How to check the encumbrance on an apartment: step by step instructions

The unified state register of real estate reflects any changes related to residential property. This right is also spelled out in the Town Planning Code (Article 131). How to check if there is an encumbrance on the apartment? What complicates the presence of encumbrances on housing, what are its types and is it possible to dispose of an apartment with such restrictions?

What is an apartment charge?

In some cases, which were provided for by law, restrictions are imposed on the disposal of real estate. Registration occurs in the following situations:

• if the acquisition of housing was realized at the expense of credit funds;
• if there was a loan received with the mortgage of a dwelling;
• when paying the price in installments or with the condition of postponing the deposit of funds to the merchant's account;
• upon receipt of arrest at the direction of the court or bailiffs;
• if the sale was agreed with the alienation.

Types of encumbrances of living space

The following types of encumbrances can be distinguished:

1. Mortgage - occurs under an agreement with the banking structure.
2. Pledge - is carried out in cooperation with a credit company.
3. Rent - is made when drawing up the corresponding contract.
4. Arrest - occurs when a measure is imposed by the National Service of Employees of the Federal Bailiff Service of the Russian Federation when a court order is issued with the aim of selling at auction to cancel the debt when forming a writ of execution.
5. Trust management - at the conclusion of a civil law transaction, the rights to the apartment are transferred partly to the new owner, the transfer of ownership is likely in the event of the death of the contractor or under other criteria coordinated by the parties.

Let's take a closer look at several types.

Mortgage

It involves the receipt of money on account of the temporary (until the debt is repaid) transfer of part of the rights to real estate to a financial organization. Since the owner received the funds, he must provide the organization with a strong guarantee of their return transfer.

Rent

Providing the owner of real estate with everything necessary for life for a specified period or for life allows you to get ownership of his apartment. For this reason, the sale of such an apartment, which should subsequently pass to a new owner, is excluded.

If the current owner has changed his mind about transferring the property, or no longer resorts to the support of the second party, it is required to cancel the contract. In addition, in this case, you will need to return the funds that were spent on caring for the owner of the apartment.

Trust management

The trust management method involves looking after the property of a third party. The contract is drawn up for a certain period, the rights are partly transferred to the temporary owner. For example, when going abroad, the owners want their property to be monitored and paid on time for incoming payments. This order can be terminated ahead of time only in the event of the death of the performer or by mutual agreement of the parties.

What problems can an apartment with a burden carry for the owner and buyer?

The owner of the apartment, who, due to specific circumstances, did not remove the restrictions and completed the transfer of rights, will be obliged to deal with the difficulties that have arisen. Homeowners who want to know how to sell a rented apartment should seek professional legal advice. It is best to get the approval of a legal advisor who is able to clarify all aspects of the situation and find a better solution.

If the sale of the apartment has already taken place, and the restrictions have not been lifted, then it will be necessary to spend a sufficient amount of time solving problems with the tribunal and the newly minted owners. Payment of all funds spent on the implementation of meetings and decision-making will be collected directly from the former owner of the apartment. From this it is clear that the owner of the apartment, when he decides to sell it, is more profitable and safer to think about these issues in advance.

The client is also at risk when acquiring encumbered immovable property. Existing restrictions do not allow him to fully dispose of the property. Reimbursement of funds before the issues are resolved is also not feasible, and litigation can continue for many years.

It is important to take into account the potential of absolute disposal of the right of the owner. In some cases, it will be unrealistic to live (the presence of tenants or permanent residents), and the cancellation of the contract, the return of the money spent and the return transfer of the apartment will be a rather long process. Therefore, it is necessary to prevent such phenomena before acquiring real estate. The client will reduce the risk in a problematic transaction by studying the house book, information about the apartment, its restrictions. This will prevent subsequent litigation and the loss of your own time and effort.

How to check the encumbrance on an apartment on the Internet?

You can get data on restrictions on the sale, exchange, donation or making a mortgage as a pledge or processing a mortgage transaction by ordering an extract on the object. This action is performed by one of the methods:

• by sending a request to the Internet representative office of Rosreestr;
• through the commercial portal;
• in the divisions of Rosreestr or the MFC, which act as an intermediary between the recipient of the service and the municipal institution.

It is worth noting that most people are afraid to pay or register services through government portals. It is necessary to pay a fee for services; on the resources presented, the tariffs are provided for by the current legislation. Payment via the Internet is made from Internet accounts opened in banking institutions, from debit cards or in cash at the cash desk of your banking partner.

Recommendations and instructions for obtaining an extract via the Internet

How to check for an encumbrance on an apartment? Consider the option of checking the encumbrance on the apartment, obtaining this certificate via the Internet, and more specifically, through the state resource of Rosreestr.

1. First you need to find this state web portal in a search engine.
2. On the official website of Rosreestr, go to the tab "Getting an extract". Here you need to fill in the fields presented very carefully, you should pay special attention to the address of the location of the object. It is very important that the specified address matches the actual address available in the database of the state portal.
3. In this tab, you can also check the encumbrance of the apartment by the cadastral number.
4. After successfully filling in the information in the provided window and carefully checking, you can click on the “Generate request” item.
5. Next, a new window will appear in which you should once again review the entered data for validity. If everything is correct, click next.
6. The next window will provide information on encumbrances.

Information is updated in the Rosreestr database, unfortunately, irregularly, therefore, when checking, there may be a discrepancy between information and real data. You can get rid of problems and check the encumbrance on the apartment by ordering a printed certificate at the Rosreestr department or at the multifunctional center for the provision of public services (MFC, now - "My Documents").

Extract from Rosreestr

You can check the encumbrance on the apartment through Rosreestr. What certificate should be requested from the Unified State Register of Real Estate? The full name of the required document looks like this: "Extract from the Unified State Register of Real Estate on the essential characteristics and registered rights to the property." As a rule, the object of real estate in the contract is an apartment.

Where to check the encumbrance on the apartment? You need to contact the Registrar. If the certificate is ordered through the Unified State Register of Real Estate, then there is no doubt about the reliability and relevance for the given period of the information provided.

How to understand if there is an encumbrance on the apartment?

How to check if there is an encumbrance on the apartment? In the certificate received from the Unified State Register of Real Estate, it is necessary to pay attention to several points. We carefully review the second section, in particular paragraph 4, which is called "Restriction of rights and encumbrance of the property." If there is a dash in this paragraph or the inscription “Not registered” is present, then there are no encumbrances on the apartment.

If the apartment has such restrictions, the certificate clearly states what exactly, for example, the type of encumbrance “Pledge, full object, mortgage” and so on will be indicated. The certificate will clearly state that the apartment is pledged to such and such a Bank for a N period from the N date, since it was purchased with a mortgage.

Nuances when checking encumbrance on an apartment

How to check an apartment for an encumbrance when buying? Virtually any person can request an extract for an apartment, however, only the owner of the premises or the heir can apply to the Bureau of Technical Inventory on the basis of documents confirming such a right.

You can send a request only if the state fee has been paid in advance. Its size varies for people and organizations, and also depends on the procedure for processing the appeal. Tariffs are constantly changing, therefore, in order to prevent difficult situations with underpayment, it is best to personally view the current amount of the fee on the website of the Tax Code of the Russian Federation before requesting. For the period of 2017, there are the following values: the state duty for obtaining publicly available information from the list for individuals is 280 rubles. The document will be sent by e-mail with the signature of the responsible person and the seal of Rosreestr.

How to sell or buy real estate with an encumbrance?

The implementation of the transfer of rights becomes possible only after the removal of any prohibitions. How to check if there is an encumbrance on an apartment before selling? Exactly the same as in other cases. If the property is seized, the best way out is to resolve the conflict with municipal services.

Mortgages require the return of the borrowed funds to the lender, and when renting out, the need to move needs to be discussed with today's residents. Almost all of the cases are resolved fairly quickly, but some require significant time costs. All aspects of weighting cannot be hidden from the buyer. Almost always, the person who wants to become the owner of a living room resorts to subterfuge and helps the owner solve the restriction problem.

The purchase of a burdened apartment is made after studying all the papers on today's restriction and its special features. It is necessary to conclude a contract for the sale and purchase at a notary. At the conclusion of the contract, additional papers are needed on the ability to conduct the operation. The specialist will create a separate document, which will spell out all the conditions and factors for the transfer and disposal of new owners.

Trustee's permission to sell should also be implemented. Any type of limitation has its own characteristics and must be supported by a number of documentation that confirms the authenticity of the contract being drawn up.

How to check if the encumbrance of the apartment has been removed?

The removal of the encumbrance is based on the receipt of a confirmation certificate from the organization that previously established the restrictions. For a bank, such a certificate will be a document on the closing of a mortgage; for state bodies, a certificate on the removal of prohibitions in connection with the payment of debts. The receipt of papers is carried out after the submission and study of the appeal to solve the problem of encumbrance. For the client, a fundamental step for the purchase will be to check the apartment for the removal of the encumbrance. So, you need to make sure that the decision is correct with the help of evidence from the State Register. You can find out the absence of encumbrances by contacting a proper service and receiving an extract on real estate.

How to remove the burden from the apartment

An excerpt from the USRR for real estate and the possibility of contracts with it contains all the data on the encumbrance and includes information on previous transactions. The document is useful for both the seller and the buyer.

The period of validity of this statement from the date of receipt is about a month. The most reliable data is considered within the first few days after receiving the certificate. The term for collecting information and organizing it is about 3-4 days.