Decree of the Russian Federation 961 of 11.08. Standard samples of contracts, documents and other business papers, sets of laws and codes, a collection of regulations and standards, a catalog of business plans and ideas, ratings of Russian banks. What help can be provided

Government Russian Federation decides:

1. Approve the attached changes that are being made to the main 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, approved by Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program assistance to certain categories of borrowers on housing mortgage loans (loans) who find themselves in a difficult financial situation, and to increase authorized capital Joint Stock Company "Housing Mortgage Lending Agency" (Collected Legislation of the Russian Federation, 2015, No. 17, Art. 2567; No. 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:

before September 1, 2017, create an interdepartmental commission to make decisions on compensation to creditors (lenders) for mortgage housing loans (loans), mortgage agents operating in accordance with Federal law"About mortgage securities", for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "House Mortgage Lending Agency" for mortgage housing loans (loans), the rights of claim for which were acquired by this company, losses (parts thereof) incurred as a result of the restructuring of housing mortgage loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers for housing 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;

send to the joint stock company "Housing Mortgage Lending Agency" 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 "Housing Mortgage Lending Agency " for the purpose of compensation for losses (part of them) to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and the joint stock company "Housing Mortgage Lending Agency" for residential mortgage loans (loans), the rights of claim for which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers for residential mortgage loans (loans) that find themselves in a difficult financial situation.

3. The Federal Agency for State Property Management shall ensure, in the prescribed manner, an increase in the authorized capital of the joint-stock company "Housing Mortgage Lending Agency" by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of ownership of them by the Russian Federation, 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 "Housing Mortgage Lending Agency".

4. To recommend to the joint stock company "Housing Mortgage Lending Agency" before increasing the authorized capital in accordance with paragraph three of paragraph 2 and paragraph 3 of this resolution to direct its own funds in the amount of no more than 500 million rubles to reimburse creditors (lenders) for residential mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (parts thereof) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and to allow the funds received in accordance with paragraph three of paragraph 2 of this resolution to be used to reimburse the costs of the joint-stock company "Housing Mortgage Lending Agency" incurred during the implementation of the assistance program certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If borrowers’ applications for restructuring of housing 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) for housing mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "House Mortgage Lending Agency" for housing mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to compliance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers for residential mortgage loans (loans) who find themselves in a difficult financial situation, as amended by this resolution.

Chairman of the Government

Russian Federation

D.MEDVEDEV

CHANGES TO THE BASIC CONDITIONS OF THE IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SPECIFIC CATEGORIES OF BORROWERS FOR HOUSING MORTGAGE LOANS (LOANS) FINDING UP IN A DIFFICULT FINANCIAL SITUATION

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

BASIC CONDITIONS FOR THE IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SPECIFIC CATEGORIES OF BORROWERS FOR HOUSING MORTGAGE LOANS (LOANS) FINDING UP IN A DIFFICULT FINANCIAL SITUATION

1. The main 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 (hereinafter referred to as the program) determine the conditions for the restructuring of housing mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the conditions for compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and joint stock to the company "Housing Mortgage Lending Agency" for residential mortgage loans (loans), the rights of claim for which were acquired by this company, losses (parts thereof) arising as a result of such restructuring (hereinafter referred to as lender, borrower, compensation, restructuring, respectively).

2. Reimbursement under the program is made one-time for residential mortgage loans (loans) restructured in accordance with this document, in the manner established by the joint-stock company "Housing Mortgage Lending Agency", published on its official website on the Internet.

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

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

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

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities” for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint stock company "House Mortgage Lending Agency" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part of them) arising as a result of the restructuring of housing 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) based on the corresponding application of the creditor to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulations on the interdepartmental commission commissions.

8. Unless otherwise provided by this document, as of the date of filing the restructuring application, the following conditions must be simultaneously met:

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 are guardians (trustees) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

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

b) change financial situation borrower (joint and several debtors) - the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated for the date preceding the date of filing the application for restructuring , does not exceed twice the amount for each family member of the borrower (joint and several debtor) living wage established in the constituent entities of the Russian Federation in whose territory 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 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 subclause include the spouse of the borrower (joint and several debtor) and his minor children, including those under his guardianship or trusteeship, as well as persons indicated in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the loan (loan), calculated on the date preceding the date of filing the application for restructuring, increased by at least 30 percent compared to the amount of the planned monthly payment, calculated on the date concluding a credit agreement (loan agreement);

c) security for the fulfillment of the borrower's obligations under a credit agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to 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" construction apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement for participation in shared construction);

d) the total area of ​​residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), does not exceed 45 square meters. 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 security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing 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" on the date the borrower submits an application for restructuring, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph j. members of the mortgagor's family include the mortgagor's spouse and his minor children, including those under his guardianship or trusteeship. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower is not required to submit information from the Unified State Register of Real Estate. mortgage housing lending" checks the information provided by the borrower in accordance with this subparagraph;

f) the credit agreement (loan agreement) was concluded at least 12 months before the date the borrower submitted the application for restructuring, except in cases where mortgage(loan) was provided for the purpose of full repayment of debt on a residential mortgage loan (loan) provided at least 12 months before the date the borrower submitted an application for restructuring.

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

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

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

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

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

d) exemption of the borrower (joint and several debtors) from paying the penalty accrued under the terms of the credit agreement (loan agreement), with the exception of the penalty 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.

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

12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).

The 2017-2018 mortgage borrower assistance program has been extended, but the program has introduced new conditions for borrowers - with priority given to foreign currency mortgages. How to get help?

Without USRN extracts. The new program of assistance to mortgage borrowers 2017-2018 from AHML has been extended, but is focused on helping foreign currency mortgage borrowers. Are rubles in trouble?

On August 11, 2017, Russian Prime Minister Dmitry Medvedev signed a decree on the resumption of the state program of assistance to mortgage borrowers who found themselves in a difficult financial situation. Assistance to ruble and foreign currency mortgagers will be provided within the framework of Resolution No. 961 of August 11, 2017.

The resolution explains that some mortgage borrowers, due to the economic crisis, found themselves in a difficult financial situation (decrease in income, increase in payments on mortgages issued in foreign currency), and therefore require financial assistance from the state.

Within new program mortgage borrowers receive financial assistance from the Agency for Housing Mortgage Lending (AHML) in the form of a write-off of 30%, but not more than 1.5 million rubles of the remaining mortgage amount. In addition, the penalty accrued by the bank is subject to write-off, with the exception of the penalty 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 the restructuring of 1.3 thousand problem mortgage loans.

Mortgage restructuring mechanism

After the restructuring, the rate on foreign currency mortgages will be no more than 11.5%, and ruble mortgages will not be higher than the rate on the date of 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 rubles at a rate lower than the rate of the Bank of Russia at the time of concluding the restructuring agreement;
  • one-time write-off of part of the debt.

When carrying out a restructuring, the lender does not charge any fees.

Restructuring is carried out by decision of the creditor bank. If the bank makes a positive decision, the issue of restructuring is then decided by AHML.

Who is eligible for mortgage restructuring under Resolution No. 961

Mortgage borrowers (families) belonging to the following categories can receive mortgage loan restructuring within the framework of Resolution No. 961:

  • citizens whose dependents are persons under the age of 24 who are full-time students;

satisfying to each from the conditions:

  • whose average monthly total income for 3 months before the date of filing the application for restructuring after deducting the monthly payment does not exceed two subsistence minimums for each member of the borrower’s family. The cost of living is taken in the region of residence of the borrower.
  • on the date of filing the application for restructuring, the amount of the monthly mortgage payment increased by at least 30% compared to the amount of payment on the date of conclusion of the loan agreement.

Thus, the program excludes the majority of ruble mortgage holders from 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 review exceptional cases restructuring, for example, if the borrower does not meet any of the program conditions (no more than two points of conditions), but clearly needs assistance. The commission will consider such cases based on an application from 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).

The commission will also have the right to increase the amount of assistance to the mortgage borrower, but not more than 2 times.

Mortgage requirements

The total area of ​​the mortgaged 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 must be the only one, in this case, it is allowed that the aggregate share of the mortgagor and members of his family (the spouse of the mortgagor, as well as his minor children, including those under his guardianship or trusteeship) in the ownership of no more than 1/2 share in other residential premises in the period from April 30, 2015 to the date of filing the restructuring application.

The mortgage must be concluded no less than 12 months 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 identifying all borrowers (joint and several debtors), as well as the mortgagor(s) and members of their families;
  • Documents confirming the level of income of all borrowers (joint and several debtors) for the 3 months preceding the conclusion of the restructuring agreement (properly executed copies of work books, income certificates in form 2-NDFL, etc.);
  • Documents confirming the social category of the borrower (children's birth certificates, a combat veteran's certificate of the established form, a certificate of disability, etc.);
  • Copies of mortgage title documents.

In addition to the main list of documents, banks have the right 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 independently.

Banks that participate in the mortgage assistance program

To receive assistance from the state in repaying a mortgage, a borrower must contact his creditor bank:

  1. JSC "AHML"
  2. PJSC Sberbank
  3. Alfa Bank
  4. VTB Bank (PJSC)
  5. Bank GPB (JSC)
  6. VTB 24 (PJSC)
  7. PJSC Bank "FC Otkritie"
  8. JSC Rosselkhozbank
  9. JSC UniCredit Bank
  10. OAO "MOSCOW CREDIT BANK"
  11. PJSC ROSBANK
  12. JSC Raiffeisenbank
  13. PJSC "BINBANK"
  14. PJSC "Bank" Saint-Petersburg"
  15. JSCB "Absolut Bank" (PJSC)
  16. LLC "AVENIR"
  17. JSC Avtogradbank
  18. JSC "AZHIK Voronezh Region"
  19. JSC "AHML of the Vologda Region"
  20. JSC "AHML KO"
  21. JSC "AHML in the Tyumen Region"
  22. JSC "AHML of the Tambov Region"
  23. PJSC "AK BARS" BANK
  24. PJSC "AKIBANK"
  25. JSCB "Almazergienbank" JSC
  26. JSCB "AltaiBusiness-Bank" (OJSC)
  27. PJSC "BANK SGB"
  28. BASHKOMSNABBANK (PJSC)
  29. JSC BINBANK Murmansk
  30. PJSC "BINBANK Tver"
  31. "BOOM-BANK" LLC
  32. PJSC "BystroBank"
  33. OJSC "VAIZhK"
  34. Bank "RRB" (JSC)
  35. JSC GLOBEXBANK
  36. PJSC "Far Eastern Bank"
  37. JSC "DVITs"
  38. AB "Devon-Credit" (PJSC)
  39. JSC CB DeltaCredit
  40. JSC "Bank ZhilFinance"
  41. PJSC "Zapsibkombank"
  42. PJSC Bank ZENIT
  43. JSCB "Izhkombank" (PJSC)
  44. JSCB "Investtorgbank" (PJSC)
  45. JSC "Mortgage Agency of Ugra"
  46. LLC "Kama Commercial Bank"
  47. OJSC "Krayinvestbank"
  48. JSC "Credit Europe Bank"
  49. LLC "Krona-Bank"
  50. Bank "KUB" (JSC)
  51. CB "Kuban Credit" LLC
  52. JSB Kuznetskbusinessbank (JSC)
  53. PJSC "Kurskprombank"
  54. Bank "Levoberezhny" (PJSC)
  55. CB "LOKO-Bank" (JSC)
  56. PJSC "METCOMBANK"
  57. CB "Moskommertsbank" (JSC)
  58. PJSC MOSOBLBANK
  59. PJSC "MTS-Bank"
  60. JSC "NADEZHNY DOM"
  61. JSC "NOAIK"
  62. PJSC "NOKSSBANK"
  63. OJSC "OblAIZhK"
  64. JSC "OTP Bank"
  65. PJSC "Plus Bank"
  66. PJSC SKB Primorye "Primsotsbank"
  67. JSCB "Proinvestbank" (PJSC)
  68. Regional Fund for the Development of Housing Construction and Mortgage Lending
  69. JSCB "RosEvroBank" (JSC)
  70. JSCB "Russian Capital" (PJSC)
  71. LLC KB "RostFinance"
  72. PJSC JSCB "Svyaz-Bank"
  73. JSC CB "Northern Credit"
  74. JSC "SMP Bank"
  75. CJSC "SNGB"
  76. Bank "Snezhinsky" JSC
  77. JSC Sobinbank
  78. PJSC "Sovcombank"
  79. JSC "SPb TsDZh"
  80. OJSC AIKB Tatfondbank
  81. "Timer Bank" (PJSC)
  82. "TKB" (CJSC)
  83. PJSC "Tomskpromstroybank"
  84. JSC "TEMBR-BANK"
  85. OJSC "UGAIK"
  86. PJSC JSCB "Ural FD"
  87. PJSC "BANK URALSIB"
  88. NGO "RHD Foundation"
  89. JSCB FORA-BANK (JSC)
  90. JSCB Forshtadt (JSC)
  91. OJSC CB "Center-invest"
  92. OJSC "CHELINDBANK"
  93. OJSC "CHELYABINVESTBANK"
  94. JSCB "CHUVASHKREDITPROMBANK" PJSC
  95. Moscow Stars B.V.
  96. JSC "Investment Company RESO"
  97. JSC AB RUSSIA
  98. JSC "RESO Financial Markets"
  1. CJSC "Mortgage Agent AHML 2010-1"
  2. CJSC "Mortgage Agent AHML 2011-1"
  3. CJSC "Mortgage Agent AHML 2011-2"
  4. CJSC "Mortgage Agent AHML 2012-1"
  5. CJSC "Mortgage Agent AHML 2013-1"
  6. CJSC "Mortgage Agent AHML 2014-1"
  7. CJSC "Mortgage Agent AHML 2014-2"
  8. CJSC "Mortgage Agent AHML 2014-3"
  9. CJSC "Mortgage agent Absolut 1"
  10. CJSC "Mortgage agent Absolut 2"
  11. CJSC "Mortgage agent Absolute 3"
  12. JSC "Mortgage agent BFKO"
  13. CJSC "East Siberian Mortgage Agent 2012"
  14. CJSC "Mortgage agent NOMOS"
  15. CJSC "Mortgage agent Otkritie 1"
  16. CJSC "Mortgage agent Petrokommerts - 1"
  17. LLC "Mortgage agent TKB-2"
  18. CJSC "Mortgage agent KhMB-1"
  19. CJSC "Mortgage agent KhMB-2"
  20. LLC "Mortgage agent Eclipse-1"
  21. CJSC "MORTGAGE AGENT FORA - 2014"

Duration of the program

The end date of the program is not specified in Resolution No. 961, but the program will end as soon as the funds allocated for its implementation run out. The resolution comes into force on August 22, 2017.

New conditions of the Mortgage Borrower Assistance Program 2017-2018

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

In 2015, the Government of the Russian Federation adopted a program to support mortgage borrowers who find themselves in difficult life situation. This program assistance to mortgage holders prematurely ceased to exist in March 2017 due to the expenditure of 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 conditions of the program have changed significantly.

For reference. Regulatory document, regulating the procedure for providing assistance is the Decree of the Government of the Russian Federation dated April 20, 2015 N 373 (with amendments and additions in force in 2017) “On the main conditions for the implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and increasing the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending".

The new conditions of the assistance program for mortgage borrowers, effective in 2018, were approved by Decree of the Government of the Russian Federation dated August 11, 2017 N 961 “On the further implementation of the assistance program for certain categories of borrowers for residential mortgage loans (loans) who find themselves in a difficult financial situation” (came into force 08/21/2017).

Now we will take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.

The joint stock company “Agency for Housing Mortgage Lending” deals with issues of providing assistance in the event of difficulties in repaying mortgage loans.

Assistance is provided in the form of loan restructuring. In this case, restructuring can be carried out both by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded credit agreement (loan agreement), and by concluding a new credit agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan. To conclude debt restructuring, the borrower must submit an application to the credit institution.

Maximum support amount

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

At the same time, the interdepartmental commission for making decisions on compensation to creditors (lenders) 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 to the joint-stock company "Housing Mortgage Lending Agency" for residential mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part thereof) resulting from the restructuring of residential 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) based on the corresponding application of the creditor to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulations on the interdepartmental commission.

Duration of the program

Despite the fact that the new edition does not establish specific terms for the program, it is assumed that the program will end after all allocated additional funds have been spent (2 billion rubles).

Conditions for providing support to mortgage borrowers

Now let's figure out who can get help. In accordance with current legislation Citizens can count on help with mortgage difficulties subject to simultaneous following conditions (listed below):

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

Condition 2 - change in the financial situation of the borrower (joint and several debtors).

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

New condition. At the same time, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, increased no less than 30 percent compared to the size of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement).

Thus, Despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition of increasing the monthly payment by 30% suggests that this program will be able to benefit mainly from citizens who have taken out a mortgage in foreign currency.

Condition 3 – location of the property and official registration of the mortgage.

According to current requirements the object must be located on the territory of Russia, and must also be registered as collateral. Read about the procedure for applying for a mortgage in the article at the link.

Condition 4 – requirements for room area.

Assistance is provided if residential premises, including residential premises, the right of claim to which arises from the contract equity participation 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. Condition on the minimum cost of 1 sq. meters total area excluded.

Condition 5 – the only housing.

Assistance is provided only if there is only one place to live. In this case, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent.

Important. Compliance with these conditions is confirmed by a simple written statement from the borrower. The borrower is not required to provide information from the Unified State Register of Real Estate. Joint Stock Company "Housing Mortgage Lending Agency" verifies the information provided by the borrower in accordance with this subparagraph.

Condition 6 – term for concluding 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, except for cases where the mortgage loan (loan) was provided for the purpose of full repayment of the debt on the housing mortgage loan (loan) provided at least 12 months before the date the borrower submits the restructuring application.

New exceptions. Clause 9 of the new Conditions of the program (as amended by Decree of the Government of the Russian Federation dated August 11, 2017 N 961) stipulates that in the event of non-compliance with no more than two conditions provided for in clause 8 of this document, payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner provided for by the regulations 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:

  1. change in loan currency from foreign currency to Russian rubles at a rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency);
  2. setting the lending rate not higher than 11.5 percent per annum(for credits (loans) denominated in foreign currency) or not higher than the rate in effect on the date of conclusion of the restructuring agreement (for credits (loans) denominated in Russian rubles);
  3. reduction of the borrower's monetary obligations(joint and several debtors) in an amount not less than the maximum amount of compensation due to a one-time forgiveness of part of the credit (loan) amount and (or) changing the currency of the credit (loan) from foreign currency to Russian rubles at a rate lower than the rate of the corresponding currency established by the Central Bank of the Russian Federation on date of conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
  4. exemption of the borrower (joint and several debtors) from paying a penalty accrued under the terms of the credit agreement (loan agreement), with the exception of the penalty 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?

The main banks of the Russian Federation accept documents to provide assistance to borrowers within the framework of the state program. These include:

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

Let us remind you that in order to obtain a restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself will contact the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are met in the application to the bank, it would not be out of place to refer to Decree of the Government of the Russian Federation dated April 20, 2015 N 373.

Resolution of the Government of the Russian Federation N 373 in its current version can be found by following the link.

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

Transitional position

Many borrowers applied for loan restructuring at the beginning of 2017 as part of the mortgage borrower 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 considering previously submitted applications?”

The new Conditions of the program establish that if borrowers’ applications for restructuring of mortgage housing loans (loans) were received before the entry into force of the Russian Government Decree No. 961 (before August 2017), but were not satisfied, compensation for losses (part of them) to creditors ( lenders) for residential mortgage loans (loans) can be carried out in the event of a repeated application by the borrower, subject to compliance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers for residential mortgage loans (loans) who find themselves in a difficult financial situation, as amended.

Thus, To receive support, you must submit new applications with the list of documents provided by AHML JSC.

The state mortgage loan assistance program has been extended: the latest news

In 2015, a state program of assistance to mortgage borrowers was launched with the aim of helping people for whom they had actually become unbearable to fulfill their loan obligations.

The program began operating in 2016, was suspended, and 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 was not specified in the document.

Program operation algorithm

State support is provided through the Ministry of Construction of the Russian Federation through AHML. For this purpose, JSC Housing Mortgage Lending Agency allocated funds in the amount of 2 billion rubles for the purpose of compensating losses to lenders on housing mortgage loans.

AHML is a state organization with 100% state capital. Created to support banks that provide long-term loans for citizens to purchase housing.

How are AHML, the bank that issued the “problem” mortgage, and the borrower related to each other? Omitting the terms, we get the following algorithm:

  1. The bank issues a loan to the borrower from its own funds;
  2. To restore its reserves, it receives money from AHML;
  3. 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 slightly raises the interest rate on the loan and makes money on the difference in the rate.

Assistance program for mortgage borrowers, 2018 model

The 2018 model program has been greatly changed taking into account the economic situation, lower mortgage rates and the emergence of banks’ own assistance programs (refinancing and restructuring) for problem debts. Support has become more personalized.

One thing remains unchanged: the program does not provide for payment of the borrower’s debt, but only helps to reduce the monthly financial burden to a feasible level.

Who is eligible to receive government support?

Only four categories of citizens are eligible to receive state support:

  1. Parents, adoptive parents/guardians/trustees of a minor child (one or more).
  2. Persons whose dependents are citizens under 24 years of age who are undergoing full-time studies at a secondary or higher educational institution.
  3. Disabled people or citizens with disabled children.
  4. Combat veterans.
  5. In rare cases, revision of the terms of the contract is provided for other citizens at the request of executive authorities, State Duma deputies, and the Commissioner for Human Rights.

New: Reducing the interest rate on a mortgage taken out to 6% for families with 2nd and 3rd children born in the period from January 1, 2018 to December 31, 2022. Program “Family Mortgage with State Support”. AHML has already allocated money for this.

Requirements for your financial condition(both conditions are required):

  1. Three months before the date of application for assistance, the average family income per month must be less than or equal to two sizes of the regional subsistence minimum.
  2. The minimum mortgage payment has increased by 30% or more compared to the monthly payment determined at the time of concluding the loan agreement.

In essence, 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 increase by 30%. And with the jumping dollar and euro exchange rates, this is possible.

Limitations on the area of ​​mortgage housing for the purposes of receiving assistance:

  • 1-room apartment – ​​45 m2;
  • 2-room apartment – ​​65 m2;
  • 3-room apartment and other multi-room housing – 85 m2.

If the collateral housing is larger, the bank will simply advise you to sell it and buy an apartment of a smaller area.

Price 1 sq.m. collateral housing should not be higher than 60% of the market price of 1 sq.m. typical housing on the market (current data on the regional market is taken for calculation).

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 refused. But space restrictions do not apply to families with three or more children.

Additional terms:

  1. 1. The borrower is a citizen of the Russian Federation;
  2. The mortgage was issued at least a year ago;
  3. The mortgaged housing is located on the territory of the Russian Federation and must be the only one for the borrower (it is possible to have one more housing, but provided that the joint share of the mortgagor and his family members is not higher than 50% of this property).

To get help, you need to contact the bank where the mortgage was issued. The bank must be included in the AHML list.

Latest news: AHML has been renamed JSC Dom.RF.

What help can be provided?

  1. Replacing a foreign currency loan with a ruble loan. The new loan rate should not be higher than for existing mortgage loans offered to banks at the time of renewal of the agreement, and not higher than 11.5%.
  2. Reducing obligations 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 mortgage assistance program can (but is difficult!) be doubled 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 if it is issued under 2 points of 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 necessary documents, which you need to collect before going to the bank:

  • Passport of a citizen of the Russian Federation;
  • completed application form; (can be filled out using the form found on the bank’s website);
  • loan agreement;
  • birth certificate of children (minors);
  • combat veteran certificate;
  • documents on solvency for the last three months;
  • work book (original for the unemployed and a copy for the employed);
  • a certificate stating that the child is a full-time student;
  • decision of the guardianship authorities and court order (for guardians and adoptive parents of minors);
  • certificate of state registration of the property;
  • certificate of medical and social examination (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 to do if you do not qualify for the program, but need help?

Let us repeat that in practice, only borrowers who have taken out a mortgage in foreign currency can count on receiving assistance from the state. For the rest there is a high percentage of refusals.

What should other borrowers who also find themselves in a difficult situation do?

Banks offer their own options for restructuring/refinancing, mortgage loans without the participation of AHML.

According to forecasts by Dom.RF JSC, average mortgage rates will be about 8% by the end of 2018, and a rate of 7% is “a one- to two-year perspective.”

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT FURTHER IMPLEMENTATION

IN A DIFFICULT FINANCIAL SITUATION

The Government of the Russian Federation decides:

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

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

before September 1, 2017, create an interdepartmental commission to make decisions on compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities" for residential mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint stock company "House Mortgage Lending Agency" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part of them) arising as a result of the restructuring of housing mortgage loans (loans) in accordance with the terms of the assistance program for certain categories of borrowers for housing 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;

send to the joint stock company "Housing Mortgage Lending Agency" 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 "Housing Mortgage Lending Agency " for the purpose of compensation for losses (part of them) to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and the joint stock company "Housing Mortgage Lending Agency" for residential mortgage loans (loans), the rights of claim for which were acquired by this company, in the event that these mortgage housing loans (loans) are restructured in accordance with the terms of the assistance program for certain categories of borrowers for residential mortgage loans (loans) that find themselves in a difficult financial situation.

3. The Federal Agency for State Property Management shall ensure, in the prescribed manner, an increase in the authorized capital of the joint-stock company "Housing Mortgage Lending Agency" by 2 billion rubles by placing additional shares and carry out actions related to the acquisition of these shares and registration of ownership of them by the Russian Federation, 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 "Housing Mortgage Lending Agency".

4. To recommend to the joint stock company "Housing Mortgage Lending Agency" before increasing the authorized capital in accordance with paragraph three of paragraph 2 and paragraph 3 of this resolution to direct its own funds in the amount of no more than 500 million rubles to reimburse creditors (lenders) for residential mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (parts thereof) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and to allow the funds received in accordance with paragraph three of paragraph 2 of this resolution to be used to reimburse the costs of the joint-stock company "Housing Mortgage Lending Agency" incurred during the implementation of the assistance program certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, in accordance with this paragraph.

5. If borrowers’ applications for restructuring of housing 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) for housing mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "House Mortgage Lending Agency" for housing mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in the event of a repeated application by the borrower, subject to compliance with the basic conditions for the implementation of the program of assistance to certain categories of borrowers for residential mortgage loans (loans) who find themselves in a difficult financial situation, as amended by this resolution.

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

CHANGES,

WHICH ARE INTRODUCED TO THE BASIC CONDITIONS OF IMPLEMENTATION

FOR HOUSING MORTGAGE LOANS (LOANS) PROVIDED

IN A DIFFICULT FINANCIAL SITUATION

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

"Approved

Government resolution

Russian Federation

(as amended by the resolution

Government of the Russian Federation

BASIC TERMS

FOR HOUSING MORTGAGE LOANS (LOANS) PROVIDED

IN A DIFFICULT FINANCIAL SITUATION

1. The main 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 (hereinafter referred to as the program) determine the conditions for the restructuring of housing mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the conditions for compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and joint stock to the company "Housing Mortgage Lending Agency" for residential mortgage loans (loans), the rights of claim for which were acquired by this company, losses (parts thereof) arising as a result of such restructuring (hereinafter referred to as lender, borrower, compensation, restructuring, respectively).

2. Reimbursement under the program is made one-time for residential mortgage loans (loans) restructured in accordance with this document, in the manner established by the joint-stock company "Housing Mortgage Lending Agency", published on its official website on the Internet.

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

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

5. Restructuring is carried out on the basis of the creditor’s decision on the application for restructuring submitted by the borrower to the creditor (hereinafter referred to as the application for restructuring).

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

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

7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) for residential mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities” for residential mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint stock company "House Mortgage Lending Agency" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part of them) arising as a result of the restructuring of housing 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) based on the corresponding application of the creditor to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulations on the interdepartmental commission commissions.

8. Unless otherwise provided by this document, as of the date of filing the restructuring application, the following conditions must be simultaneously met:

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 are guardians (trustees) of one or more minor children;

citizens who are disabled or have disabled children;

citizens who are combat veterans;

b) change in the financial situation of the borrower (joint and several debtors) - the average monthly total income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing the application for restructuring, after deducting the amount of the planned monthly payment on the loan (loan), calculated for the date preceding date of filing the 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 in whose territory the persons whose income was taken into account in the calculation live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation 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 subclause includes the spouse of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as persons specified in paragraph five of subparagraph "a" of this paragraph, and the amount of the planned monthly payment on the loan (loan), calculated as of the date preceding the date of filing the application for restructuring, has increased by no less than by 30 percent compared to the amount of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement);

c) security for the fulfillment of the borrower's obligations under a credit agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to 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" construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the agreement 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 security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), does not exceed 45 square meters. 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 security for the fulfillment of the borrower’s obligations under the credit agreement (loan agreement), is (will be) the only housing of the mortgagor. At the same time, in the period starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing 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" on the date the borrower submits an application for restructuring, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph j. members of the mortgagor's family include the mortgagor's spouse and his minor children, including those under his guardianship or trusteeship. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower is not required to submit information from the Unified State Register of Real Estate. mortgage housing lending" checks the information provided by the borrower in accordance with this subparagraph;

f) the credit agreement (loan agreement) was concluded at least 12 months before the date the borrower submitted an application for restructuring, except for cases where the mortgage loan (loan) was provided for the purpose of full repayment of debt on a housing mortgage loan (loan) provided at least 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, payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulations on the interdepartmental commission.

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

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

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

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

d) exemption of the borrower (joint and several debtors) from paying the penalty accrued under the terms of the credit agreement (loan agreement), with the exception of the penalty 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.

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

12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency established by the Central Bank of the Russian Federation on the date of conclusion of the restructuring agreement (for credits (loans) denominated in foreign currency).

Before sending an electronic appeal to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.

1. Electronic applications within the sphere of competence of the Ministry of Construction of Russia, filled out in accordance with the attached form, are accepted for consideration.

2. An electronic appeal may contain a statement, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry ensures objective, comprehensive and timely consideration of applications. Review of electronic appeals is free of charge.

4. In accordance with Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation,” electronic appeals are registered within three days and are sent, depending on the content, to the structural divisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues the solution of which is not within the competence of the Ministry of Construction of Russia is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

5. Electronic appeal is not considered if:
- absence of the applicant’s surname and name;
- indication of an incomplete or unreliable postal address;
- the presence of obscene or offensive expressions in the text;
- presence in the text of a threat to life, health and property official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- absence of punctuation marks in the text, presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already been given a written answer on the merits in connection with previously sent appeals.

6. The response to the applicant is sent to the postal address specified when filling out the form.

7. When considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not permitted without his consent. Information about applicants’ personal data is stored and processed in compliance with the requirements of Russian legislation on personal data.

8. Appeals received through the site are summarized and presented to the leadership of the Ministry for information. Answers to the most frequently asked questions are periodically published in the sections “for residents” and “for specialists”

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

In 2015, the Russian government adopted a program to support mortgage borrowers who find themselves in difficult life situations. This program to assist mortgage holders prematurely ceased to exist in March 2017 due to the expenditure of 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 decided to provide additional funding for this program and in accordance with Government Resolution No. 1175 dated October 3, 2018 " "On the further implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation", an additional amount of 731 million rubles was allocated.

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

Now we will take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.

The joint stock company DOM.RF (previously this company was called the Agency for Housing Mortgage Lending) deals with issues of providing assistance in the event of difficulties when paying off mortgage loans.

Assistance is provided in the form of loan restructuring. In this case, restructuring can be carried out both by concluding an agreement between the creditor and the borrower (joint and several debtors) to change the terms of a previously concluded credit agreement (loan agreement), and by concluding a new credit agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan. To conclude debt restructuring, the borrower must submit an application to the credit institution.

Maximum support amount

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

At the same time, the interdepartmental commission for making decisions on compensation to creditors (lenders) 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 to the joint stock company "DOM.RF" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (part of them) resulting from the restructuring of housing 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) based on the corresponding application of the creditor to the interdepartmental commission may be increased, but not more than 2 times, in the manner prescribed by the regulations on the interdepartmental commission.

Duration of the program

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

Important. An application for the need for restructuring in accordance with the assistance program must be submitted before December 1, 2018.

Conditions for providing support to mortgage borrowers

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

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

Condition 2 - change in the financial situation of the borrower (joint and several debtors).

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

New condition. At the same time, the average monthly total income of the family of the borrower (joint and several debtors) in the calculation period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and members of his family and the amount of the planned monthly payment on the credit (loan), calculated on the date preceding the date of filing the application for restructuring, increased no less than 30 percent compared to the size of the planned monthly payment calculated on the date of conclusion of the credit agreement (loan agreement).

Thus, Despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition of increasing the monthly payment by 30% suggests that this program will be able to benefit mainly from citizens who have taken out a mortgage in foreign currency.

Condition 3 – location of the property and official registration of the mortgage.

According to current requirements, the object must be located on the territory of Russia, and must also be registered as collateral. Read about the procedure for applying for a mortgage in the article at the link.

Condition 4 – requirements for room area.

Assistance is provided if the residential premises, including residential premises, the right of claim to which arises from the share 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. Condition on the minimum cost of 1 sq. meters of total area is excluded.

Condition 5 – the only housing.

Assistance is provided only if there is only one place to live. In this case, it is allowed to have a total share of the mortgagor and his family members in the ownership of no more than 1 other residential premises in the amount of no more than 50 percent.

Important. Compliance with these conditions is confirmed by a simple written statement from the borrower. The borrower is not required to provide information from the Unified State Register of Real Estate. Joint Stock Company "Housing Mortgage Lending Agency" verifies the information provided by the borrower in accordance with this subparagraph.

Condition 6 – term for concluding 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, except for cases where the mortgage loan (loan) was provided for the purpose of full repayment of the debt on the housing mortgage loan (loan) provided at least 12 months before the date the borrower submits the restructuring application.

New exceptions. Clause 9 of the new Conditions of the program (as amended by Decree of the Government of the Russian Federation dated August 11, 2017 N 961) stipulates that in the event of non-compliance with no more than two conditions provided for in clause 8 of this document, payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner provided for by the regulations 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:

Which banks provide assistance to mortgage borrowers?

The main banks of the Russian Federation accept documents to provide assistance to borrowers within the framework of the state program. These include:

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

Let us remind you that in order to obtain a restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself will contact the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are met in the application to the bank, it would not be out of place to refer to Decree of the Government of the Russian Federation dated April 20, 2015 N 373.

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

To receive support, you must submit to the bank from which the mortgage loan was obtained an application with a list of documents provided by JSC AHML (DOM.RF).