Extension of the new program to help mortgage borrowers. 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 Government Decree


Good afternoon.
On August 25, 2017, I applied to the branch of Sberbank of Russia at the address: Mytishchi, Novomytishchisky Prospekt, 5k1 to submit documents for refinancing the existing mortgage (Agreement No. 28323 dated February 5, 2016) under the Assistance Program for Mortgage Borrowers according to the Decree of the Government of the Russian Federation dated August 11, 2017 . No. 961.

I submitted a package of documents, my application was registered, but according to a bank employee, this program is intended for foreign currency mortgagers and in a month I will receive a written refusal.

After reviewing the information on dom.rf on this program and checking with the AHML operator, I come to the conclusion that this program is for all categories of mortgage borrowers. According to information from the website dom.rf, the Ministry of Construction and Housing and Communal Services of the Russian Federation will form a special interdepartmental commission by September 1, 2017. The powers of the created commission will include deciding on the possibility of the borrower participating in the assistance program, in the event of a discrepancy between the situation on the mortgage loan under consideration and no more than two requirements of the main conditions of the program, as well as increasing, at the request of the creditor bank, the amount of assistance provided, but not more than 2 times.

My financial situation has changed since 02/05/2016 (date of receiving a mortgage loan). My wife went on maternity leave and we became a large family. I work alone. As far as I understand, my family can participate in this program and we pass all the criteria, and even if we don’t pass some criteria, the documents must be considered by a special interdepartmental commission (I wrote about it above).

Please explain the procedure for considering my application dated August 25, 2017, and how should the documents get to the interdepartmental commission in case of non-compliance with the terms of the program?

06.09.2017 11:20

I wrote an application from the Sberbank website for a reduction in the mortgage interest rate due to changes in rates of the Central Bank of the Russian Federation and a new addition to the family, as a result of the worsening financial situation. The application was considered for approximately 1.5 months. As a result, the rate was reduced from 13.25% to 12%. If you calculate for the entire period approximately 95,000 rubles. savings. I would like to thank the employees and management of Sberbank for their understanding and fairly prompt resolution of my issue.

I would like to note that other banks do not refinance their own loans, and even though the rates are below 12% (in other banks when refinancing a mortgage from a third-party bank), submitting documents requires time and financial costs for appraising the apartment, etc. Those. in fact, you will get approximately the same difference between the interest rate of 12% and 10-11% in another bank. Thanks again.

Relevance of the article: March 2019

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

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

The Agency for Housing Mortgage Lending (AHML) can provide assistance to the borrower..

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

Due to the crisis, many borrowers lost their solvency to 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, Resolution No. 373 of April 24, 2005 was issued. and the Housing Mortgage Insurance Agency was created.

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 provide assistance to borrowers; subsequently (11/24/2016) additional changes were made to the program.

Acceptance of applications from those wishing to participate in the program closed on March 7, 2017. This is due to the fact that the financial resources allocated for assistance have been spent.

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

This is primarily due to the fact that most clients who took out a housing loan were left in a difficult situation and could not cope with payments without government assistance.

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

In addition, the state will 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 out a mortgage loan can count on:

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

New program: its essence and goals

The new program to support borrowers gives priority to special conditions for loans taken in foreign currency.

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

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

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

  1. First, the size of the monthly mortgage loan payment has increased by no less than 30 percent compared to the size of the planned monthly payment calculated on the date of conclusion of the loan agreement.
  2. The second condition is the following: three months before the proposed restructuring, the income for each family member must be less than two subsistence minimums.

The updated assistance program is intended for borrowers with foreign currency mortgages.

The Government explains the decision to help borrowers who took 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 the borrower does not meet any of the required points, but it is obvious that he needs government support. Such cases will be considered on the basis of an application from 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 everyone must be less than two subsistence minimums, and calculations are made in three months;
  3. Housing must be purchased in Russia.

Conditions for real estate

An apartment issued with a mortgage loan must meet certain requirements. If at least one of them is not met upon request, a refusal will be received.

The requirements are as follows:

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

There are also restrictions on the area of ​​the apartment.

For a one-room unit the limit is set to 45 square metres, a two-room accommodation cannot be more than 65 square metres, and a three-room accommodation cannot exceed 85 square metres.

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

List of documents for participation

If the borrower decides to seek help from AHML and renegotiate 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 overdue debts are dealt with, 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 could be a job loss 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 your last name, a corresponding document is also required;
  6. Certificate of a military veteran, if the citizen belongs to this category;
  7. Documents confirming the status of a disabled person (if available);
  8. The dependent presents a birth certificate;
  9. Dependents bring a certificate from the university confirming completion of training;
  10. Certificate of family composition;
  11. Notice from the pension fund that there is no independent income;
  12. A copy of the work record book (must be certified);
  13. For individual entrepreneurs - certificate;
  14. Certificate of employment (for law enforcement officials);
  15. A document confirming registration with the employment center and a work book, this applies to unemployed persons;
  16. Certificate in form 2-NDFL from the borrower, as well as his family members;
  17. Certificate from the Federal Social Insurance Fund of the Russian Federation about the assigned benefits and other payments;
  18. A document issued by a pension fund about the status of a personal account. This is a binding document for everyone;
  19. Certificate of joint family income in the form of a bank;
  20. Pensioners provide a certificate of pension amount;
  21. Confirmation of patents and tax returns;
  22. Application from 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 for housing under construction, then a share participation agreement is provided;
  26. Technical and cadastral passport for housing.

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

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

Terms and maximum amount of support

Resolution No. 961 does not indicate the period for the implementation of the program; it will end when the funds allocated to help borrowers completely dry up.

If previously 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 bank clients cope with life circumstances and benefit from government assistance.

Increasing the maximum support amount makes it much easier to pay off your mortgage.

Many borrowers who want 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 processing time for an application;
  • No requirement to disclose the reason for refusal;
  • Opacity of application review mechanisms.

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

To do this, they need to carefully study Government Resolution 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 make it easier to repay the mortgage debt.

Mortgage borrowers will be extended and 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 mortgage loan assistance program. Plus 2 billion rubles were issued.

GOVERNMENT OF ST. PETERSBURG

DECISION OF NOVEMBER 9, 2016 N 961

ABOUT THE RULES FOR IMPROVEMENT OF THE TERRITORY OF ST. PETERSBURG AND ABOUT AMENDMENTS TO SOME DECISIONS OF THE GOVERNMENT OF ST. PETERSBURG

In order to implement the Law of St. Petersburg dated December 23, 2015 N 891-180 “On improvement in St. Petersburg,” the Government of St. Petersburg decides:

1. Approve the Rules for the improvement of the territory of St. Petersburg (hereinafter referred to as the Rules).

2. Amend the Regulations on the Committee on Energy and Engineering Support, approved by Decree of the Government of St. Petersburg dated May 18, 2004 N 757 “On the Committee on Energy and Engineering Support”, adding clause 3.28-26 with the following content:

"3.28-26. Organize the improvement of the territory of St. Petersburg in terms of organizing the maintenance and repair of water devices and non-stationary toilets owned by St. Petersburg and not transferred to third parties.”

3. To amend the Decree of the Government of St. Petersburg dated October 4, 2004 N 1641 “On the amount and procedure for payment of funds constituting the replacement cost of green spaces in St. Petersburg and other improvement facilities located in the territories of public green spaces, territories of green spaces limited use, territories of green spaces of intra-block landscaping, territories of green spaces performing special functions", replacing in the title, paragraph 1 of the resolution, in the title of the Regulation on the amount and procedure for payment of funds constituting the replacement cost of green spaces in St. Petersburg and other improvement objects, located in the territories of green spaces of general use, territories of green spaces of limited use, territories of green spaces of intra-block landscaping, territories of green spaces performing special functions, approved by the specified resolution (hereinafter referred to as Regulation 1), in the preamble of Regulation 1, in paragraphs 1, 5, 6 , 7, 11 of Regulation 1, in the headings of Appendices No. 1 - 5 to Regulation 1, in the title of Appendices No. 4 and 5 to Regulation 1 the words “other improvement objects” with the words “other improvement elements”.

4. Amend the Regulations on the Committee on Urban Planning and Architecture, approved by Decree of the Government of St. Petersburg dated October 19, 2004 N 1679 “On the Committee on Urban Planning and Architecture”, adding paragraphs 3.13-2 - 3.13-4 as follows:

"3.13-2. Organize coordination of improvement projects.

3.13-3. Organize the acceptance of work on the placement of improvement elements on the facade of buildings and structures carried out during their major repairs.

3.13-4. Issue a color form."

5. To amend the Regulations on the procedure for the creation and maintenance of burial places and the activities of cemeteries in St. Petersburg, approved by Decree of the Government of St. Petersburg dated 03/07/2006 N 210 “On the organization of funeral business in St. Petersburg”, supplementing it with paragraph 1.6 with the following content :

6. Amend the Rules for the maintenance and repair of facades of buildings and structures in St. Petersburg, approved by Decree of the Government of St. Petersburg dated September 14, 2006 N 1135 (hereinafter referred to as the Rules), excluding subsections 1.1, 1.2, 1.3, 1.4, 1.5, paragraphs 1.6 .1, 1.6.2, subsections 1.8, 2.1.1, 2.1.2, 3.1.2, 4.1.2, 4-1.1.3, section 5, paragraph 6.1.3 and appendices No. 1 and 3 to the Rules.

7. Amend the Decree of the Government of St. Petersburg dated June 20, 2008 N 743 “On the Procedure for felling and (or) replanting, as well as any other lawful damage or destruction of green spaces in St. Petersburg”, replacing in paragraph four of clause 1.6 of the appendix to resolving the words “improvement objects” with the words “elements of improvement”.

8. Introduce the following changes to the Regulations on the Administration of the District of St. Petersburg, approved by Decree of the Government of St. Petersburg dated August 26, 2008 1078 “On the Administrations of the Districts of St. Petersburg” (hereinafter referred to as Regulation 2):

8.1. Clause 2.4.3 of Regulation 2, after the words “legislation of St. Petersburg on landscaping,” add the words “contents and.”

8.2. Clauses 3.4.65, 3.4.66, 3.4.70 of Provision 2 shall be deleted.

8.3. Add Regulation 2 with paragraph 3.4.67-1 as follows:

"3.4.67-1. Organize the improvement of the territory of St. Petersburg in terms of ensuring the identification of unauthorizedly placed landscaping elements on land plots located on the territory of the district that are in state ownership of St. Petersburg and (or) state ownership for which is not demarcated, if the territory, land plot is not are in the possession of third parties and their content does not fall within the powers of the executive bodies of state power of St. Petersburg or local government bodies.”

8.4. Clause 3.4.68 of Regulation 2 should be stated as follows:

"3.4.68. Organize the improvement of the territory of St. Petersburg in terms of ensuring measures to suppress the formation of unauthorized waste dumps, liquidation of unauthorized waste dumps in the region in accordance with targeted programs.”

8.5. Add Regulation 2 with paragraph 3.4.85-1 as follows:

"3.4.85-1. Organize the improvement of the territory of St. Petersburg in terms of ensuring the maintenance of beaches located in the area and not in the possession of third parties, in accordance with the list approved by the Government of St. Petersburg.”

8.6. Clause 3.8.2-1 of Regulation 2 shall be stated as follows:

"3.8.2-1. It is illegal to dispose of land plots located on the territory of the district that are in the state ownership of St. Petersburg and (or) state ownership of which is not demarcated, in terms of taking actions to free these land plots from movable property (including landscaping elements) of third parties using land plots (including dismantling, storage, return to the right holder), with the exception of actions to free land plots from movable property of persons illegally using land plots, to whom these land plots were provided in the manner prescribed by law or were used by them in the manner prescribed by law without provision of land plots, as well as land plots provided for the construction, reconstruction of capital construction projects or work to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation.”

9. Introduce the following changes to the Decree of the Government of St. Petersburg dated June 29, 2010 N 836 “On measures to improve public administration in the field of improvement and road management”:

9.1. Clause 3.50 of the Regulations on the Committee for the Improvement of St. Petersburg, approved by the said resolution (hereinafter referred to as Regulation 3), should be stated as follows:

“3.50. Organize the improvement of the territory of St. Petersburg in terms of ensuring the installation, repair and maintenance of street clocks owned by St. Petersburg.”

9.2. Add Regulation 3 with paragraph 3.82-7 as follows:

"3.82-7. Organize the improvement of the territory of St. Petersburg in terms of ensuring the identification of unauthorizedly placed elements of improvement in the territories, the content of which falls within the powers of the Committee.”

9.3. Supplement the Regulations on the Committee for the Development of Transport Infrastructure of St. Petersburg, approved by the said resolution, with paragraph 3.20 as follows:

“3.20. Organize the improvement of the territory of St. Petersburg in terms of ensuring the identification of unauthorizedly placed elements of improvement in the territories, the content of which falls within the powers of the Committee.”

10. To the Committee for the Improvement of St. Petersburg:

10.1. Within three months, prepare a draft order of the Government of St. Petersburg on amending the order of the Government of St. Petersburg dated April 20, 2016 N 27-rp “On approval of the Regulations on the procedure for interaction between executive bodies of state power of St. Petersburg when releasing land plots from movable property of persons illegally using land plots” in order to bring it into compliance with the Rules.

10.2. Within three months, together with the administrations of the districts of St. Petersburg, prepare a decree of the Government of St. Petersburg on approval of the list of beaches in St. Petersburg.

11. To the administrations of the districts of St. Petersburg:

11.1. Within a month, identify the locations of unauthorized waste dumps, indicating the area of ​​these territories.

11.2. Within a month after the approval of the budget of St. Petersburg, in order to implement the powers, develop and approve targeted programs for the elimination of identified unauthorized waste dumps, to suppress the formation of unauthorized waste dumps within the framework of the allocated funding.

12. Committee on Urban Planning and Architecture:

12.1. Within six months, develop administrative regulations for the provision of public services in accordance with paragraph 4 of the resolution.

12.2. Within two months, prepare and approve the requirements for the electronic form of the project for the improvement of landscaping elements and the approval sheet.

13. The executive bodies of state power of St. Petersburg responsible for the implementation of the Rules must, within three months, bring their regulatory legal acts into compliance with the Rules.

14. The executive bodies of state power of St. Petersburg, who are responsible executors of state programs of St. Petersburg, must, within six months, ensure the submission for consideration of the Government of St. Petersburg of draft resolutions of the Government of St. Petersburg on amendments to the relevant state programs of St. Petersburg in accordance with the Rules based on proposals from co-executors.

15. To recognize as invalid:

Order of the Administration of St. Petersburg dated September 23, 2002 N 1784-“On measures to strengthen control over the state of external improvement of St. Petersburg”;

Decree of the Government of St. Petersburg dated 02.22.2007 N 192 “On introducing amendments to the order of the Administration of St. Petersburg dated 09.23.2002 N 1784-ra”;

Decree of the Government of St. Petersburg dated October 16, 2007 N 1334 “On approval of the Rules for cleaning, ensuring cleanliness and order in the territory of St. Petersburg”;

Decree of the Government of St. Petersburg dated April 11, 2011 N 442 “On amendments to the Decree of the Government of St. Petersburg dated October 16, 2007 N 1334”;

paragraph 6 of the Decree of the Government of St. Petersburg dated November 9, 2011 N 1546 “On amendments to certain resolutions of the Government of St. Petersburg”;

paragraphs 2 - 2.3 of the resolution of the Government of St. Petersburg dated 02/15/2012 N136 “On amendments to the resolutions of the Government of St. Petersburg dated 04/28/2004 N 649, dated 10/16/2007 N 1334, dated 08/26/2008 N 1078”;

paragraph 6 of the Decree of the Government of St. Petersburg dated September 27, 2012 N 1044 “On amendments to certain resolutions of the Government of St. Petersburg”;

paragraph 1 of the Decree of the Government of St. Petersburg dated October 7, 2014 N 939 “On amendments to the resolutions of the Government of St. Petersburg dated October 16, 2007 N 1334, dated August 26, 2008 N 1078”;

Decree of the Government of St. Petersburg dated October 26, 2015 N 953 “On amendments to the Decree of the Government of St. Petersburg dated October 16, 2007 N 1334.”

16. The resolution comes into force on January 1, 2017, with the exception of paragraphs 10 - 12 and 14 of the resolution, which come into force from the date of official publication of the resolution.

17. Entrust control over the implementation of the resolution to the Vice-Governor of St. Petersburg Albin I.N. and Vice-Governor of St. Petersburg Bondarenko N.L. according to the questions.

Governor of St. Petersburg G.S. Poltavchenko

Hello! I know that since August 11, 2017, by Decree of the Russian Federation No. 961, the possibility of restructuring a mortgage loan (well, help from the state) has been introduced. I called the bank and they said, sorry, we don’t have any orders from Moscow yet. Do they have the right to refuse my application to restructure my mortgage?

Lawyer Antonov A.P.

Hello. They do not have the right not to accept the application (refuse to accept the application), but they do have the right to satisfy your request or not. Indeed, by Decree of the Government of the Russian Federation dated August 11, 2017 No. 961 “On the further implementation of the assistance program for certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation” on August 14, 2017, changes were made to the basic conditions for the implementation of the assistance program for individual 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 dated April 20, 2015 No. 373 “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". The program itself is provided for certain categories of borrowers for housing mortgage loans (loans), that is, for those who find themselves in a difficult financial situation, which must be documented and fall within the criteria of this program.

In particular, 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 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 loan payment, 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 minimum subsistence level 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) securing 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 No. 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 subclause, family members of the mortgagor include the spouse of the mortgagor and his minor children, including those under his guardianship or trusteeship. 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;

f) the credit agreement (loan 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 debt on a housing mortgage loan (loan) provided at least than 12 months before the date the borrower submits the restructuring application.

The changes will make it possible to restructure at least 1.3 thousand loans (loans).

Sincerely, lawyer Anatoly Antonov.

Decree of the Government of the Russian Federation dated August 11, 2017 N 961 “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”

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT FURTHER IMPLEMENTATION

FOR HOUSING MORTGAGE LOANS (LOANS) PROVIDED

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 clause 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 thereof) to creditors (lenders) for housing mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal