Citizens who are borrowers under mortgage loan agreements can independently sell such housing
CrimeaPRESS reports:
Independent sale of the pledged property is carried out by the mortgagor, an individual, by selling it to another person for subsequent repayment, using the proceeds, of obligations under a credit agreement or loan agreement, which were concluded by the mortgagor for purposes not related to his business activities, and the obligations for which are secured by a mortgage.
The mortgagor has the right at any time during the term of the credit agreement or loan agreement, but before the mortgagee applies for foreclosure on the pledged property, to send to the mortgagee an application for independent sale of the property. In the absence of restrictions, the pledgee, within ten working days from the date of receipt of the specified application, sends to the pledgor a notice of approval, in which he indicates, among other things, the volume of his claims, calculated on the day the deadline for the sale of the property by the pledgor expires, the minimum price at which the pledged property can be sold, the procedure for making payments, the start and end dates of the period of independent sale by the mortgagor of the property. A subsequent increase in the volume of claims and the minimum sale price is not allowed, except in the case of extending the period for the mortgagor’s independent sale of the property.
Cases have been identified in which the independent sale of property by the mortgagor is not allowed, in particular: the mortgagee has filed a claim to foreclose on the property pledged under the mortgage agreement, or a notary has made an execution inscription on the mortgage agreement, mortgage or agreement giving rise to mortgages by operation of law; an extrajudicial bankruptcy procedure has been initiated against the pledgor or a case has been initiated against the pledgor or pledgee to declare them insolvent (bankrupt); The application received by the pledgee is repeated, and the previous similar application was satisfied by the pledgee, but subsequently he received an application from the pledgor to refuse to independently sell the property, or the property was not sold by the pledgor within the prescribed period.
The period for the mortgagor’s independent sale of property, including state registration of the transfer of ownership and full repayment of obligations under a credit agreement or loan agreement, is four months from the date the mortgagee receives the application. From the date of receipt of the application, foreclosure on the pledged property in court or out of court is not permitted. If the independent sale of the property was refused, or the property was not sold by the pledgor within the prescribed period, or the pledgor refused to sell the property independently, the pledgee has the right to foreclose on the property.
This Federal Law comes into force ninety days after the day of its official publication.
source: Consultant Plus
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