Encumbrance - what is it? Withdrawal of encumbrances on mortgages. Sale with encumbrance

Today, the notion of "encumbrance" is increasingly encountered. What does this mean? In simple words, it is a kind of arrest of property or real estate. Based on the contract, certain restrictions are introduced that do not allow you to fully own this or that property. It should be noted that the encumbrance can appear independently of the owner, for example, the arrest by the bank, and maybe at its will - the pledge of an apartment or house. In any case, there are restrictions that prevent the conclusion of transactions, sign contracts, etc.

Types of encumbrances

There are several. The most common is bail or arrest. The first kind is carried out with the consent of the owner, for example, it is necessary to pay off the debt, and the apartment is given on bail. As for the arrest, this is a compulsory measure, and the further development of events depends on the decision of the court, as a result of which the property or real estate can be fully or partially confiscated or returned with imposition of a fine, etc.

Another type of encumbrance is rent, or rather, the right to use property for a period of more than one year. Trust management (DU), which includes guardianship or guardianship, also refers to one of the types of arrest. There are other encumbrances that are imposed on the property according to the laws.

There is one interesting point that few people pay attention to: when the property passes to another person, all encumbrances remain, that is, the current owner must pay the debts. It is for this simple reason that when making a transaction you must know whether everything is in order in this respect. If there is an encumbrance on the apartment, then this is an occasion to reflect. Let's see in more detail.

Withdrawal of encumbrances on mortgages

This procedure is performed only after the borrower has fulfilled the requirements of the contract and fully repays the loan for the apartment. It is worth noting that often the process is delayed for a long time, and a person gets a lot of trouble. One thing is unclear: why can you take a loan in a bank relatively quickly, but the removal of the burden on the mortgage lasts much longer? In order not to overpay and not apply to lawyers, do it yourself. To do this, you need to fully repay the loan and immediately ask the bank for a letter that you have fulfilled the terms of the contract. In addition, an extract from the loan account must be attached to the effect that the mortgage has been fully paid off. The encumbrance will soon be lifted. Do not worry if the documents will be prepared for more than one week (but not more than two), as this procedure requires. Next, you collect the necessary package of documents, with which you need to go to the Rosreestr in order for you to remove the encumbrance. It includes the following securities:

• Documents for an apartment, house, etc.
• Mortgage (kept in the bank).
• Document confirming the performance of the contract (get it in the bank).
• Application for the removal of encumbrances.
• A passport and a receipt for the payment of taxes.

What is a sale with encumbrance?

As mentioned above, before you buy something, you should carefully examine all the documents, for example, on the existence of debts, etc. Of course, there are special rules of use that impose restrictions on encumbrances on this or that property. This is the same lease, which, although it does not prohibit the conclusion of transactions for the sale of real estate, but makes some adjustments to the relevant agreement. If, for example, the owner has sold an apartment that he gives to a third person, then the new owner undertakes to fulfill all the terms of the contract.

There is still such a thing as easement. In fact, this is the right to a land plot, which is limited by the contract. For example, you can build part of the communications or roads on the site of your neighbor. Just like renting, easement does not lose its power if the land passes from one person to another.

You have already sorted out the concept of "encumbrance" a little. We described this in detail. In principle, almost always it only applies to real estate. And now let's talk about trust management. Here, too, have their own characteristics, which must be taken into account.

Right of trust management

DM allows the trustee to make various transactions and enter into contracts (except for the sale of property). For this, the owner draws up a contract, according to which a person can use his property. And now a few words about the encumbrance of the DM. The main one is a pledge. The main purpose of such encumbrance is repayment of the loan. If the borrower does not return the debt on time, the property rights are transferred to the mortgagor. Please note that cancellation of encumbrance of this kind is possible only after full or partial repayment of the debt.

Also to the section of the DM is the arrest - this is a ban on the conclusion of any contracts or transactions. In this case, as noted above, everything is decided by the court. Moreover, the owner, for example, of the arrested house, must keep it safe until a court decision is rendered.

Undoubtedly, there are other diverse restrictions that are imposed by the state. A striking example of this is the encumbrance in the use of property for which taxes have not been paid, in other words, which is in arrears to the state.

Features of the contract with encumbrance

The conclusion of this kind of transaction has several significant nuances. The fact is that the limited rights of the owner must necessarily be taken into account when drafting the contract. As practice shows, most often in the form of encumbrance is a mortgage. If a person for any reason can not independently pay off the debt, then he puts the property on sale. The following situation is obtained. The buyer must pay a certain amount, which is set by the owner, and the remainder of the debt. Of course, in this case, a contract with encumbrance is necessarily concluded. In order for the transaction to be successful, you will need to obtain the consent of the bank in which you took the mortgage. If it is a question of concluding a transaction between an individual and a legal entity, it is also necessary to draw up a special agreement. In this case, the property rights are transferred to another person according to the terms specified in the securities. Another important point is that sellers do not always provide all the restrictions (debts, etc.). In order not to fall into the trap, contact with the corresponding application to Rosreestr and get a certificate containing all the necessary information about the purchased property.

What should I look for when buying or selling property?

If you buy a house or apartment, do not be lazy and take a certificate of the Unified State Register of Enterprises. In spite of the fact that this service will cost money, you will receive as much as possible full and detailed information on what restrictions there are on this property. Pay attention to the fact that, perhaps, the purchased apartment is in rent. In this case, her tenant will remain there until the date specified in the contract, provided that such a one was drawn up. Nevertheless, the tenant himself does not take any part in the process, for him everything remains the same as it was. The same applies to the cost of living.

Some countries have their own nuances. For example, in Germany, the tenant must give his consent to view the apartment in which he is located. It is also customary to offer a tenant to buy a home and give him some time (up to 60 days) to meditate.

As you can see, everything is quite simple here. If you are afraid to do something wrong, then it is advisable to contact experienced lawyers who deal with real estate issues. For a fee you will get all the information you need to know. The contracts will be drawn up competently, and in the future there will be no questions.

A few important points

Many sellers and buyers forget that there can be a co-owner. For example, one of the spouses bought an apartment, even if completely for his money, and in this case the property will be considered common. Of course, when buying or selling a contract is drawn up, which specifies the owners. Even if one of the spouses is missing in the papers, the decision is made by mutual agreement. If you buy an apartment, then the contract must be signed by both spouses. In principle, this rule should not be forgotten both for sellers and buyers.

It has not yet been said about this kind of encumbrance, like hiring. From a legal point of view, this is something like a lease. A tenant of an apartment or a house receives housing not only for temporary use, but also at disposal. If the lease period is more than one year, a special agreement is drawn up. In the future, the tenant is able to sublet the apartment. But this event is accompanied by registration, which almost completely eliminates any fraud. Agree, the ambiguous nature is burdensome. What is this concept, we already know, but now let's consider whether this restriction is necessary and when.

Encumbrance: good or bad?

It is difficult to say unequivocally. On the one hand, these are various kinds of restrictions that do not allow you to carry out any actions with property and real estate, and on the other - this is the only working method to protect the house or apartment from scammers. Of course, the existence of contracts is limited in this or that plan, but this is a guarantee of the fulfillment of its obligations, for example, payment of a mortgage, debt. Sometimes the owner can impose an encumbrance on his property. Most often this is an arrest, which completely blocks any actions (buying, selling, renting, etc.). Such measures are taken when attempting to seize property by intruders. After imposing the arrest on the apartment, the owner will ensure its security until the circumstances are clarified.

Use of real estate with restrictions

If you are the owner of an apartment with encumbrance, this does not mean that you can not use it for earnings, that is, to rent out. In most cases, alienation of property (its sale) is forbidden, but use is usually allowed, which we are actually talking about. It is enough to coordinate actions with the pledgee and get his written consent. As has been repeatedly noted above, you can even sell such property, but a special procedure is provided for this. We have already dealt with the concept of "encumbrance", what this concept implies. Still need to know that for the transfer of property under restriction, many state organizations are involved: courts, banks, guardianship authorities, etc.

Do not forget about the important rules

I would also like to say that there are situations when citizens live in the apartment, which are registered there, but do not own it. It is not recommended to purchase such property, because, as practice shows, tenants are not evicted far away, then we have to get it through the court. If the incompetent or underage citizens live in the apartment, then you need to contact the guardianship authorities, since without their consent it will be impossible to conduct the transaction. It is very risky to acquire property on rent, since such contracts are sometimes ambiguous and contain a lot of small nuances. It is recommended to first learn how to remove the encumbrance, and only then buy or sell housing.

Conclusion

So we figured out the question that interests you. As you can see, not everything is as simple as it might seem at first glance. This is due to the fact that there are several types of encumbrances, each of them has its own character, and that is why it is important to take absolutely all the details into account. If you buy property, then carefully read the contract, visit Rosreestr, in general, do everything in order to make sure of the "cleanliness" of the property. If you are a seller, then specify in the contract all the encumbrances imposed on the apartment, as their concealment can be fraught with negative consequences.