Likbez: buying an apartment in a mortgage by assignment
CrimeaPRESS reports:
When deciding to buy an apartment in a particular new residential complex, it may turn out that all the property has already been sold on the developer’s website, and it can only be issued by assignment of rights. Polina Pustyntseva, director of the TrendAgent office, talks about the main nuances of buying an apartment on a mortgage in this way in the material of the portal experts Pronovostroy.
The bank considers the acquisition of an apartment in a mortgage on an assignment as a purchase of housing under the new building program. However, the bank will issue a mortgage at its base rates, as subsidies are not applicable to such transactions. Thus, the interest rate on the assignment will be about 11-12.5% per annum, the same as in the secondary market.
The exception is family and IT mortgages, when buying an apartment under a concession in such programs, the rate will be 4-6% per annum, depending on the conditions of the bank.
There are situations on the market when the developer works with only one bank. If the residential complex is accredited by only one small bank, it is impossible to issue a mortgage in Sberbank for an apartment. You will either have to wait until the house is completed, the seller will receive the keys, register the property and then it will be possible to take a mortgage to buy an apartment in any bank, or take a mortgage in the proposed bank.
Trying to accredit the developer in other banks is a rather long and almost impossible story, because if the object is not initially accredited by the most popular banks, then there is no relationship between the developer and these banks.
At the same time, it should be noted that the buyer actually does not care in which bank he has a mortgage. The main parameter is a comfortable level of mortgage rates and insurance conditions. If the bank fails, nothing will happen to the mortgage: the mortgage obligation is simply transferred to another bank. At the same time, the loan amount, interest rate and terms are preserved. The client cannot be forced to urgently return the money.
As for the documents that are necessary for the acquisition of an apartment by assignment, the seller must always request a registered DDU. It can be registered either electronically or in paper form.
The second thing you should ask the seller is confirmation that he paid for this apartment (reconciliation act or payment for the disclosure of a letter of credit, escrow agreement or payment for the disclosure of escrow). If he talks about other documents, then everything depends on the situation. For some transactions, the consent of the developer to sell the apartment is required — in this case, you need to contact the developer, for some the consent is free, for someone it is paid. It is also worth clarifying with the seller his marital status, the use of maternity capital, whether the seller is bankrupt or whether he has filed documents for bankruptcy of an individual.
In addition, when buying an object on assignment, it is important to study in detail the entire chain of transactions. It is possible that this is not the first transaction, and in this case there is always a risk of facing challenges to transactions, for example, due to the bankruptcy of one of the previous participants in the chain. In general, the assignment of the right to claim is not much different from a direct equity agreement, since in fact the new equity holder replaces the original one and receives all its rights and obligations.
source: Pronovostroy
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