CrimeaPRESS reports:
It will probably be easier to sell an apartment bought using maternity capital soon. A draft law has been submitted to the State Duma, which is designed to simplify such transactions.
Families now, experts say Russian newspaper, often cannot sell an apartment purchased using mother capital until the mortgage loan is fully repaid. They must first pay off the mortgage (often at the expense of the buyer), allocate family members with shares in the dwelling, and only then sell their home and buy another. This leads to a delay in transactions and forces the sale of real estate at a price below the market, the explanatory note to the bill says.
The authors of the document propose to give families the opportunity to transfer the obligation to allocate shares to another, newly acquired, residential premises. But — only in some cases: if the new apartment is larger in area or more expensive in terms of cadastral value.
This does not infringe on the rights of minor children to receive a share in a dwelling. And at the same time, citizens get the opportunity to exchange one housing for another without loss in price and thereby solve their housing problem.the authors of the bill say.
In addition, adult family members will have the right to refuse to receive a share in an apartment with mother capital. The current version of the law does not provide for the possibility of an adult citizen and spouse of a person who has received a certificate to refuse to receive a share in a residential building. This is contrary to the norms of the Civil Code, according to which citizens exercise their civil rights by their own will, the explanatory note says.
Also, the bill specifies the terms when the owner of the capital is obliged to buy housing in common ownership.
More than 7 million families have already taken advantage of the matkapital since its inception. More than half of them spent their mother’s capital on mortgage repayments or used it as a down payment on a loan.
Now it is possible to sell an apartment with children’s shares only with the permission of the guardianship authorities, who must make sure that the financial situation of the child does not worsen. This procedure is quite long, and guardianship may not agree on a deal, since there are clear criteria for what is an improvement in living conditions and what is not, notes Svetlana Razvorotneva, one of the drafters of the bill, Deputy Chairman of the State Duma Committee on Construction and Housing and Utilities. At the same time, the guardianship authorities have a responsibility — if they do something wrong, they can then be sued.
Guardianship authorities can say: we do not believe that in a future apartment, even an improved one, you will get something for a child, — says Alexander Safonov, professor at the Financial University under the government. Some buyers, in order to simplify the transaction, simply do not register the share of children in the existing apartment and are silent about it. But after the sale of the apartment, this may become clear, and the guardianship authorities, due to the infringement of the interests of the child, may challenge the transaction in court. The buyer of habitation already risks.
The bill is trying to unravel the situations in life, when citizens, for some reason, decided to sell an apartment bought using mother capital before the end of the mortgage payment. Today, such families find themselves between a rock and a hard place — on the one hand, banks that do not want to remove the burden, fearing incomplete payment of the debt, on the other hand, guardianship authorities that make sure that there are no homeless children. As a result, purchase and sale transactions as a result of complex legal and real estate procedures are still carried out in practice, but new owners may suffer if the case goes to court and the transaction is declared void, — says Pavel Sklyanchuk, an analyst of the Popular Front.
source: Russian newspaper
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