC
- PJSC Sberbank
- Alfa Bank
- VTB Bank (PJSC)
- Bank GPB (JSC)
- VTB 24 (PJSC)
- PJSC Bank FC Otkritie
- JSC "Rosselkhozbank"
- AO UniCredit Bank
- OAO "MOSCOW CREDIT BANK"
- PJSC ROSBANK
- Raiffeisenbank JSC
- PJSC "B&N Bank"
- PJSC "Bank" Saint-Petersburg"
- JSCB "Absolut Bank" (PJSC)
- LLC "AVENIR"
- JSC "Avtogradbank"
- JSC "AZHIK Voronezh Region"
- JSC "AHML of the Vologda Region"
- AHML KO JSC
- JSC "AHML in the Tyumen region"
- JSC "AHML of the Tambov Region"
- PJSC "AK BARS" BANK
- PJSC "AKIBANK"
- JSCB "Almazergienbank" JSC
- JSCB "AltaiBusiness-Bank" (OJSC)
- PJSC "BANK SGB"
- BASHKOMSNABBANK (PJSC)
- JSC "B&N Bank Murmansk"
- PJSC "B&N Bank Tver"
- "BUM-BANK" LLC
- PJSC "BystroBank"
- JSC "VAIZHK"
- Bank "RRDB" (JSC)
- GLOBEXBANK JSC
- PJSC "Far Eastern Bank"
- JSC "DVITs"
- JSB "Devon-Credit" (PJSC)
- JSC "KB DeltaCredit"
- JSC "Bank ZhilFinance"
- PJSC "Zapsibkombank"
- PJSC Bank ZENIT
- JSCB "Izhkombank" (PJSC)
- JSCB "Investtorgbank" (PJSC)
- JSC "Mortgage Agency of Ugra"
- LLC "Kamsky Commercial Bank"
- Krayinvestbank OJSC
- JSC "Credit Europe Bank"
- Krona-Bank LLC
- Bank "KUB" (JSC)
- CB "Kuban Credit" LLC
- JSB Kuznetskbusinessbank (JSC)
- PJSC "Kurskprombank"
- Bank "Levoberezhny" (PJSC)
- CB LOCKO-Bank (JSC)
- PJSC "METKOMBANK"
- CB "Moskommertsbank" (JSC)
- PJSC MOSOBLBANK
- PJSC "MTS-Bank"
- JSC "RELIABLE HOUSE"
- NOAIK JSC
- PJSC "NOKSSBANK"
- OJSC "OblAIZhK"
- OTP Bank JSC
- PJSC "Plus Bank"
- PJSC SKB Primorye "Primsotsbank"
- JSCB "Proinvestbank" (PJSC)
- Regional Development Fund housing construction and mortgage lending
- JSCB "RosEvroBank" (JSC)
- Joint Stock Bank " Russian capital"(PJSC)
- LLC CB "RostFinance"
- PJSC AKB "Svyaz-Bank"
- JSC CB "Northern Credit"
- JSC "SMP Bank"
- CJSC "SNGB"
- Bank "Snezhinsky" JSC
- JSC "Sobinbank"
- PJSC Sovcombank
- JSC "SPb TsDZh"
- JSC "AIKB" Tatfondbank "
- Timer Bank (PJSC)
- "TKB" (CJSC)
- PJSC "Tomskpromstroybank"
- JSC "TEMBR-BANK"
- JSC "UGAIK"
- PJSC JSCB "Ural FD"
- PJSC "BANK URALSIB"
- NO "RHD Foundation"
- JSCB FORA-BANK (JSC)
- JSCB "Forshtadt" (JSC)
- JSC CB "Center-invest"
- OJSC "CHELINDBANK"
- OJSC "CHELYABINVESTBANK"
- JSCB "CHUVASHKREDITPROMBANK" PJSC
- Moscow Stars B.V.
- RESO Investment Company JSC
- JSC "AB" RUSSIA "
- JSC "RESO Financial Markets"
- CJSC Mortgage Agent AHML 2010-1
- CJSC "Mortgage Agent AHML 2011-1"
- CJSC "Mortgage Agent AHML 2011-2"
- CJSC "Mortgage Agent AHML 2012-1"
- CJSC "Mortgage Agent AHML 2013-1"
- CJSC "Mortgage Agent AHML 2014-1"
- CJSC "Mortgage Agent AHML 2014-2"
- CJSC "Mortgage Agent AHML 2014-3"
- CJSC "Mortgage Agent Absolut 1"
- CJSC "Mortgage Agent Absolut 2"
- CJSC "Mortgage Agent Absolute 3"
- JSC "Mortgage Agent BFCO"
- CJSC "East Siberian Mortgage Agent 2012"
- CJSC "Mortgage Agent NOMOS"
- CJSC Mortgage Agent Otkritie 1
- CJSC "Mortgage Agent Petrocommerce - 1"
- LLC "Mortgage agent TKB-2"
- CJSC "Mortgage Agent KhMB-1"
- CJSC "Mortgage Agent KhMB-2"
- LLC "Mortgage Agent Eclipse-1"
- CJSC "MORTGAGE AGENT FORA - 2014"
Program duration
The deadline for the end of the program is not stipulated in Resolution No. 961, but the program will end as soon as the funds allocated for its implementation run out. The regulation comes into force on August 22, 2017.
New conditions of the Assistance Program for Mortgage Borrowers 2017-2018
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 the threat of bankruptcy in case of a mortgage and what will happen to a mortgage apartment in the article at the link.
In 2015, the Russian government adopted a program to support mortgage borrowers in difficult life situations. This program of assistance to mortgage holders prematurely ceased to exist in March 2017 due to the expenditure of the allocated funds.
In August 2017, the Government of the Russian Federation, headed by D.A. Medvedev. allocated an additional 2 billion rubles to provide assistance to mortgage borrowers. However, the terms of the program have changed significantly.
For reference. The regulatory document governing the procedure for the provision of assistance is the Resolution of the Government of the Russian Federation of April 20, 2015 N 373 (with amendments and additions in force in 2017) "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage 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".
The new conditions of the program of assistance to mortgage borrowers, in force in 2018, were approved by the Government of the Russian Federation of August 11, 2017 N 961 "On the further implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation" (entered into force 21.08.2017).
Now let's take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.
The issues of providing assistance in the event of difficulties in repaying mortgage loans is handled by the joint-stock company "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 the conclusion of the lender and the borrower (joint and several debtors) of an agreement 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 debt on the restructured mortgage loan. To conclude a debt restructuring, the borrower must submit an application to the credit institution.
Maximum support amount
The maximum amount of compensation for a loan is 30% of the balance of the loan (loan) calculated on the date of the 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) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage 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 appropriate appeal of the lender to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
Program duration
Despite the fact that in new edition no specific terms have been set for the program, it is assumed that the program will end its existence after spending all allocated additional funds (2 billion rubles).
Conditions for providing support to mortgage borrowers
Now let's figure out who can get help. In accordance with the current legislation, citizens can count on help with mortgage difficulties subject to the following conditions at the same time(listed below):
1 prerequisite - categories of borrowers.
The borrower (joint and several 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 (curators) 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 - a change in the financial position of the borrower (joint and several debtors).
To receive assistance, it is necessary that the average monthly gross income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring , does not exceed for each family member of the borrower (joint and several debtor) twice the subsistence minimum established in the constituent entities of the Russian Federation, on the territory of which the persons whose income was taken into account live.
New condition. 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 income of the borrower (solidary debtors) and his family members, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased not less than 30 percent in comparison with the size of the planned monthly payment calculated on the date of the conclusion of the loan agreement (loan agreement).
Thus, Despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition for an increase of 30% in monthly payments suggests that this program will be able to benefit mainly from citizens who have taken out 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 issued as a pledge. Read about the procedure for obtaining a mortgage in the article at the link.
4 condition - requirements for the area of the room.
Assistance is provided if residential premises, including residential premises, the right to claim for which arises from the equity participation 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 /
For reference. The condition for the minimum cost of 1 sq. meter of total area is excluded.
Condition 5 - Sole Housing.
Assistance is provided only if there is only one accommodation. In this case, the presence of the aggregate share of the mortgagor and his family members in the ownership of no more than 1 other dwelling in the amount of no more than 50 percent is allowed.
Important. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower does not need to provide information from the Unified State Register of Real Estate. The Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided by the borrower in accordance with this subparagraph.
6 condition - the term for the 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 the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on the mortgage loan (loan) provided at least 12 months prior to the date the borrower submits an application for restructuring.
New exceptions. Clause 9 of the new Program Conditions (as amended by RF Government Decree of 11.08.2017 N 961) stipulates that in case of non-compliance with no more than two conditions stipulated by Clause 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in accordance with the procedure, stipulated by the regulation on the interdepartmental commission.
Mortgage Borrower Support Form
In order to receive assistance, the bank must provide for the following changes in the terms of the mortgage loan:
- change of loan currency from foreign currency to Russian rubles at the rate not higher than the rate of the corresponding currency set by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
- setting the size of 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 effect on the date of the restructuring agreement (for credits (loans) denominated in Russian rubles);
- reduction of the borrower's monetary obligations(joint and several debtors) in the amount of not less than the maximum amount of compensation due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the loan (loan) currency from foreign currency to Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation for the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
- exemption of the borrower (joint and several debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that has entered into legal force.
Which banks provide assistance to mortgage borrowers
Acceptance of documents for rendering assistance to borrowers within the framework of 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, B&N Bank, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Dalnevostochny bank, Zapsibkombank, ZENIT Bank, Kuryzhkombank , METKOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.
Recall that in order to obtain restructuring, you must contact 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 satisfied, it will not be superfluous to refer to the decree of the Government of the Russian Federation of 20.04.2015 N 373 in the application to the bank.
With the decree of the Government of the Russian Federation N 373 in current edition can be found at the link.
Please note that the program does not provide for the full 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 a partial or full write-off of fines, penalties and penalties for late payments that have arisen during a period of deterioration in 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 exemption of the borrower from property and title insurance obligations, as well as personal insurance, the conditions for which are spelled out in the current loan agreement.
Transitional provisions
Many borrowers applied for loan restructuring in early 2017 under the Mortgage Assistance Program (old version). In connection with the extension of the program, the question arises: "Is it worth submitting new applications in this case, or should banks return to consideration of previously submitted applications?"
The new Program Conditions established that if the borrowers' applications for the restructuring of housing mortgage loans (loans) were received before the entry into force of the Government of the Russian Federation No. 961 (until August 2017), but were not satisfied, compensation for losses (part of them) to creditors ( lenders) for housing mortgage loans (loans) 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 for housing mortgage loans (loans) who find themselves in a difficult financial situation, in the new edition.
Thus, to receive support, it is necessary to submit new applications with the list of documents provided for by AHML JSC.
State Mortgage Assistance Program Extended: Latest News
Started in 2015 Government program assistance to mortgage borrowers in order to help in the execution of the undertaken credit liabilities people for whom they have really become overwhelming.
The program began to operate in 2016, was suspended, then extended again. During this time, 18,887 families received assistance. By Decree of the Government of the Russian Federation of August 11, 2017 N 961, a decision was made to resume the program, the deadline is not specified in the document.
Algorithm of the program
State support is provided through the Ministry of Construction of the Russian Federation through the AHML. For this, the Agency for Housing Mortgage Lending JSC has allocated funds in the amount of 2 billion rubles to compensate lenders for mortgage loans.
AHML is a state organization with 100% state capital. Created to support banks that provide long-term loans for the purchase of housing by citizens.
How are the AHML, the bank that issued the “problem” mortgage, and the borrower related to each other? Omitting the terms, we get the following algorithm:
- The bank issues a loan to the borrower from its own funds;
- Receives money from AHML to restore its stock;
- The agency buys the right to the issued loan from the bank, leaving it with the functions of an operator in settlements with the debtor. The bank raises the interest on the loan a little and earns on the difference in the rate.
2018 Mortgage Assistance Program
The program of the 2018 model has been greatly changed taking into account the economic situation, a decrease in mortgage rates and the appearance of banks of their own assistance programs (refinancing and restructuring) of problem debts. The support has become more personalized.
One thing remains unchanged: the program does not provide for payment for the borrower's debt, but only helps to reduce the monthly financial burden to a feasible one.
Who is eligible for government support?
Only four categories of citizens are eligible for state support:
- Parents, adoptive parents / guardians / custodians of a minor child (one or more).
- Persons who are dependent on citizens under the age of 24, who are undergoing full-time education in a secondary or higher educational institution.
- People with disabilities or citizens with disabled children.
- War veterans.
- In rare cases, it is envisaged to revise the terms of the agreement for other citizens at the request of the executive authorities, deputies of the State Duma, the ombudsman for human rights.
New: Reducing the interest on the mortgage taken to 6% for families where 2 and 3 children are born, in the period from January 1, 2018 to December 31, 2022. The program "Family mortgage with state support". AHML has already allocated money for this.
Requirements for your financial condition(both conditions are required):
- Three months before the date of application for assistance, the average family income per month must be less than or equal to two times the regional subsistence level.
- The minimum mortgage payment increased by 30% or more compared to the amount of the monthly payment determined at the time of the conclusion of the loan agreement.
In fact, this is a condition that only those who have taken out a foreign currency mortgage can receive assistance, since the ruble amounts of the agreement are fixed and cannot grow by 30%. And with the jumping exchange rate of the dollar and the euro, this is possible.
Restrictions on the area of mortgage housing for the purpose of obtaining assistance:
- 1-room apartment - 45 m2;
- 2-room apartment - 65 m2;
- 3-room apartment and other multi-room housing - 85 m2.
If the mortgage housing is larger, the bank will simply advise you to sell it and buy a smaller apartment.
Price for 1 sq.m. mortgage housing should not be higher than 60% market price 1 sq.m. typical housing on the market (for the calculation, actual data on the regional market are taken).
The last condition further narrows the circle of applicants for help. Prices square meters the market is subject to change. And if the apartment has dropped significantly in price, then support will be denied. But the space restrictions do not apply to families with three or more children.
Additional conditions:
- 1. The borrower is a citizen of the Russian Federation;
- The mortgage was issued at least a year ago;
- Mortgage housing is located on the territory of the Russian Federation and should be the only one for the borrower (there may be one more housing, but provided that the joint share of the mortgagor and his family members does not exceed 50% of this property).
To get help, you need to contact the bank where the mortgage is issued. The bank must be included in the AHML list.
The latest news: AHML was renamed into Dom.RF JSC.
What help can be provided?
- Replacement foreign currency loan in ruble. New rate for a loan should not be higher than for existing mortgage loans offered to banks at the time of renewal of the agreement, and not more than 11.5%.
- Decrease in liabilities to a credit institution. The bank can reduce the amount of debt on the loan by 30% of the loan balance, but not more than 1.5 million rubles. The amount of compensation is the decision of the financial institution.
The amount of payments under the program mortgage assistance it is possible (but difficult!) to double it by submitting an application to a special interdepartmental commission. The same commission will also consider your complaint if the bank refuses to provide assistance or when it is issued under 2 points of the conditions from the list of mandatory ones.
During the restructuring period, the lender cannot demand a commission or other additional payments from the borrower.
All actions related to restructuring are carried out at the expense of the state.
List of required documents
Scroll required documents, which must be collected before going to the bank:
- Passport of a citizen of the Russian Federation;
- completed application form; (can be filled in according to the form found on the bank's website);
- loan agreement;
- birth certificate of children (minors);
- combat veteran certificate;
- solvency documents for the last three months;
- work book (original for the unemployed and a copy for those employed);
- certificate stating that the child is a full-time student;
- decision of the guardianship authorities and a court order (for guardians and adoptive parents of minors);
- certificate of state registration real estate object;
- certificate of medical and social expertise (for disabled people and in the presence of a disabled child);
- a valid insurance policy and a receipt for payment of the insurance premium.
You can clarify the entire list of documents at the bank or on the bank's website in the appropriate section.
What if you do not qualify for the program, but need help?
Let us repeat that in practice only borrowers who have issued a mortgage in foreign currency can count on receiving assistance from the state. For the rest, there is a large percentage of refusals.
And what about the rest of the borrowers who also find themselves in a difficult situation?
Banks offer their own options for restructuring / refinancing, mortgage loans without the participation of AHML.
According to the forecasts of JSC "Dom.RF", the average mortgage rates will be about 8% by the end of 2018, and the rate of 7% is "the prospect of one or two years."