I don't want to put in debt, but without making a mortgage to buy an apartment to many not by pocket. For various reasons, borrowers often have problems with. Large debt in turn can lead citizens to bankruptcy.
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The main causes of bankruptcy
Mortgage loans are usually distinguished by a large amount and long repayment. During the payment of the loan, life circumstances often change not for the better. A person can lose their job, get disability, seriously sick, divorce. In general, many different reasons lead to the appearance of financial problems from the borrower.
If the period of delay and the amount of debt are small, then the banks often go to the debtor, offering other conditions for repayment of debt, it. When forming a large amount of debt, it may be question about.
At the same time, since 2015, the ability to introduce bankruptcy procedures for citizens-debtors. They are used if the following circumstances are:
- the inability to meet the requirements of all creditors on monetary obligations or obligatory payments;
- the amount of obligations is 500,000 rubles;
- professional payment for obligations for more than three months.
You can bankrupt and in cases where the debtor is obvious that he will not be able to fulfill all the obligations they have in due time. At the same time, the applicant should have signs of insolvency. The bankruptcy of the mortgage borrower is possible in the presence of these signs.
What are debt situations
Not in all cases of debt on a mortgage loan it is advisable to initiate its bankruptcy. Many hope that with the help of this procedure they will be able to write off part of the debts and maintain their apartment. Such confidence is explained by the fact that under the Code of Civil Procedure of the Russian Federation, the only housing cannot be withdrawn into account of debt repayment.
However, with mortgage housing, everything is somewhat different. Mortgage implies a pledge of real estate (apartments, houses, land). It is designed to ensure the fulfillment of the obligations of the debtor, and in case of failure to cover the creditor's losses. And the Bankruptcy Law, and Mortgage (Mortgage Act) admit even an apartment that is the only place to stay with bidding.
Therefore, the decision to recognize its insolvency should be taken on the basis of existing circumstances, the amount of debt. At first, it is recommended to take attempts to a peaceful solution to the dispute with the bank, for example, to agree on the debt restructuring.
Debt balance less than the cost of the apartment
If the amount of debt does not exceed the cost of the apartment, then you should not hurry with contact with the court. Consideration occupies a lot of time, and the apartment will still have to sell. Therefore, it is better to realize it yourself and repay the existing debt, without waiting until the bank accrue penalties.
Since the housing for mortgage is pledged, then on its sale you need to consent from the lender. In this situation you will stay without an apartment, but some of the money will be able to save. At the same time, you do not have to pay a penalty, carry the costs of litigation.
Debt balance more market value
If the debt is large and the cost of laid housing does not cover it, then you can act as follows. First you should contact the Bank and try to resolve the issue of debt restructuring. In the presence of temporary financial difficulties, this option is the most preferred.
Another option is the bankruptcy of individuals, a mortgage apartment will be sold to partial loan repayment. It is allowed when the borrower is aware of the impossibility of fulfilling its obligations and does not see a different exit.
Unable to negotiate with the bank
If you failed to agree with the bank on restructuring, it is not necessary to hope for a pre-trial settlement of the dispute. In this situation, you can wait until the lender will make requirements for you. But this means not only the payment of debt with percentages, but also accrued penalty. For the execution of the decision, first of all be allowed with the hammer of the apartment laid.
However, you can not wait for the claim from the bank and recognizing the borrower insolvent. The main thing is that he answers signs of insolvency and presented all the required documents to court.
If the debtor is a borrower bankrupt, then with the mortgage apartment, you will have to say goodbye. In the process of consideration of the case of insolvency, the property of the borrower is implemented. Housing, burdened mortgage, is no exception.
Step-by-step instruction
The reasons for insolvency were mentioned above, we will now understand how to recognize bankrupt in mortgage. The foundations and procedure for recognizing citizens are not established by the law "On Bankruptcy". Consideration of cases of the insolvency of citizens also deal arbitration courts.
Regardless of the cause of the occurrence of debt, the procedure for consideration of cases is the same. The following persons can initiate this procedure:
- the debtor borrower himself;
- competitive lenders;
- commissioner states organs.
In addition to the application itself, it is necessary to apply documents that justify the requirement for the recognition of the debtor insolvent. If the court establishes the validity of the presented statement, then it introduces one of the envisaged bankruptcy procedures.
Otherwise, he can leave a statement without considering or discontinue the proceedings.
Required documentation
It should be noted that the bankrupt is not so simple. The debtor will have to prepare a large package of documents confirming the validity of its requirements. These include:
Borrowers have the right to provide other papers in the substantiation of the stated requirements. If necessary, additional documents and information may be requested by the court.
If the borrower has one apartment
Unfortunately, even if there is only one apartment in the borrower, the encumbrance in the form of a pledge allows it to implement it. In cases where housing is not laid, sell it from trading to repay debts will not work.
Consequences of inconsistency in mortgage
After completion of the insolvency procedure for citizens, certain consequences are coming. Five years after the end of the case, they cannot take loans and loans without indicating the fact of their bankruptcy. In addition, during the same period, they are not entitled to submit a re-application for opening a bankruptcy case.
For several years, debtors also cannot occupy posts in the management bodies of JUR. persons, credit and insurance organizations, participate in their management.
Conclusion
mortgage obligations may be unbearable for citizens and lead to insolvency. However, it is not necessary to hope to solve the problem by recognizing yourself insolvent. When exciting the banknote case, it will not be possible to maintain the apartment.
