Maternity capital documents to cover the mortgage. Sberbank mortgage with maternal capital as a down payment - repayment of a housing loan with maternal capital. Who can pay off the mortgage with maternity capital every month?

Regional maternity capital at the birth of a third childRegional maternity capital in the Moscow region and Moscow region in 2019Decree of the Government of the Moscow Region of March 12, 2012 N 271/8 “On approval of the Procedure for disposing of funds of regional maternal (family) capital for improving housing conditions”

GOVERNMENT OF THE MOSCOW REGION

RESOLUTION

ON APPROVAL OF THE PROCEDURE FOR MANAGING REGIONAL FUNDS

MATERNAL (FAMILY) CAPITAL FOR IMPROVEMENT

HOUSING CONDITIONS

In accordance with the Law of the Moscow Region N 1/2006-OZ “On measures of social support for families and children in the Moscow Region”, the Government of the Moscow Region decides:

1. Approve the attached Procedure for disposing of funds from regional maternal (family) capital for improving housing conditions.

2. The Ministry of Press and Information of the Moscow Region shall ensure the official publication of this resolution in the newspaper "Daily News. Moscow Region".

3. Entrust control over the implementation of this resolution to the First Deputy Chairman of the Government of the Moscow Region O.S. Zabralova.

(clause 3 as amended by the resolution of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

Governor of the Moscow Region

B.V. Gromov

Approved

Government resolution

Moscow region

ORDER

MANAGEMENT OF REGIONAL MATERNITY FUNDS

(FAMILY) CAPITAL FOR IMPROVING HOUSING CONDITIONS

(as amended by the resolutions of the Government of the Moscow Region

dated July 18, 2014 N 557/27, dated December 12, 2017 N 1032/45)

1. This Procedure establishes the rules for filing an application for the disposal of funds (part of the funds) of regional maternal (family) capital to improve housing conditions, a list of documents required for consideration of the application, as well as the procedure and timing for the transfer of these funds.

2. An application for the disposal of funds (part of the funds) of regional maternal (family) capital (hereinafter - the application for the disposal of funds) is sent to the territorial structural unit of the Ministry of Social Development of the Moscow Region (hereinafter - the territorial structural unit) or a multifunctional center for the provision of state and municipal services for place of residence of the person who received the certificate for regional maternal (family) capital (hereinafter referred to as the applicant).

3. The application for the disposal of funds indicates the type of expenses for which funds (part of the funds) of regional maternity (family) capital are allocated to improve housing conditions (hereinafter referred to as funds (part of the funds) of maternity capital), as well as the amount of these funds. In the case of directing funds (part of the funds) of maternity capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction project without the involvement of a construction organization, carried out by the applicant’s spouse, such a circumstance is indicated in the application.

4. An application for disposal of funds is submitted in writing with the presentation of the following documents:

a) a certificate for regional maternal (family) capital (hereinafter referred to as the certificate);

b) passport or other main document identifying the applicant in accordance with the legislation of the Russian Federation;

c) the applicant’s marriage certificate - if the party to the transaction or obligations for the acquisition or construction of housing is the applicant’s spouse (hereinafter referred to as the spouse) or if the construction or reconstruction of an individual housing construction project is carried out by the spouse;

d) passport or other main document identifying the spouse - if the party to the transaction or obligations for the acquisition (construction) of residential premises is the spouse, or the construction or reconstruction of an individual housing construction project is (was) carried out by the spouse;

e) a document confirming the place of residence in the Moscow region of the child, in connection with whose birth (adoption) the right to receive regional maternal (family) capital arose at the time of the applicant’s application.

(subparagraph "d" was introduced by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

5. If, in accordance with paragraphs 4, 7-9, 11-17 of this Procedure, copies of documents are attached to the application for disposal of funds, and the accuracy of these copies is not certified in the manner prescribed by the legislation of the Russian Federation, their originals are submitted at the same time.

If the applicant (legal representative) does not have copies of the submitted documents, their production is ensured by a specialist from a territorial structural unit or an employee of a multifunctional center for the provision of state and municipal services.

It is not allowed to require the applicant (legal representative) to submit documents not provided for in this procedure.

(paragraph introduced by Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

6. An application for the disposal of funds and documents are submitted to the territorial structural unit or multifunctional center for the provision of state and municipal services by the applicant personally, through a legal representative, a proxy (hereinafter referred to as the legal representative).

The application and documents can be submitted through the multifunctional center for the provision of state and municipal services.

At the discretion of the parent (legal representative), the application can be submitted electronically using information and telecommunication technologies, including the use of a single portal of state and municipal services, the State Information System of the Moscow Region "Portal of state and municipal services (functions) of the Moscow Region", multifunctional centers , in the manner determined by the relevant regulatory legal acts.

(Clause 6 as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

7. In the case of sending funds (part of the funds) of maternity capital to pay for the purchased residential premises, the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a copy of the purchase and sale agreement for residential premises that has passed state registration in the prescribed manner;

b) a copy of the certificate of state registration of ownership of residential premises or an extract from the Unified State Register of Real Estate containing information about the rights of the applicant and (or) his spouse purchasing residential premises using funds (part of the funds) of maternity capital (except in the case of a conclusion agreement for the purchase and sale of residential premises with installment payment);

c) a certificate from the person carrying out the alienation of residential premises under an agreement for the purchase and sale of residential premises with installment payment, concluded with the applicant or with the applicant’s spouse, on the amount of the remaining unpaid amount under the agreement - if the acquisition of residential premises is carried out under a contract for the sale and purchase of residential premises with installment payment;

d) a notarized written obligation of the person (persons) who is the buyer under the contract for the sale and purchase of residential premises to register the residential premises as the common property of the applicant, his spouse, children (including the first, second and subsequent children) with the determination of the size of shares according to the agreement within 6 months after the territorial structural unit transfers funds to the person alienating the residential premises, and in the case of acquiring residential premises under an agreement for the purchase and sale of residential premises with installment payment - within 6 months after making the last payment completing payment of the cost of the residential premises in full size, - if the residential premises are not registered as the common property of the applicant, his spouse, children (including the first, second and subsequent children) or state registration of ownership of the residential premises has not been carried out.

8. In the case of sending funds (part of the funds) of maternity capital to pay the price of the agreement for participation in shared construction, the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a copy of the agreement for participation in shared construction, which has passed state registration in the prescribed manner;

b) a document containing information about the amount paid to pay the price of the agreement for participation in shared construction and about the remaining unpaid amount under the agreement;

c) a notarized written obligation of the person (persons) who is a party to the agreement for participation in shared construction, within 6 months after signing the transfer deed or other document on the transfer of the shared construction object to the participant in shared construction, to register the residential premises built using funds (part of the funds) maternity capital, into the common property of the applicant, his spouse, children (including the first, second and subsequent children) with the size of shares determined by agreement.

9. In the case of sending funds (part of the funds) of maternity capital to pay for the construction of an individual housing construction project, carried out with the involvement of a construction organization, the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a copy of the construction permit issued to the applicant or his spouse;

b) a copy of the construction contract;

c) a copy of a document confirming the ownership right of the applicant or his spouse to the land plot on which the construction of an individual housing construction project is taking place, or the right of permanent (indefinite) use of such a land plot, or the right of lifelong inheritable possession of such a land plot, or the right to lease such land plot a plot, or the right to free temporary use of a land plot that is intended for housing construction and on which the construction of an individual housing construction project is being carried out;

d) a notarized written obligation of the person (persons) for whom the construction permit is issued, within 6 months after the commissioning of an individual housing construction project, to register the residential premises, built using funds (part of the funds) of maternity capital, as the common property of the applicant, his spouse, children (including the first, second and subsequent children) with the determination of the size of shares by agreement.

10. In case of disposal of funds (part of the funds) of maternity capital for the construction, reconstruction of an individual housing construction project without the involvement of a construction organization, funds (part of the funds) of maternity capital are sent in the following order:

a) initially in an amount not exceeding 50 percent of the amount of regional maternity (family) capital due to the applicant on the date of submission of the application;

b) after 6 months from the date of the initial allocation of part of the funds, subject to the requirements for performing basic work on the construction of an individual housing construction project (installation of the foundation, erection of walls and roofing) or carrying out reconstruction work on an individual housing construction project, as a result of which the total area of residential The premises (residential premises) of the reconstructed facility are increased by no less than the accounting standard for the area of residential premises established in accordance with the housing legislation of the Russian Federation.

11. To send funds (part of the funds) of maternity capital in accordance with subparagraph “a” of paragraph 10 of this Procedure, the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a copy of a document confirming the ownership right of the applicant or spouse to the land plot on which the construction of an individual housing construction project is taking place, or the right of permanent (indefinite) use of such a land plot, or the right of lifelong inheritable possession of such a land plot, or the right to lease such a land plot , or the right to free, temporary use of a land plot that is intended for housing construction and on which the construction of an individual housing construction project is being carried out;

b) a copy of the building permit issued to the applicant or spouse;

c) a copy of the certificate of state registration of ownership or an extract from the Unified State Register of Real Estate containing information about the rights of the applicant or spouse to an individual housing construction project - if funds (part of the funds) of maternity capital are allocated for its reconstruction;

(as amended by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

d) a notarized written obligation of the person (persons) for whom the construction permit is issued, within 6 months after receiving the cadastral passport of the individual housing construction project, to register the residential premises, built (reconstructed) using funds (part of the funds) of maternity capital, into the general property of the applicant, his spouse, children (including the first, second and subsequent children) with the determination of the size of shares by agreement;

12. To send funds (part of the funds) of maternity capital in accordance with subparagraph “b” of paragraph 10 of this Procedure, the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a document issued by the body authorized to issue a building permit, confirming the carrying out of basic work on the construction of an individual housing construction project (installation of the foundation, erection of walls and roofing) or the carrying out of reconstruction work on an individual housing construction project, as a result of which the total area of the residential premises (residential premises) of the reconstructed facility is increased by no less than the accounting standard for the area of residential premises established in accordance with the housing legislation of the Russian Federation;

b) a document confirming that the applicant has a bank account indicating the details of this account.

13. In the case of directing funds (part of the funds) of maternity capital to compensate for costs incurred for the construction of an individual housing construction project, the ownership of which arose no earlier than 01/01/2011, or for the reconstruction of an individual housing construction project carried out after 01/01/2011, regardless from the date of emergence of ownership of an individual housing construction project that has undergone reconstruction, carried out by the applicant or spouse, taking into account the requirements provided for in paragraph 10 of this Procedure, the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a copy of a document confirming the ownership right of the applicant or his spouse to the land plot on which the construction of an individual housing construction project is taking place, or the right of permanent (indefinite) use of such a land plot, or the right of lifelong inheritable possession of such a land plot, or the right to lease such land plot a plot, or the right to free temporary use of a land plot that is intended for housing construction and on which the construction of an individual housing construction project is being carried out;

b) a copy of the certificate of state registration of ownership of an individual housing construction object that arose no earlier than 01/01/2011, or a copy of the certificate of state registration of ownership of an individual housing construction object reconstructed after 01/01/2011, regardless of the date of emergence of ownership of the individual housing object construction, which has undergone reconstruction, or an extract from the Unified State Register of Real Estate containing information about the rights to the specified real estate;

(as amended by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

d) a notarized written obligation of the person (persons) in whose ownership the individual housing construction object is located, to register the specified object as the common property of the applicant, his spouse, children (including the first, second and subsequent ones) with the determination of the size of shares by agreement within 6 months after the territorial structural unit transfers funds (part of the funds) of maternity capital - if the individual housing construction project is not registered as the common property of the applicant, his spouse, children (including the first, second and subsequent children);

e) a document confirming that the applicant has a bank account indicating the details of this account.

14. If the applicant or his spouse is a member of a housing, housing construction, housing savings cooperative (hereinafter referred to as the cooperative), funds (part of the funds) of maternity capital can be sent by the applicant as a payment towards the payment of the entrance fee and (or) share contribution. The applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) an extract from the register of members of the cooperative, confirming the membership of the applicant or his spouse in the cooperative (a document confirming the submission by a citizen of an application for admission to membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing-construction cooperative);

b) a certificate about the paid amount of the share contribution for the residential premises and the remaining unpaid amount of the share contribution necessary to acquire ownership of the residential premises (for members of the cooperative);

c) a copy of the charter of the cooperative;

d) a notarized written obligation of a person who is a member of the cooperative, within 6 months after making the last payment completing the payment of the share contribution in full, to register the residential premises built using funds (part of the funds) of maternity capital into the common property of the applicant and his spouse , children (including the first, second and subsequent children) with the size of shares determined by agreement.

15. In the case of sending funds (part of the funds) of maternity capital to pay the down payment when receiving a loan (loan), including a mortgage, for the purchase or construction of housing, the applicant simultaneously with the documents specified in paragraph 4 and subparagraphs “a” and “b” " paragraph 7, or paragraph 4 and subparagraphs "a" and "b" of paragraph 8, or paragraph 4 and subparagraphs "a" and "b" of paragraph 9 of this Procedure, represents:

a) a copy of the credit agreement (loan agreement) for the purchase or construction of housing;

b) a copy of the mortgage agreement that has undergone state registration in the prescribed manner, if the credit agreement (loan agreement) provides for its conclusion;

c) a notarized written obligation of a person who is a debtor under a credit agreement (loan agreement) to register residential premises acquired or built using funds (part of the funds) of maternity capital into the common property of the applicant, his spouse, children (including the first, second and subsequent ones) with the determination of the size of shares by agreement within 6 months:

after putting an individual housing construction project into operation (in the absence of an encumbrance) - in the case of individual housing construction;

16. In the case of directing funds (part of the funds) of maternity capital to repay the principal debt and pay interest on a loan (loan), including a mortgage, for the purchase or construction of housing, or on a loan (loan), including a mortgage, for earlier repayment granted credit (loan) for the purchase or construction of housing (with the exception of fines, commissions, penalties for late fulfillment of obligations under the specified credit (loan), the applicant, along with the documents specified in paragraph 4 of this Procedure, submits:

a) a copy of the credit agreement (loan agreement). When funds (part of the funds) of maternity capital are used to repay the principal debt and pay interest on a loan (loan), including a mortgage, to repay a previously granted loan (loan) for the purchase or construction of housing, an additional copy of the previously concluded loan agreement (loan agreement) is provided ) for the purchase or construction of housing;

b) a certificate from the creditor (lender) about the amount of the balance of the principal debt and the balance of the debt to pay interest for using the credit (loan). If the right (claim) belonging to the creditor on the basis of an obligation is transferred by him to another person (assignment of the right of claim, transfer of rights to a mortgage) in the procedure for transferring rights under loan agreements secured by a mortgage, established by Articles 47 and 49 of the Federal Law "On Mortgage ( pledge of real estate)", or transferred to another person on the basis of law, the certificate indicates information about the name and location of the creditor to whom the rights under the credit agreement (loan agreement) belong to the date of preparation of the certificate. If on behalf of the creditor the certificate is submitted by a third party acting on the basis of a power of attorney, a copy of the creditor's power of attorney is provided to the third party;

c) a copy of the mortgage agreement that has undergone state registration in the prescribed manner, if the credit agreement (loan agreement) provides for its conclusion;

d) a copy of the certificate of state registration of ownership of the residential premises of the applicant and (or) his spouse, acquired or built using credit (borrowed) funds, or an extract from the Unified State Register of Real Estate containing information about the rights to the specified residential premises - in in the case of the acquisition of residential premises, as well as in the case of commissioning of a residential construction project;

(as amended by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

e) a copy of the agreement for participation in shared construction that has passed state registration in the prescribed manner, or a copy of the permit for the construction of an individual residential building, if the housing construction project has not been put into operation;

f) an extract from the register of members of the cooperative, confirming membership in the cooperative of the applicant or spouse (a document confirming the submission by a citizen of an application for admission to membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing-construction cooperative), if the loan (loan) ) presented for payment of the entrance fee and (or) share contribution to the cooperative;

g) if the residential premises are not registered as the common property of the applicant, his spouse, children (including the first, second, third child and subsequent children) and other family members living together with them or state registration of ownership of the residential premises has not been carried out - a notarized written obligation of the person (persons) in whose ownership the residential premises are registered, acquired using funds (part of the funds) of maternity capital, or who is a party to the transaction or obligations for the acquisition or construction of residential premises, to register the specified residential premises as the common property of the applicant, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares by agreement within 6 months:

after the removal of the encumbrance from the residential premises - in the case of the acquisition or construction of residential premises using a mortgage loan (loan);

after the commissioning of a housing construction project (in the absence of encumbrances) - in the case of individual housing construction or participation in shared construction;

after the applicant or his spouse makes the last payment, completing the payment of the share contribution in full - in the case of participation in a cooperative;

after the territorial structural unit transfers funds from regional maternal (family) capital (in the absence of an encumbrance and when a housing construction project is put into operation) - in other cases.

17. If a legal representative applies to a territorial structural unit or a multifunctional center for the provision of state and municipal services, simultaneously with the documents specified in paragraph 4 of this Procedure, the following is submitted:

a) passport or other document identifying the legal representative in accordance with the legislation of the Russian Federation;

b) documents confirming the authority of the legal representative to act on behalf of the applicant;

c) documents confirming the consent of the applicant or the child’s legal representative to the processing of personal data;

d) permission from the guardianship and trusteeship authority to dispose of funds (part of the funds) of maternity capital - in the case of filing an application for disposal by the legal representative(s) of the child(ren).

18. If a minor child who has acquired full legal capacity applies to a territorial structural unit or a multifunctional center for the provision of state and municipal services, documents confirming the acquisition of full legal capacity by the minor child (children) are submitted simultaneously with the documents specified in paragraph 4 of this Procedure until reaching the age of majority (marriage certificate, decision of the guardianship and trusteeship authority, court decision declaring the minor fully capable).

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

19. If the applicant, when submitting an application for disposal of funds, did not submit on his own initiative the documents specified in subparagraph “d” of paragraph 4, subparagraph “b” of paragraph 7, subparagraphs “a”, “c” of paragraph 9, subparagraphs “a” - “c” of paragraph 11, subparagraph “a” of paragraph 12, subparagraphs “a”, “b” of paragraph 13, subparagraph “d” of paragraph 16, a territorial structural unit or a multifunctional center for the provision of state and municipal services requests these documents (contained in them information) in bodies providing state and municipal services, in other bodies or local government bodies and organizations subordinate to them that are involved in the provision of state and municipal services and in whose possession such documents (the information contained therein) must be in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.

(as amended by resolutions of the Government of the Moscow Region dated July 18, 2014 N 557/27, dated December 12, 2017 N 1032/45)

20. The head of the territorial structural unit no later than 45 working days from the date of receipt of the application for the disposal of funds and the documents specified in paragraph 4 or in paragraph 4 and paragraph 17, as well as the documents specified in paragraph 7, or paragraph 8, or paragraph 9, or paragraph 11, or paragraph 12, or paragraph 13, or paragraph 14, or paragraph 15, or paragraph 16 of this Procedure, makes a decision to satisfy the application for the disposal of funds or to refuse to satisfy it.

Notification of approval or refusal of the application for disposal of funds is sent to the applicant by the territorial structural unit or multifunctional center for the provision of state and municipal services at the applicant’s place of residence no later than 5 working days after the decision is made.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

In case of refusal to satisfy an application for the disposal of funds, the corresponding notification sets out the grounds in accordance with which the territorial structural unit made such a decision.

The decision to refuse to satisfy an application for disposal of funds can be appealed to a higher authority or to a court.

21. An application for disposal of funds may be refused in the following cases:

a) termination of the applicant’s right to receive maternity capital on the grounds established by the legislation of the Moscow Region;

b) violation of the established procedure for filing an application for the disposal of funds, including the submission of an incomplete set of documents provided for by this Procedure;

(as amended by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

c) indications in the application for the disposal of funds for the direction of use of funds (part of the funds) of maternity capital not provided for by the legislation of the Moscow Region;

d) indication in the application for the disposal of funds of an amount (its part in the aggregate) exceeding the full amount of maternity capital funds, which the applicant has the right to dispose of;

e) deprivation of parental rights (restriction of parental rights, cancellation of adoption) of the applicant in relation to the child, in connection with whose birth (adoption) the right to receive maternity capital arose, on the date of the decision on the application for disposal of funds submitted by the applicant (before the date of acceptance decisions to cancel deprivation (restriction) of parental rights in the prescribed manner);

f) deprivation of parental rights (restrictions on parental rights, cancellation of adoption) of the applicant in relation to the child (children), who were taken into account when the right to maternity capital arose, if the number of children left to be raised in the family is less than two, on the date of the decision on an application for the disposal of funds submitted by the applicant (before the date of the decision to cancel the restriction (deprivation) of parental rights in the prescribed manner);

g) removal of a child, in connection with whose birth the right to receive maternity capital arose, in the manner prescribed by the Family Code of the Russian Federation (for the period of removal of the child);

h) disposal of funds (part of the funds) of maternity capital earlier;

i) the location of the residential premises purchased using funds (part of the funds) of maternity capital is not in the territory of the Moscow region.

(subparagraph “i” was introduced by Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

22. An application for the disposal of funds, for which a decision has been made to satisfy, can be canceled at the request of the applicant by submitting personally or through a legal representative an application for cancellation of a previously submitted application for the disposal of funds (hereinafter referred to as the application for cancellation).

The application for cancellation must be submitted no later than 20 business days after submitting the application for disposal of funds.

The application for cancellation is submitted to the territorial structural unit or multifunctional center for the provision of state and municipal services at the place of filing the application for the disposal of funds with the presentation of the document specified in subparagraph "b" of paragraph 4, or the documents specified in subparagraphs "a" - "c" of paragraph 17 of this Order.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

The head of the territorial structural unit, within 5 working days from the date of receipt of the application for cancellation, makes a decision on whether to satisfy the application for cancellation or to refuse to satisfy it.

Notification of approval or refusal of the application for cancellation is sent to the applicant by the territorial structural unit or multifunctional center for the provision of state and municipal services at the applicant’s place of residence no later than 5 working days after the decision is made.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

In case of refusal to satisfy the application for cancellation, the corresponding notification sets out the grounds in accordance with which the territorial structural unit made such a decision.

23. An application for the disposal of funds, for which a decision has been made to satisfy, can be changed if included in a contract for the purchase and sale of residential premises, an agreement for the purchase and sale of residential premises with installment payment, an agreement for participation in shared construction, a construction contract, a loan agreement , a loan agreement for the purchase or construction of housing, a mortgage agreement, changes regarding the amount of payment, timing and frequency of transfer of funds, as well as if payments under these agreements are terminated early.

The applicant has the right to personally or through a legal representative apply to a territorial structural unit or multifunctional center for the provision of state and municipal services with an application to change the amount and (or) timing, and (or) frequency of sending funds (part of the funds) of maternity capital (hereinafter - the application for payment changes) or with a statement of refusal to transfer funds (part of the funds) of maternity capital (hereinafter referred to as the statement of refusal).

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

An application for amendments is submitted to the territorial structural unit or multifunctional center for the provision of state and municipal services at the place of filing the application for the disposal of funds with the presentation of the document specified in subparagraph "b" of paragraph 4, or the documents specified in subparagraphs "a" - "c" paragraph 17 of this Procedure, as well as with documents confirming amendments to the purchase and sale agreement for residential premises, or the agreement for the purchase and sale of residential premises with installment payment, or an agreement for participation in shared construction, or a construction contract, or a loan agreement, or an agreement a loan for the purchase or construction of housing, or a mortgage agreement relating to either the amount of payment, or the timing of the transfer of funds, or the frequency of transfer of funds.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

An application for refusal, indicating the reasons for the refusal, is submitted to the territorial structural unit or multifunctional center for the provision of state and municipal services at the place of filing the application for the disposal of funds with the presentation of the document specified in subparagraph "b" of paragraph 4, or the documents specified in subparagraphs "a" - "c" of paragraph 17 of this Procedure.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

The head of the territorial structural unit, within 5 working days from the date of receipt of the application for refusal or application for amendment, makes a decision to satisfy or refuse the specified application (applications).

Notification of approval or refusal to satisfy an application for refusal or application for amendments is sent to the applicant by the territorial structural unit or multifunctional center for the provision of state and municipal services at the applicant’s place of residence no later than 5 working days after the decision is made.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

In case of refusal to satisfy an application for refusal or an application for amendments, the corresponding notification sets out the grounds according to which the territorial structural unit made such a decision.

24. The allocation of funds (part of the funds) of maternity capital is made no later than 2 months from the date of the decision to satisfy the application for disposal of funds.

If the application for changes is satisfied, the funds (part of the funds) of maternity capital are transferred in the following order:

the first payment is sent within 30 working days from the date of the decision to approve the application for amendments;

subsequent payments are made at intervals, in the amount and within the time limits specified in the application for amendments.

If the application for refusal is satisfied, the payment of funds (part of the funds) of maternity capital ceases from the month following the month of the decision to satisfy the application for refusal.

25. Upon receipt of information that affects the applicant’s right to dispose of funds (part of the funds) of maternity capital, the territorial structural unit, before transferring funds (part of the funds), requests information from the relevant authorities:

a) on deprivation of parental rights in relation to a child, in connection with whose birth the right to receive maternity capital arose;

b) about the commission of an intentional crime related to crimes against the person against his child (children);

c) on the cancellation of the adoption of a child, in connection with whose adoption the right to receive maternity capital arose;

d) on restrictions on parental rights in relation to a child, in connection with whose birth the right to receive maternity capital arose;

e) about the selection of a child, in connection with whose birth the right to receive maternity capital arose.

26. In the case specified in paragraph 25 of this Procedure, the transfer of funds (part of the funds) of maternity capital is suspended until the territorial structural unit receives the requested information.

27. Upon receipt of confirmation of the information specified in paragraph 25 of this Procedure, in relation to the applicant, the transfer of funds (part of the funds) of maternity capital upon the application for the disposal of funds is not made.

28. The amount of funds (part of funds) of maternity capital allocated:

to pay obligations under a contract for the purchase and sale of residential premises with installment payment, cannot exceed the price of the contract or the amount of the remaining unpaid amount under the contract;

to repay the principal debt and pay interest for using a credit (loan), including a mortgage, for the purchase or construction of housing, or to repay the principal debt and pay interest for using a credit (loan), including a mortgage, to repay a previously granted loan for the purchase or construction of housing, or in payment of the price of an agreement for participation in shared construction, or as a payment in payment of a share contribution, cannot exceed, respectively, the amount of the balance of the principal debt and the debt to pay interest for the use of the specified credit (loan), or the remaining the unpaid amount under the agreement for participation in shared construction, or the remaining unpaid amount of the share contribution necessary to acquire ownership of the residential premises.

29. Funds (part of the funds) of maternity capital are transferred by the territorial structural unit in a non-cash manner to the bank account specified in the relevant agreement of the organization carrying out the alienation (construction) of the acquired (under construction) residential premises, or of an individual carrying out the alienation of the acquired residential premises, or to a bank account cooperative account, or to the bank account of the organization that provided the applicant or his spouse with a credit (loan), including a mortgage, or to the applicant’s bank account in the case of sending funds (part of the funds) of maternity capital for the construction (reconstruction) of an individual housing construction project carried out citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction project, or in the case of directing funds (part of the funds) of maternity capital to compensate for the costs incurred for the construction (reconstruction) of an individual housing construction project.

When assigning the right of claim under a credit agreement (loan agreement), the funds (part of the funds) of maternity capital are transferred by bank transfer to the bank account of the organization to which the rights of claim were transferred.

30. If the amount of funds (part of the funds) of maternity capital for improving housing conditions, specified in the application for the disposal of funds and transferred to the account of the creditor organization (lender), exceeds the amount of the balance of the principal debt and interest for using the credit (loan) on the date receipt of funds to the organization's account, the difference between the specified amounts is subject to return within 5 banking days from the date of receipt of funds to the organization's account to the territorial structural unit to the account from which the funds were transferred.

The territorial structural unit enters information about the returned balance of funds (part of the funds) of maternity capital into the information about the applicant.

31. The applicant is responsible for the accuracy of the information provided and is obliged to promptly inform the territorial structural unit or multifunctional center for the provision of state and municipal services about changes affecting the disposal of regional maternal (family) capital funds.

(as amended by the Decree of the Government of the Moscow Region dated July 18, 2014 N 557/27)

32. If the funds (part of the funds) of maternity (family) capital were used by the applicant for other than their intended purpose, they are subject to voluntary return or are collected in accordance with the legislation of the Russian Federation.

33. The Ministry of Social Development of the Moscow Region and territorial structural divisions keep records of budget funds of the Moscow Region associated with the provision of maternity capital, as well as records of the use of these funds in accordance with the legislation of the Russian Federation on budget accounting.

(as amended by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

34. Control over the targeted expenditure of budget funds of the Moscow Region aimed at paying maternity capital is carried out by the Ministry of Social Development of the Moscow Region.

(as amended by the Decree of the Government of the Moscow Region dated December 12, 2017 N 1032/45)

Legal aspects of repaying a mortgage with maternal capital

In 2019, thanks to the Family Support Program and changes introduced by Law No. 288-FZ of December 25, 2008, families with a mortgage can use maternity capital to pay it off. Initially, it was envisaged that these funds could be used to improve housing conditions, namely, for the construction and reconstruction of housing, as well as directly for the purchase of real estate.

In connection with changes in legislation that have come into force, in order to improve living conditions, a family can use funds in one of the following ways:

Apply for a mortgage loan and make a down payment.
Pay off an existing loan, which was taken before the birth (adoption) of the second child. The principal amount of the debt and interest on it are subject to repayment, but not penalties and fines arising in connection with late payments.
Use funds to build your own home both through the involvement of contractors and on our own. As for the latter case, at the initial stage of construction or reconstruction the state allocates 50% of the amount. The family has the right to receive the remaining half no earlier than 6 months later and only if they provide supporting documents on construction costs.

Let us remind you that the amount of maternity capital can also be spent on the child’s education (including his maintenance in a preschool educational institution), as well as on the mother’s labor pension. Part of the funds (20,000 rubles) can be paid one-time on the basis of an appropriate application and directed to any needs of the family.

The main stages of repaying a mortgage with maternal capital and their documentary support

We will consider the question of how to repay a mortgage with maternity capital in more detail, focusing on each stage of the registration of this procedure.

If, having received a maternity capital certificate, you have decided to repay your mortgage loan, then the first thing you need to do is contact the bank. To do this, you will need a corresponding application, to which you should attach a set of documents:

document identifying the debtor under the loan agreement (passport);
certificate for the right to receive family capital.

If you provide the correct documents, the bank representative will issue you a certificate with complete information about the loan. The loan statement will indicate the amount of principal and interest to be repaid under the loan agreement.

identification document (passport);
certificate for the right to receive family capital;
certificate of ownership of housing taken on a mortgage;
obligation to register housing as shared ownership after the loan is repaid;
other documents (if any): power of attorney of the representative; a court decision recognizing your right to family capital; confirmation of adoption, etc.

The above documents must be accompanied by a corresponding application. You can obtain the form directly from the Pension Fund and fill it out according to the sample.

Consideration of the application

Representatives of the Pension Fund bodies accept documents according to the inventory, in return providing you with a receipt. An application for the use of maternity capital to pay off a mortgage is considered within 30 calendar days, after which you, as the applicant, must be informed in writing about the decision.

If you receive approval, then the document received from the Pension Fund should be submitted to the bank.

Based on information from the Pension Fund and upon receipt of funds, the bank can dispose of the funds in one of the following ways, depending on your decision:

Repay the debt in full (if the transferred amount is sufficient).
Reduce the amount of monthly payments (the mortgage term remains the same).
Reduce the term of debt repayment (the amount of payments remains unchanged).

If the amount of family capital is not enough to completely close the mortgage, then it is necessary to sign an additional agreement to the mortgage agreement, which will spell out a new payment schedule with specified deadlines.

Upon payment of the entire amount of the debt and interest, you have the right to request a corresponding certificate from the bank, which will indicate that the loan has been repaid.

We emphasize that when paying off a mortgage with maternity capital, special attention should be paid to the documents provided and received. If all the papers are prepared correctly and submitted on time, the debt closure procedure will be resolved promptly and in your favor.

Use of maternity capital in banks

Repaying a mortgage with family capital is one of the priority lending areas of the largest Russian banks. Thus, Rosselkhozbank and VTB 24 offer clients credit programs that allow them to effectively use maternity capital funds. Among them, the possibility of purchasing finished or still under construction housing, as well as building your own home.

The opportunity to purchase an apartment or repay a housing loan with family capital is also offered by Sberbank, whose mortgage programs we will discuss in more detail.

Mortgage programs of Sberbank

The advantages of credit lines using maternity capital at Sberbank are loyal interest rates, special conditions for participants in salary projects, and the complete absence of any commissions. Funds can be provided both in rubles and in foreign currency. The amount of maternity capital is credited as the first installment.

So how can you pay off your mortgage with maternity capital at Sberbank? The repayment terms are similar to the mechanism described above. After receiving permission from the Pension Fund, the funds are transferred directly to the current account indicating the number of the loan agreement opened with Sberbank and subject to repayment.

The practice of recent years shows that Sberbank clients who use family capital in this way prefer to reduce the total debt repayment period without changing the amount of monthly payments.

It is important to know that when repaying a mortgage with maternal capital from Sberbank, the debtor has the right to a tax deduction, which is 13% of the amount paid. To do this, you need to contact the tax authorities, having previously prepared an application, and also filled out the 3-NDFL declaration. The package of documents must also include a certificate confirming the costs of purchasing real estate and a 2-NDFL certificate.

As you can see, the procedure for repaying a debt on a housing loan is quite simple, and the documents required to be submitted to specialized authorities are kept to a minimum. This gives us the right to assume that the number of families who will be able to improve their living conditions thanks to a mortgage and family capital will increase every year.

Video: Specialists from Sberbank and VTB 24 talk about the intricacies of using maternity capital for a mortgage

Mortgage lending for families with two or more children is one of the main opportunities to use funds secured by a maternity capital certificate. By using money from maternity capital for housing loans or borrowings, a family that needs to improve their living conditions can count on a payment from the state in 2019 in the amount of up to 453 thousand rubles without waiting 3 years.

In general, according to Russian legislation, a mortgage means real estate pledge(apartment, house, room or share in property), which is received by a financial organization (mortgagee) until full settlement of the issued loan funds.

That is, the borrower:

takes out a home loan or a targeted loan for a mortgage;
The bank receives housing purchased or under construction as collateral until the debt and interest on the loan are fully repaid;
In order to be able to fully dispose of the property, final ownership is formalized after the mortgage is removed from the living space (that is, after full payment of the borrowed funds, interest, commissions and late fees).

At the legal level, mortgages are regulated by Federal Law No. 102-FZ of July 16, 1998 “ About mortgage (real estate pledge)" Not only housing, but also a plot of land, an enterprise or other property can be provided as collateral.

A mortgage loan secured by maternity capital most often requires an apartment as collateral. Financial institutions are not as willing to lend for the construction or purchase of a house as they are for square meters in apartment buildings.

extract from the Unified State Register of Property Rights for the purchased property (if an already completed apartment was purchased or the construction of the housing for which the loan was issued was completed);
agreement for participation in shared construction(if the owner of the certificate or his spouse purchases an apartment in an apartment building under construction);
statement of membership in a housing cooperative(if the loan was issued to make an initial or share contribution to a residential complex, housing cooperative or housing cooperative);
permission to build an individual residential building(if the bank agreed to issue a loan for such a case, and the house has not yet been put into operation).

Maternity capital for down payment

Until 2015, the opportunity to use funds for a down payment on a mortgage loan was provided to certificate holders only after three years from the moment of birth or adoption of the child.

The legislative opportunity to direct funds to the following appeared after the entry into force of:

Federal Law No. 131-FZ of May 23, 2015 on amendments to Art. 7 and 10 of the Basic Law on Maternity Capital;
Resolution of the Government of the Russian Federation No. 950 of September 09, 2015 on amendments to the “Rules for allocating maternity capital funds to improve housing conditions.”

After making this decision, the Government predicted the growth of the mortgage lending market by 5-30%, but there was no significant increase. In practice, certificate holders wishing to exercise this right have encountered technical difficulties.

Conclusion

According to current legislation, the holder of a maternity capital certificate can take a target housing credit or loan for the purchase or construction of housing. According to the application to the Pension Fund, the funds secured by the certificate are used to pay off the borrowed money.

The undeniable advantage of such a targeted investment is that the money can be used immediately after receiving the right to maternity capital, that is. In fact, this rule currently only applies to paying off mortgage loans already taken out. In practice, maternity capital is still used for the first loan installment, but usually after the child turns 3 years old.

In addition, some Russian banks offer special mortgage lending programs involving maternal capital at a reduced interest rate.

What documents must be submitted to the territorial office of the Pension Fund to repay the mortgage with maternity capital in 2018? It is no secret that a family that has taken out a mortgage loan and received a maternity capital certificate can pay off its debt to the bank or part of it with maternity capital funds. We will tell you about the documents for repaying a mortgage with maternity capital in the article.

Motherboard capabilities increased

In 2018, unlike the previous year, the number of possible options for spending funds has been increased. Now maternity capital can be spent for the following purposes (Part 3, Article 7 of the Federal Law of December 29, 2006 No. 256-FZ, Articles 2, 4 of the Federal Law of July 28, 2010 No. 241-FZ):

improvement of housing conditions (including repayment of mortgages and loans);
children's education;
increase in the funded part of the pension;
purchasing goods and services for the social adaptation of a disabled child;
monthly cash payments for low-income families;
keeping a child in a nursery or kindergarten.

For more information about possible directions for spending maternity capital, see “”.

In order to use government money, you need to collect the appropriate set of documents. What documents are needed for the Pension Fund to pay off the mortgage? Let's talk about this in detail.

Since January 1, 2007, the country has been operating a state program of assistance to families with children - maternity (family) capital. Mat capital is understood as a measure of state support for families in which a second or subsequent child was born (adopted). As part of this program, the state allocates funds to the family for certain targeted expenses, for example, to improve housing conditions or educate children.

Before you start talking about what documents are needed to pay off a mortgage with maternity capital 2018, you need to remember the need to issue a certificate for maternity capital. Without this document, no subsequent actions to receive funds from the Pension Fund are possible. Obtaining a certificate is the first necessary step to obtain financing. Only after the certificate is issued will the documents necessary to repay the mortgage with maternity capital 2018 be required.

We pay off the mortgage using matcap

Maternity capital funds can be used to improve housing conditions, including (clauses 2, 3, 15 of the Rules, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862, Part 1 of Article 10 of the Federal Law of December 29, 2006 No. 256- Federal Law):

acquisition or construction of housing through transactions;
construction and reconstruction of housing on their own, including with the involvement of contractors;
to pay a down payment when receiving a loan (loan) for the purpose of purchasing (constructing) housing;
repayment of the principal debt and payment of interest on loans and borrowings taken out for the purchase or construction of housing;
repayment of principal and interest on loans and borrowings taken out to repay a previously received loan or loan for the purchase (construction) of housing.

To use maternity capital to pay off a mortgage, documents are submitted to the Pension Fund (clause 13 of the Rules, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862):

contract for the purchase and sale of housing or equity participation in construction with a state registration mark;
passport of the certificate holder’s spouse and marriage certificate (if the spouse is indicated in the housing purchase agreement);
credit agreement (loan agreement) for the purchase (construction) of housing;
a mortgage agreement that has passed state registration (if the credit agreement (loan agreement) provides for its conclusion);
an extract from the Unified State Register of Real Estate with information about the ownership of housing purchased or built using credit (borrowed) funds;
a document confirming the non-cash transfer of money under the loan agreement to a bank account;
a notarized written obligation of the person (persons) in whose ownership the residential premises are registered, to register the residential premises in common shared ownership with the spouse and children;
copy of the construction permit;
a certificate from the creditor about the amount of the balance of the principal debt and interest debt for using the credit (loan) or a certificate from the person selling the residential premises under an installment purchase agreement about the amount of the remaining unpaid amount under the agreement;
a previously concluded credit agreement (loan agreement) for the purchase (construction) of housing - in the case of using maternity capital funds to repay the principal debt and pay interest on loans and borrowings;
an extract from the register of members of the cooperative (a document confirming the submission of an application for admission to membership of the cooperative, or a decision on admission to membership of the cooperative) - if you are purchasing housing in a cooperative.

In general, these are the documents that must be submitted to the Pension Fund to repay a mortgage from a bank.

To date, many families throughout Russia have not only received a certificate for maternity capital, but have also taken advantage of it. In particular, over the 11 years of the program’s existence, 4.7 million people have improved their living conditions by receiving maternity capital for their second child. In turn, 410 thousand people allocated maternity capital to educate their children.

Maternity capital documents to cover the mortgage. Sberbank mortgage with maternal capital as a down payment - repayment of a housing loan with maternal capital. Who can pay off the mortgage with maternity capital every month?

Popular answers to questions about maternity capital

Legal aspects of repaying a mortgage with maternal capital

The main stages of repaying a mortgage with maternal capital and their documentary support

Consideration of the application

Use of maternity capital in banks

Mortgage programs of Sberbank

Video: Specialists from Sberbank and VTB 24 talk about the intricacies of using maternity capital for a mortgage

Maternity capital for down payment

Conclusion

Motherboard capabilities increased

We pay off the mortgage using matcap