The author posted a question in Legal Advice
Lawyers, tell me! We bought an apartment with a Sberbank mortgage? and got a better answer
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Obligatory! After all, you read the terms of the contract. But only the bank itself keeps track of this. And after the contract is registered to you, the seller writes a receipt for the remaining amount and that the seller has no claims, the settlement is final. In the act of acceptance of the amount is never punched in the secondary market. This is a civil act, which simply stipulates that the buyer has no claims to the condition of the apartment and utility bills - all paid. And the buyer is responsible for the apartment since the signing of the act. Which is incidentally punched in the contract of sale. And after you fulfill your obligations to the bank - do you get documents from him that he fully repaid and the encumbrance is removed?
You must! After all, you read the terms of the contract. But only the bank itself keeps track of this. And after the contract is registered to you, the seller writes a receipt for the remaining amount and that the seller has no claims, the settlement is final. In the act of acceptance of the amount is never punched in the secondary market. This is a civil act, which simply stipulates that the buyer has no claims to the condition of the apartment and utility bills - all paid. And the buyer is responsible for the apartment since the signing of the act. Which is incidentally punched in the contract of sale. And after you fulfill your obligations to the bank-you get documents from him that he fully repaid, and removed the encumbrance
Well now you owe the bank, and until it does not pay you apartment will not sell, or what?
You can't sell the apartment until you pay it off in full. Read the contract. Or you will need the bank's consent for that. Isn't that what you're asking?
They usually give you a statement at the end of the payments
no you don't need a note from the seller, now you do need a note from the bank when you sell, now all the notes are from the bank only
In the sale you will be given a certificate from the Federal Registration Service of the absence of encumbrances on the apartment or its presence, you can sell in any case, and even with encumbrances, as agree with the buyer. Well plan to raise on the difference? So for interest in the possibility of timely feel the conjuncture of the market
there is also the act of transfer. It should indicate - the buyer gave the money, got the apartment, the seller - handed over the apartment, got the money. This is the paper confirming that you and the seller settled the scheme of payments, with a mention of the mortgage in it did not quite understand. But if the apartment is now in the mortgage - i.e. the pledge of real estate - from the bank, then you can sell it only with the consent of the mortgagee, i.e. the bank.
You made the first part of the transaction and did not register the mortgage in the reg.chambers. That is, the certificate of ownership does not indicate an encumbrance by virtue of the Mortgage Law right? You only paid the seller out of the proceeds of the loan Now ask the bank about the package of documents to register the mortgage. You will register the mortgage, pay off the loan and by written order of the bank and the package of documents will remove the mortgage encumbrance If not all is not clear, write.