GAZ-53 GAZ-3307 GAZ-66

Mortgage Assistance Program. Extension of the new program of assistance to mortgage borrowers What assistance can be provided

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 made to the main conditions for the implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) in a difficult financial situation, approved by Decree of the Government of the Russian Federation dated April 20, 2015 N "On the main conditions for the implementation of the assistance program certain categories of borrowers for mortgage housing loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company Agency for Housing Mortgage Lending ; 2016, N 50, item 7089; 2017, N 8, item 1245).

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

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

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

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

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

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

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

CHANGES,

WHICH ARE INCLUDED IN THE MAIN CONDITIONS OF IMPLEMENTATION

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

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

"Approved

Government Decree

Russian Federation

(as amended by the decision

Government of the Russian Federation

GENERAL TERMS

FOR HOUSING MORTGAGE CREDITS (LOANS)

IN A DIFFICULT FINANCIAL SITUATION

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

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

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

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

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

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

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

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

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

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

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

citizens who are disabled or have disabled children;

citizens who are combat veterans;

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

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

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

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

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

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

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

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

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

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

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) 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 shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.

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

02.09.2017 14:10:33

Good day! On August 22, 2017, the RUSSIAN GOVERNMENT RESOLUTION dated August 11, 2017 No. 961 "On the further implementation of the assistance program for certain categories of borrowers on mortgage housing loans (loans) who find themselves in a difficult financial situation" came into force. September 01, 2017 I applied to the add. office of JSC "Gazprombank", located in the city of Armavir, Krasnodar Territory, with a request to submit an application under the government program indicated above. At the office, they answered me that they had no orders from a higher-ranking organization and documents on this issue. I called the Krasnodar regional branch of JSC "Gazprombank". They gave me the same answer. Immediately I called the head office of this bank in Moscow. I was told that they knew about this program, but they did not have any documents or orders in this regard. Nothing can help. I called AHML, they told me that the documents are accepted by banks, please contact them. And that's it: a vicious circle. On the Sberbank website, I found all the explanations and the following phrase: "The Bank has been accepting applications from customers to participate in the Program since August 22, 2017." What does it mean? Does this program involve only Sberbank? Although Gazprombank JSC is listed fifth on the AHML website. Under the previous program, in early March 2017, I already applied to Gazprombank with a request to accept the documents, but they refused me, citing the fact that AHML had run out of money. Due to the fact that the commission, established by order of the government, considers applications from 2 to 6 months, I do not have much time and chances to get government support for this program. It may turn out that time will pass and I will be refused again. I am in a very difficult situation with two children, one of whom was born in 2015, it so happened that I am a single mother. In all respects, I qualify for consideration of my application for this government assistance. What to do and what else to do? I really hope for your help. Sincerely. Ekaterina.

Please help to submit documents to JSC "Gazprobank" in the near future under the Government Program.

Response from the editorial board of the ARB website

Dear Ekaterina Aleksandrovna, Your complaint has been sent to the bank.

The edition is valid from 22.08.2017

Type of document: REGULATION

Accepting body: GOVERNMENT OF THE RUSSIAN FEDERATION

Document number: 961

Revision date: 08/11/2017

Acceptance date: 08/11/2017

Publication: Official Internet portal of legal information www.pravo.gov.ru, 08/14/2017, N 0001201708140008

Publication: Rossiyskaya gazeta, N 182, 08/17/2017

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

To read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Government of the Russian Federation decides:

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

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

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

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

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

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

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

Prime Minister

Russian Federation

D. MEDVEDEV

CHANGES TO THE MAIN CONDITIONS OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE CREDITS (LOANS) BORROWERS IN DIFFICULT FINANCIAL SITUATION

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

MAIN CONDITIONS FOR THE IMPLEMENTATION OF THE PROGRAM OF ASSISTANCE TO CERTAIN CATEGORIES OF HOUSING MORTGAGE LOANS (LOANS) FINDING IN A DIFFICULT FINANCIAL SITUATION

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

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

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

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

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

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

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

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

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

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

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

citizens who are disabled or have disabled children;

citizens who are combat veterans;

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

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

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

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

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

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

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

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

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

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

d) exemption of the borrower (solidary debtors) from payment of the penalty accrued under the terms of the loan agreement (loan agreement), with the exception of the penalty actually paid by the borrower (solidary debtors) and (or) 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 shorten the terms of mortgage housing credits (loans) and (or) charge a commission from the borrower (solidary debtors) by the creditor for actions related to restructuring.

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

Relevance of the article: March 2019

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

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

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

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

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

Legislation

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

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

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

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

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

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

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

Goals and objectives of AHML

Citizens who have taken a mortgage loan can expect:

  1. To write off the amount in a single payment;
  2. Converting a foreign currency mortgage loan into ruble;
  3. Reduction of the mandatory amount for the payment of the monthly payment;
  4. Failure to pay mandatory payments for a certain period and postponing them to a later date.

The new program: its essence and goals

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

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

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

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

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

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

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

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

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

Requirements for the borrower

Borrowers must meet the following requirements:

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

Conditions for real estate

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

The requirements are the following:

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

There are also restrictions on the size of the apartment.

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

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

List of documents for participation

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

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

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

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

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

Terms and maximum amount of support

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

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

Advantages and disadvantages

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

Increasing the maximum support amount makes mortgage payments much easier.

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

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

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

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

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

Mortgage borrowers are being extended; an additional 2 billion rubles will be allocated. We invite you to watch the video and get additional useful information on this issue.

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