What to do with a military mortgage upon dismissal. Military mortgage upon dismissal. How to cash out savings, and who has the right to do so

The military mortgage program proposed by the Government, although it is considered a very attractive tool for providing housing for officers and contract soldiers serving the Fatherland, in addition to many advantages, it also has several disadvantages.

The negative aspects of a military mortgage are the difficulties that military personnel face when leaving.

Dismissal of a contract employee may occur on preferential terms (respectful) reasons or for other non-beneficiary reasons. The preferential ones include: carrying out general training in the military department; deterioration of the serviceman's health; reaching a certain age limit; existing family circumstances.

When does a serviceman have to return money to the state?

In addition to preferential reasons, length of service is always taken into account. These two factors influence whether a participant in the state program will give money to the state or not.

  • has more than 20 years of military service experience (the article may not be respectful at all, even to the point of being NUC);
  • has more than and is dismissed on preferential terms (there are 4 of them);
  • recognized by the medical commission as unfit for further service (completely unsuitable for military service) regardless of length of service.

Those NIS participants who:

  • independently expressed a desire to resign with less than 20 years of service, incl. in preferential terms;
  • violated the terms of the contract with less than 20 years of service, incl. in preferential terms;
  • dismissed on preferential terms, but their military service has not reached 10 years.

A former participant in the NIS state program who resigned from service must return all contributions to Rosvoenipoteka, according to a schedule calculated for 10 years. To avoid any questions when repaying payments, Rosvoenipoteka will provide former member state programs debt repayment schedule.

Privileged mortgage, although it is an attractive government program to provide housing for defenders of the Fatherland, has its drawbacks. Thus, the majority of military personnel who are participants in the savings-mortgage system do not seek to use a targeted housing loan (CHL) to purchase an apartment, as they are afraid of possible dismissal and the need to pay bank interest on their own. On the contrary, the state is interested in having career military personnel extend their contracts for the maximum possible period.

Preferential reasons for dismissal

One of the types and reasons for dismissal is dismissal from service due to organizational and staffing measures. The previously existing system for providing ready-made apartments was quite transparent, but today most officers ask the question: “Who bears the obligations for a military mortgage in the event of a contract soldier’s dismissal from the general military service?”

List of accidents that may cause dismissal of an employee of the RF Armed Forces:

  1. If it is impossible to appoint to such a post and the employee refuses to be given a higher or lower position:
  2. a) reduction of the position held by the person in the state;

    b) expiration of the period of service at the disposal of the commander;

    c) reduction of military rank and salary for the position held by the officer and unwillingness to continue serving.

  3. declaring an officer unfit for service in his position, in the absence of his consent to accept another post.
  4. reduction of positions of one specialty or replacement with another composition of employees.
Contract workers - participants of the NIS, dismissed in connection with the OShM, have certain guarantees, which depend both on the length of service of the Defender of the Fatherland, and on the fact of purchasing residential real estate within the framework of a military mortgage.

How to quit with a military mortgage if you are a military man different period length of service:

Length of service, years

Military personnel - who did not buy an apartment

Military personnel who bought an apartment

The right to use personal savings at your own discretion

CZH funds are non-refundable

Can take away existing savings plus receive additional compensation payments

Used savings funds are not returned and are entitled to additional compensation. After dismissal, they pay off the remainder of the loan on their own or at the expense of funds received.

Do not claim savings

Must return the amount to the Central Bank in full, and also repay the loan to the bank at their own expense

Thus, dismissal under the General Staff does not affect the terms of the mortgage only for officers with at least 20 years of experience. allows you to use the accumulated funds not only for the purchase of housing, but also for other purposes. Contract workers with less length of service will be forced to repay loan obligations, i.e. returning a military mortgage yourself.

Repayment of financial obligations

Oshm belong to the list of preferential grounds, dismissal for which in some cases gives an army employee the right to receive savings recorded in his personal account.

Depending on the reasons for dismissal, military mortgage obligations can be repaid using budget transfers or placed on the shoulders of the borrower.

Thus, “respectful” factors include:

  • organizational and staffing measures;
  • deterioration of health;
  • reaching a certain age;
  • family circumstances.

According to the Military Mortgage program, dismissal due to illness, i.e. recognition as unfit for service is a valid circumstance when repaying the life insurance certificate.

In this case crucial in the matter of a military mortgage, the length of service will be:

  1. Targeted housing loan funds used as a down payment on a mortgage loan, as well as financial obligations to the bank, are not repayable for persons:
  2. More than 20 years of service;

    Those who have more than 10 years of service and were dismissed on preferential terms;

    Declared unfit for military service.

  3. The entire amount of personal savings used by the contract employee is subject to return in case of dismissal:
  4. At your own request;

    Due to failure to comply with the terms of the contract;

    On preferential terms for an employee whose service period has not reached 10 years.

The former NIS participant must repay the debt to the Federal State Institution "Rosvoenipoteka" within 10 years, for which a payment schedule will be established and interest will be charged in the amount of the refinancing rate.

If obligations to NIS in some cases do not require repayment, then the debt to the bank must be paid in accordance with the loan agreement. The terms of a military mortgage do not change upon dismissal. The program website provides maximum explanations regarding the program.

Interest on the loan and the principal amount must be paid by the borrower from his own savings. After full payment of the loan, the premises become the property of the borrower.

Debt payment methods

Defenders of the Fatherland with more than 20 years of service can take advantage of budget funds that supplement personal savings.

Such payments are made from federal budget funds allocated for housing support for employees of the RF Armed Forces.

The following categories of employees are not entitled to compensation:

  • those who have entered into social tenancy agreements and their families;
  • owners of residential real estate purchased without a military mortgage.

The amount of additional allocations depends on the level of the NIS funded contribution, the exact length of service and the time after which the officer would have completed 20 years of service. The site is accessible only to NIS participants by registration number to find out about accruals under the NIS program.

In case of failure to fulfill obligations to the pledge holders - the bank and the Federal State Institution "Rosvoenipoteka", the latter have the right to obtain payment in court.

Otherwise, an apartment purchased with a military mortgage is subject to sale after the dismissal of the NIS participant.

At the same time, the proceeds from the sale are used to pay off the loan debt, repay the mortgage loan, operating expenses and legal costs. Remainder cash transferred to the officer's account.

Military mortgage is a government program aimed at purchasing housing for military personnel within the framework of the savings-mortgage system (NIS). In this article we will consider all the cases that may arise when a serviceman who has taken out a military mortgage is dismissed.

The essence of the program

In order to receive a preferential loan, a military personnel must become a participant in the savings system. The register of participants must include all persons who have graduated from military service. educational institution and signed the first contract for military service after January 1, 2005. For such inclusion in the register, the fact of receiving an officer rank is sufficient.

Persons who graduated from educational institutions before January 1, 2005 are included on a voluntary basis. The basis for entry is the report.

The essence of the savings system consists in the fact that its participants receive a certain amount of money into their personal account. Their size is the same for everyone and does not depend on rank, position held or length of service. The amount of revenue changes every year as a result of indexation.

  • After three years, a serviceman who is a member of the savings system has the right to submit a report for a targeted housing loan (CHL). The result of reviewing the report is that the serviceman receives a certificate. Its validity period is six months from the date of signing.
  • After providing the certificate, you need to select a property. A prerequisite is that the purchased housing meets the requirements of the Ministry of Defense of the Russian Federation.
  • In order to apply for a loan, you need to contact the bank that operates within the framework of this military mortgage program, open an account with it, and also transfer the accumulated funds. This money will be used to pay the down payment. After completing the above steps, the serviceman provides a package of documents necessary to obtain a mortgage. It is also worth noting that housing must meet the bank’s requirements.
  • As soon as the application is approved, a CZL agreement is concluded, the parties to which are the military personnel, the bank, and the federal economic institution Rosvoenipoteka. The lender and the borrower, in turn, enter into a separate loan agreement.
  • The loan is repaid using state budget resources. The payment amount cannot exceed 1/12 of the military member’s savings contribution.

What happens to savings upon dismissal?

Many military personnel wonder what will happen to their savings if they leave the military. The answer to this question depends on the reason for the dismissal.

Reasons for dismissal may be so-called preferential and others. Preferential reasons for dismissal include various organizational and staffing measures, namely:

  1. the serviceman cannot maintain his previous position for reasons beyond his control, and he refuses the offered lower or higher position;
  2. the staffing unit where he worked was reduced;
  3. the serviceman was declared unfit for military service.

In addition, to good reasons layoffs include the following:

  • health problems that may interfere with the performance of military duties;
  • reaching a certain age;
  • family circumstances.

If a serviceman who retired for one of the above reasons did not manage to purchase an apartment under the program before his departure, then he has the right to the accumulated as well as additional funds only if the total period of his service exceeds ten years. In case when the length of service is more than twenty years, the serviceman can use the savings in the account at his personal discretion, and he also has the right to additional funds. If the length of service is within 10-20 years can use the accumulated funds.

To receive funds you must complete the following steps:

  1. after reading the dismissal order, the serviceman writes an application addressed to the head of the military unit for the transfer of funds from the savings account;
  2. the unit commander provides the necessary information about the serviceman to the military command and control authorities, which, in turn, to the Rosvoenipoteka Federal Chemical Institution;
  3. The application can be considered within 30 days, then the money is transferred to the details that the serviceman indicated in the application.

The right to additional funds is available to persons who do not use residential real estate under a social tenancy agreement and do not own other housing.

If such a serviceman managed to purchase a mortgage, then he is not obligated to return all the money to the CJZ, both those that were used for the down payment on the mortgage, and those that were used to repay regular payments according to the schedule and the loan agreement.

The remaining debt after dismissal can be paid off with funds that supplement savings. When additional payments are not due or are insufficient, the serviceman pays off the debt using other personal funds.

The encumbrance on the part of the state is removed upon dismissal, and the borrower decides on the issue of removing the encumbrance on the part of the bank independently after full repayment of the loan.

Upon dismissal of his own free will, due to a violation of the terms of the contract, as well as when the length of service is less than 10 years, the serviceman loses his right to savings within the framework of targeted housing financing. He must return all funds, including the first installment and monthly payments from the federal budget, to the state.

Debt repayment may not be one-time in nature. If a serviceman does not have the opportunity to return all the money at once, then he will do this over a certain period, but not more than 10 years, and in accordance with the schedule formed by the Federal State Institution "Rosvoenipoteka". In this case, the balance of the debt will be charged interest rate, equal to the discount rate of the Central Bank of the Russian Federation. The rate taken into account is the rate that was on the date when the basis for excluding the military personnel from the register of NIS participants arose.

On the part of the state, the encumbrance will be removed from the real estate when the former serviceman pays off his debt in full under the targeted housing financing agreement.

The borrower repays the entire remaining loan amount independently in accordance with the schedule provided by the bank. Accordingly, the encumbrance on the part of the bank will be excluded from the register after full repayment and closure of the loan agreement.

If a serviceman does not repay a debt

In a situation where a former serviceman does not repay his debt under the LLC, the Federal State Institution "Rosvoenipoteka" has the right to forcefully sell the housing that is pledged by applying to the courts. The residential premises will be sold forcibly within the framework of current Russian legislation.

After sale, the proceeds will be used to:

  • repayment of debt on CLP and bank loan;
  • payment of expenses associated with forced sale;
  • legal costs.

If after enforcement and there is a balance of funds for all obligatory repayments, it is credited to the personal bank account of the former military man, opened within the framework of the savings mortgage system. In a situation where the proceeds were not enough to repay all payments, the person remains a debtor. The debt is repaid in accordance with the procedure established by law.

What happens when a discharged service member enters into a new contract?

A serviceman who has retired from military service can enter into a new contract. If military service is provided for by law in this federal body, then the serviceman can be re-included in the register of the savings mortgage system. The basis for this will be a new contract.

If a serviceman was dismissed from his first place of service due to family circumstances, as a result of health conditions or organizational and staffing measures, then the accrual of contributions is resumed. For the period when the person was not in military service, contributions are not accrued. The funds that had already been accumulated before dismissal are used to pay off the debt under the targeted housing loan agreement. If there is a balance of funds after repayment, they will also be taken into account in the new savings account.

When dismissal occurs at will or as a result of a violation of the terms of the contract, the money accumulated in the account is not restored. After re-registration, the funds are used to pay off the debt on the target mortgage loan (if the mortgage has been issued).

Repayment of a mortgage from a bank at the expense of the state budget is possible when the debt on the central mortgage loan is repaid, including accrued interest and penalties.

Thus, the only risk-free option for obtaining a mortgage is the situation when a military personnel has served for 20 years or more. Even if a serviceman is dismissed, he will not bear any costs. If the length of service at the time of dismissal is less than 10 years, the former serviceman may be left with debt or lose his apartment. Therefore, when deciding on this option of purchasing real estate, it is worth weighing all the risks. On the other hand, in recent years real estate prices are rising at a faster pace than the indexation of payments. Consequently, no one can guarantee that a serviceman will be able to buy normal housing by postponing the purchase until he has served 20 years.

During the period of military service with participation in the NIS for more than three years, a serviceman can direct funds from his special account to purchase housing. Read in detail about how to apply for and how to get a military mortgage, and you can find out about the nuances of purchasing an apartment using a military mortgage.

But if during his service he did not take advantage of government transfers, then it is possible to use them upon discharge from the army.

When receiving a dismissal order, you must:

  1. send an application to the unit command for the payment of NIS funds, indicating the bank account number where the money should be transferred.
  2. The unit commander sends information about the dismissed person to the housing department of the Rosvoenipoteka Federal State Institution.
  3. Within 30 days, the NIS amount is credited to the military account specified in the application.

The transferred government amounts are not necessarily used to purchase housing. The retired officer can dispose of them at his own discretion.

Mortgage and length of service

The main condition for providing mortgage lending is participation in the NIS. Moreover, the period of this participation must exceed three years.

Only if this requirement is met and following conditions state funds are retained by the military personnel:

  • Service experience must be 20 years or more.
  • the period of service is more than 10 years, and the resignation occurred for one of the valid reasons. These include: reduction in the army, loss of health, family circumstances, reaching a certain age.
  • service life without restrictions if declared unfit for service.

These are the conditions for a military mortgage upon dismissal after 10 years, as well as for service up to 20 years in general. You can find out more about the requirements and conditions for providing a preferential loan, and we talked about who is entitled to a military mortgage for housing and how to become a participant in the program.

If a military man left the army before ten years of service as a result of reductions made, as well as at his own request after serving for up to 20 years, he will not be able to use NIS funds. Even if a targeted loan is issued, the amount will have to be returned to the state.

We talked in detail about how to return funds on a military mortgage and check the amount of savings in.

How are things going?

With a military mortgage upon dismissal?

What will happen to the military mortgage upon dismissal at the end of the contract? NIS funds remain entirely at the disposal of the officer after retirement with service of 20 years or more, with 10 years of service and preferential grounds for dismissal, as well as when declared unfit for health reasons.

A military man can claim additional amounts from the state, which he is entitled to provided that he does not have any property at his disposal.

“What will happen to the military mortgage if I leave the army prematurely?” - one of the military will ask.

Upon dismissal ahead of schedule from the ranks of the army will have to return all government mortgage transfers.

If a former army employee is unable to return the money, then the apartment taken by preferential lending, will be implemented. The proceeds will be used to pay off the debt of the Rosvoenipoteka Federal State Institution.

In the event of the death of a soldier

In the event of the death of a member of the armed forces, all real estate is inherited by his family. There are two repayment options mortgage loan, issued to a deceased military man.

  • When the widow accepts mortgage lending obligations, repayment will continue to be made by Rosvoenipoteka.
  • The family of a deceased serviceman can also apply for additional funds– a one-time cash payment. It is calculated based on the number of years that the officer lacks to reach 20 years of service. Payment of this amount to the family of the deceased is made within three months from the date of filing the application. The widow can use this money to pay off her mortgage.

If during his lifetime the military man did not use the NIS, then his family has the right to receive the entire amount of savings.

Important! A military family is considered to be a wife and children. Only they have the right to claim NIS funds or a one-time cash payment. Mother, father, sisters or brothers cannot use budget transfers. Exceptions are those family members who were dependent on the deceased.

If the life of an employee Russian army was insured, then the insurance company pays the mortgage. This greatly simplifies the family's situation. In this case, the widow and children can use one-time cash payments at their own discretion.

The question of the cause of his death does not in any way affect the money transfers. They remain for his family. Repayment of funds on a military mortgage if you quit is subject to payment only upon voluntary termination of the contract or service less than 10 years.

  • loss of savings;
  • the obligation to return the housing estate received for the purchase of housing, and also with interest;
  • the obligation to pay off the balance of the loan on your own.

Forewarned is forearmed!

What you should pay attention to and what you need to remember:

7 total number The reasons under which an NIS participant or his family members do not lose anything are:

  • 20 years of service;
  • dismissal due to unfitness for military service (category D);
  • four “good” articles upon dismissal with service of 10 years or more:
    • organizational and staffing events,
    • health status,
    • family circumstances,
    • age limit;
  • death of a soldier.

11 positive grounds for dismissal, when length of service does not matter and when savings are maintained until reinstatement in military service, and the return of the civil rights certificate to the state (if any) is carried out without deduction of interest:

  • end of contract or service;
  • state of health in connection with recognition as either unfit or partially fit for military service;
  • termination of military service during the period of its suspension;
  • organizational and staffing measures;
  • transfer to service in the Department of Internal Affairs, the National Guard troops, the State Fire Service, institutions and bodies of the penal system or customs authorities;
  • transfer to the federal public civil service;
  • significant and (or) systematic violations of the terms of the contract in relation to the military personnel;
  • family circumstances;
  • empowerment of the highest official subject Russian Federation or election (appointment) as a member of the Federation Council;
  • in connection with the election as a deputy State Duma, deputy of the legislative (representative) body state power subject of the Russian Federation, deputy of a representative body municipality or the head of the municipality;
  • at your own request if there are good reasons.
The debt to the bank is not written off either after 20 or 10 years of service. The remaining amount must be paid after dismissal.
If this is not done, the bank has the right to foreclose on the mortgaged housing and sell it at auction.

The balance of the loan can be repaid using funds supplementing savings (ADS). They are applicable only in case of early dismissal:

  • in connection with recognition as unfit for military service (category D), for any length of service;
  • with service from 10 to 20 years, one on four grounds: general education, health status, family circumstances, age limit.

What will happen to an apartment or house purchased with a military mortgage?

The first thing that is important to know: the apartment or house was and will remain your property, but possibly with encumbrances.

We look at the length of service and the period for full repayment of the loan. Possible options:

  • 20 years of service or more, loan repaid. - In this case, all encumbrances are removed, and the housing becomes your full possession.
  • 20 or more years of service, the loan has not been fully repaid. - In this case, the state is not owed anything, but the balance of the loan will have to be paid to the bank independently (approximately 22-24 thousand per month).
  • Service for more than 10 and less than 20 years, the loan has been repaid. - We look at four “good” grounds for dismissal and if one of them falls out, in addition to an apartment (house) free of encumbrances, we also receive additional additional benefits in the amount of up to 2.5 million rubles. at one time. If you do not fall into these grounds, you will have to return everything to both the state and the bank.
  • Service for more than 10 and less than 20 years, the loan has not been repaid. - If there are “good” grounds, we receive additional additional payments and use them to pay off the remaining debt on the loan. If additional payments are not required or there are not enough of them, we repay the loan balance with monthly payments.
  • Less than 10 years of service. - Rosvoenipoteka and the bank send debt repayment schedules, we pay them off on our own.
  • Less than 10 years of service, dismissal due to health (category D). - They don’t owe the state anything, and there will definitely be enough additional additional payments to fully repay the loan.
  • Death of a soldier. - Family members can apply for a loan for themselves and the state will transfer funds until it is fully repaid. Instead, family members can receive additional benefits and make early repayment of the loan.

We tried to present it as briefly as possible, but there are a lot of nuances. If you have any questions, ask them in the comments.