Eviction from a mortgage dwelling

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The mortgage is an example of non-conciliation of Russian legislation, and everyone has the right to housing (art. 40 of the Constitution of the Russian Federation), but if the dwelling is the subject of a pledge (art. 334 of the Russian Civil Code), all tenants are evicted into the street, without exception.

The system is not subject to any rules and laws; all Supreme Court orders are repealed; and the interests of vulnerable sections of society are not taken into account:

• Persons with disabilities;
• Pensioners;
• Children.

The only protection against the creditor is the federal residential program, which includes a number of subjective projects:

Military assistance.	A housing loan is paid from a special fund (INS) and, in the event of termination of a service contract, a person is evicted.
Young family.	The State shall provide an initial contribution for the purchase of a dwelling or close part of the delay.
Assistance to victims in the event of a currency mortgage collapse.	In Russia, 100,000 families are on the verge of being on the street. (Government Decision No. 373 of 20 April 2015)

And an independent estimate of the cost of housing, to reduce the principal debt.

The State has created conditions for the banking sector, i.e. it is the basis of the country ' s economy, but at the same time has exposed its citizens to a significant risk of eviction, plus unreasonable interest on the housing loan.

In comparison, the average rate in western countries is 2 to 4 per cent per year, and in Russia it is 13 to 15 per cent.

The concept of mortgages

Mortgage, it's a long-term mortgage on real estate.

Target.	The money is given for the purchase of the property to be purchased, and it will be the subject of collateral, and the loaner does not receive the money.
Untarget.	Money is given to the client in cash or transferred to his account; the property is the property that the borrower owns.

Types of bail:

The legislation provides for two types of collateral for the processing of housing loans.In practice, only one is used.

Bail under the law.	The mortgage holder takes the property in case of a dispute, which is the main bond on which the real estate is processed.
Bail by contract.	The apartment is not considered by the court to be a mortgage tied to a loan.

FH No. 102 (On Mortgage)

• Real estate loans are regulated by Federal Act No. 102, which explains and controls any action by the borrower and the creditor.
• The basic idea of the law is the timely payment and maintenance of property in proper condition.
• A loanee can't do whatever he wants with a dwelling.

• Sell;
• Give it to me;
• To make a will;
• I'm gonna change it.

But on condition that the bank has not given its permission to do so.

At the same time, the borrower may, without the creditor ' s consent:

Surrender the apartment.	Including for a long period of six months.
To prescribe the tenants.	Family members, distant relatives, third parties, but prior to the conclusion of the contract (art. 12 FL-102).
Refurbishment, remodeling.	The creditor may not interfere with the process unless it causes substantial damage to the accommodation, which may cause the loss of housing.

The lender may require the customer to pay the mortgage early if the terms of the contract have been breached and to take the dwelling back to its balance sheet (art. 50 FL-102).

Overdue

The main reason for the eviction from the mortgage dwelling is the delay in the monthly payment; when a housing loan is processed, a contract is drawn up that specifies the exact schedule of the contribution; interest and overpayment are also recorded.

The lender should not remind the borrower of the timely deposit of funds into the account.The client has the duty to monitor the money itself (FZ-353).

Eviction of those deprived of parental rights

Eviction for non-payment of credit

Causes

Debtors have roughly the same conditions for defaulting, people constantly come up with the same burglaries, and the result is crying out real estate and eviction.

Main reasons:

It's a difficult financial situation.	A long mortgage doesn't make it possible to predict material income, but we don't know what's going to happen in five or ten years.
Disease or loss of capacity.	The loanee takes a long-term hospital and as a result his income is reduced.
Misunderstand the terms of the treaty.	The borrower does not understand the exact dates of payment, the operation of the property, the settlement of other tenants, the rights of third parties ' claim, etc.
Infestation in places of deprivation of liberty.	As a result, it is not possible to pay the loan in a timely manner.
Death of the borrower.	Relatives do not understand what to do with the mortgage and, as a result, stop paying.

Pre-trial work

It's not good for the bank to evict a borrower from a mortgage apartment, so the debtor can be fully helped, for example, to restructure the debt.

Additional points:

Credit break.	A person is exempt from payment or part thereof for up to six months.
Cancellation of part of the debt.	The creditor may, at its discretion, write off interest, fines or damages.
State support.	The lender seeks the help of a government that can help him by paying off a portion of his debt.

Notice of eviction

Notification to the borrower of late performance of its obligations under the contract and further eviction from the apartment is part of the pre-trial claim work.

The bank is required to do so before going to court, otherwise the action may be dismissed until the violation has been corrected.

The judge must see that the creditor had tried to help the debtor in an accessible manner, but no payments had been received.On this indirect basis, a person is deprived of housing.

The claim will also include the final claim made by the bank, usually the full amount of the debt and the maturity of the debt.

The notification to the debtor is governed by article 55.2 of the FL-102.

The bank went to court.

Creditors apply to the bank at the place where the pledge is registered, usually the debtor is also prescribed, and the mortgage contract usually specifies the court in which the hearing will take place in the event of a dispute.

Jurisdiction is determined in accordance with article 52 of the FL-102 and is also specified in the paragraphs of the contract, and eviction cases are heard by district courts.

Who Can Evict

Not only bailiffs, but also the creditor themselves, may evict them from the mortgage housing, and this may be done without recourse to the court if this condition is specified in the contract (art. 55 of the FL-102).

1. Exit by bailiffs:
2. The bailiff is governed by Federal Act No. 229 and evicts the debtor and other persons registered in the apartment in the context of the enforcement proceedings initiated.
3. Pursuant to article 107 of FL-229, the bailiff shall notify the debtor of the voluntary release of the premises, no later than 10 days from the date of receipt of the notice.
4. If the debtor ignores the claim, a new period of time is given to the debtor, as well as an execution fee.

The eviction takes place with the participation of police officers and those who understand it; in the event of obstruction of entry into the home, the bailiff has the right to call the MES officers to enter the apartment.

The bailiff can arrange for the transportation and storage of items at the expense of the eviction, for a maximum of two months.

Creditor ' s removal:

If the debtor refuses to release the premises, the bank may apply to the court or evict the borrower administratively with the participation of the prosecutor.

Mortgage — The Only Housing

In the case of the debtor's eviction, the creditor is not obliged to provide him with new housing, nor will the property be disposed of in favour of the creditor, even if it is the debtor's only home.

The exception is those cases where the postponement would aggravate the debtor ' s financial situation or the bankruptcy proceedings have been initiated against it.

Unfortunately, the only housing is not a reason not to leave a person on the street, but there is another link in FL 102 with the Housing Code and the Constitution.

Claim for eviction of a former member of the owner ' s family

Jurisdiction of eviction cases

The child cannot be a reason for the bank to forgive the borrower ' s debts and leave him with his apartment, and the bailiffs in the execution process will remove the children from the FMC ' s registration.

There will be no bank to provide other living conditions for a minor.

The only way out for the debtor is to recognize the debtor as poor and to provide assistance under the Government's Housing Programme. The names of projects in which the borrower may participate are determined by the local authorities.

The prosecutor shall be engaged if the eviction involves:

This does not mean that this category of citizens has a mortgage; they are simply members of the main borrower ' s family and live with him in an apartment.

Mortgage is an integral part of people ' s lives around the world, and most citizens will not be able to buy separate housing without the participation of banks.

But you have to use it very carefully, you have to keep your property safe from the highest possible number of cases, you have to calculate your budget, and you have to keep an eye on the timely payment, and then the problems of eviction will not affect you and your loved ones.

It matters!Housing-related problems fall under the category of complex cases.Please consult for free.with the experts of our Legal Centre

Eviction from a mortgage dwelling: features, jurisprudence

Main Property

13.01.2022 ???? 347

The mortgage is a good example of the fact that there are still serious gaps in the legislation of the Russian Federation. On the basis of the paragraphs of the Constitution, any Russian has the right to a dwelling, but buying an apartment in a mortgage can leave him without real estate – if the loan is not paid in time. Today you and I will consider the important issue of eviction from a mortgage apartment – when and in what situations the situation is likely to be, what characteristics of the procedure are involved.

What's the mortgage called?

A mortgage is a loan that is granted over a long period of time to buy a dwelling.

The mortgage is divided into such varieties:

1. A targeted – and then an apartment is a mortgage – that is, if the contractual terms are breached or the loan is not paid, it can be taken away.
2. Unearmarked – the borrower receives money and provides an existing dwelling – that is, his own property.

All nuances will be taken into account in court proceedings.

The judiciary will necessarily take into account the following points:

1. Whether the client continues to pay his or her obligations (even with lower payments) because of his or her poor financial position.
2. If a person loses his job, he's seriously ill.
3. If measures have been taken to resolve the situation without the involvement of a judicial authority – that is, if the borrower has asked to suspend payments, restructure his loan, and so on.

Removal from mortgage housing is only possible through the courts, after proof of non-performance of credit obligations, and the financial institution applies to the court at the client's place of registration (and the claim is attached).

The algorithm for eviction from mortgage housing is roughly as follows:

1. A financial institution is trying to resolve the issue without a judicial authority – sending a notice to the borrower, trying to call, saying that there is a need to pay a loan. If there is no feedback, documentation is being prepared to refer the case to a judicial authority.
2. The next stage is the processing and submission to a court of law of a claim for recovery of debt.
3. Once the court settles the claim, the method of enforcing the penalty will be chosen – usually, the dwelling is sold, and after the tender, the money goes to repay the loan.

What can be done if you are evicted from a mortgage?

It is not very profitable for a banking organization to evict a customer and to sell a living space at a reduced price.

The creditor is trying to find a compromise, so the situation can be resolved by such means:

• The best way to solve the problem is to restructure the loan, which is used to reduce the amount of payments.
• Credit holidays are granted (for a specific period of time).
• The creditor has another chance to support the borrower – by writing off some interest, penalties, and other payments.
• If the borrower could use support from the State, special documentation could be provided; some of the credit would be cancelled by the State.

In case a home is taken away, the banking organization will spend time and energy implementing it, so this method is considered the most extreme, and it is being used as little as possible.

Attention! If the borrower's mortgage home is the only one for him, the bank's further housing issue is no longer relevant.

Features of eviction with minor children

In the case of mortgages, the eviction of a minor child is in practice carried out under standard conditions and the procedure of execution is applied and the child is removed from registration with the FMC.

Exiting from a mortgage dwelling - what do you need to know?

• Mortgage is one of the most effective ways to address the housing issue.
• But when you buy real estate by credit, you have to understand that the property is in the bank's deposit, and if the terms of the contract are breached, you can evict it.
• In what cases are they evicted from the living quarters?

When they can get out of the apartment

The house (a flat) is the encumbrance of the creditor (bank) and the bank is entitled to evict the borrower and sell the apartment.

The main breach of the bank's contractual obligations is the non-payment of the loan funds within the time limit set by the agreement. The permitted delay under the loan contract is the basis for the bank's recourse to the court, which may result in the eviction from the mortgage premises.

Debt repayment options

The debtor shall always be notified of the default before the commencement of the proceedings.

In addition, pre-trial settlement and various repayment options are generally offered:

1. Extension of the duration of the treaty.
However, the interest rate remains unchanged, but the monthly payment will be reduced by an increase in the payment period.

1. However, in order for the debtor borrower to obtain favourable conditions, there must be valid reasons.
2. For example:
   • Dismissal from work;
3. • Health problems, resulting in lower incomes.
4. Recruitment for military service is also an important reason only if it is urgent service and not a contract.

Court

If the pre-trial procedure is not determined, the bank will file a lawsuit with the court, because it is only possible to evict from the mortgage building or apartment on the basis of a court decision.

It is important to clarify that, despite the fact that the Civil Code prohibits the imposition of a penalty on a single dwelling (house, house or other), this prohibition does not apply in the event of a mortgage.

The real estate subject to the outstanding terms of the contract remains in use of the pledge holder, i.e. the bank that returns the money from the sale of the property.

"A home or apartment which is under a mortgage contract and is subject to recovery shall be sold from a tender in the form of an open auction or competition" (art. 78 of 16 July 1998 No. 102-FZ).

Which is considered to be a violation of payment schedules

A long period of delay is longer than 3 months.

If payments are delayed more than three times within 12 months, the property may be collected.

Unfortunately, the financial situation of our fellow citizens is deteriorating every year, and many mortgages are helping to purchase their own housing, but when making a mortgage, it is necessary to make a real assessment of their material capacity and to be responsible for making such a decision.

In order to avoid eviction, it would be better to seek the assistance of a specialist in the field of law in a timely manner and to settle disputes before the courts.

Source

Mortgage credit: eviction from a mortgage dwelling, procedure................................................................

In judicial practice, one of the most frequent reasons for eviction from an apartment is the long delay in the mortgage contract.

It is worth noting, however, that in this case it will not matter whether the dwelling is the only one for the borrower and his family, nor does it take into account the interests of the vulnerable, i.e. whether minor children, disabled persons, pensioners – the real estate facility, if there are outstanding debt obligations, will be seized and sold in public; the procedure for eviction from the mortgage dwelling consists of three phases:

1. The existence of an authorized delay in payment under the loan contract, under which the subject of the pledge is the immovable property being purchased.
2. Applying the bank organization to the court for a claim for payment of debt under the loan contract and recovery of the property (in particular the mortgage dwelling).
3. The court ' s satisfaction with the claims and the manner in which the immovable property is sold (generally public tendering).

In the event that the confiscated apartment has not been sold, it is transferred to the bank, which has the right to dispose of it at its discretion; when the mortgage is sold from the tender, the right of ownership shall register the winner of the tender.

78 FL 102 "On Mortgage", the application by the mortgage holder of the attachment to the immovable property, as well as its enforcement, are grounds for the termination of the right of use of the property by the pledgeor and other persons living in the dwelling which is the subject of the mortgage bond.

The new owner of the immovable property has the right to file an action with the court for the eviction of all persons living in the dwelling, regardless of their age, sex or category of benefit.

In spite of article 446 (1) of the Code of Criminal Procedure, which prohibits the imposition of a penalty on a dwelling if the debtor citizen and members of his or her family are the only ones suitable for permanent residence, this prohibition does not apply to apartments subject to a mortgage loan agreement (article 334 of the Code of Criminal Procedure).

The following factors shall be taken into account in court:

• The debtor did not refuse to perform the contractual obligation.
• The debtor lost his job.
• The debtor took steps to settle the dispute in pre-trial proceedings (written applications for deferred and restructuring of the debt were submitted).

Eviction from a mortgage dwelling: federal housing programme

The Government programme was set up to support mortgage borrowers in difficult financial circumstances and includes three projects:

1. Assistance to members of the armed forces: this is the payment of a housing loan from the special fund of the INS; in the event of the termination of the service contract, the military mortgage shall cease to be in effect.
2. Young family: Under this project, the State provides an initial contribution for the purchase of a dwelling or the possibility of closing some of the outstanding mortgage debt.
3. State assistance to victims in the event of a currency mortgage, pursuant to Government Decision No. 373 of 20 April 2015, borrowers whose income has fallen by one third are entitled to State assistance, and the following categories of citizens are included in the list:

• Veterans of combat;
• Persons with two or more dependent children;
• Persons with disabilities;
• Employees of municipal and State health-care institutions, culture, social protection, employment, scientific organizations, physical education and sports, and employees of the defence and industrial complex.

Under the terms of Ordinance No. 373 the restructuring of the loan debt is possible on the basis of an application from the debtor borrower, subject to certain conditions for the mortgage facility (location, area, value) as well as directly related to the purpose of the loan.

At the date of submission of the debt restructuring application, the mortgage delay should not be less than 30 days and not more than 120 days, and the loan should be granted no later than 1 January 2015. The assistance provided under the project implies a reduction in payments within 12 months by lowering the interest rate (not more than 12 per cent) and cancellation of part of the principal debt.

The creditor is also entitled to recover a portion of the shortfall of up to 200,000 roubles.

Mortgage: Federal Act No. 102

We have previously described in the articles the paragraphs and requirements of Federal Act No. 102 of 16 September 1998 "On Mortgage (Deposit of Real Estate)".

It is this legislation that regulates loans for real estate and controls the relationship between the borrower and the creditor, in particular the timely payment of payments and maintenance of collateral in proper condition.

Under the Act, the borrower is not entitled to dispose of the dwelling at his discretion, including that he may not sell it, give it, change it or bequeath it, unless the bank does not prohibit it.

However, the borrower has the right, without the creditor's consent, to lease the property for more than six months, with the temporary registration of the tenants, as well as to write in the area of family members and relatives (art.

In the event of breach of contract, the creditor has the right to require the borrower to pay the mortgage early and to take the collateral into its own balance sheet (art. 50 FL-102), as practice has shown, the majority of such actions take place after six months ' delay.

Removal from a mortgage dwelling: pre-trial work

It is worth noting that far from all banks are prepared to take immediate action against mortgage debtors and to seize their mortgage apartments, in most cases banking organizations are willing to meet borrowers in a difficult financial situation and offer various forms of repayment:

• Restructuring (reduction of payments through extension of credit);
• Credit holidays (exemption of payments up to six months);
• Cancellation of part of the credit debt (with the creditor ' s discretion, penalties, damages, interest may be written off);
• State support (upon the debtor ' s application).

Also part of the pre-trial work is notification of the debtor's default and further eviction from the mortgage (art. 55.2 FL-102). This is a mandatory condition for the banking organization to apply to the court, otherwise the claim may be denied.

Mortgage: Bank ' s recourse to the judiciary

After all attempts to settle the mortgage are unsuccessful, the bank applies to the district court where the mortgage is located, and generally the mortgage contract contains information on the court where the case will be heard in the event of a conflict.

The court is entitled to dismiss the claim if the amount of the dispute is less than 5 per cent of the total value of the collateral and the period of default is less than 3 months (article 54.1 of the FL-102).

Who has the right to evict a mortgage?

The removal from the mortgage dwelling may be made by both the bailiffs and the creditor itself, by a court order (article 55 of FL-102 provides for the debtor to be evicted from the mortgage by the creditor if the condition is prescribed in the contract).

In the case of the eviction of the debtor by bailiffs, FL 229 applies to the removal of the mortgage dwelling in the context of the enforcement proceedings.

107 FL-229 The bailiff must notify the debtor of the voluntary release of the mortgage apartment within 10 days of the receipt of the written notification; in the event of failure to comply with this requirement, the debtor shall be given a further period of time with an execution fee.

If the eviction is carried out directly by the creditor, the procedure is carried out with the consent of both parties; in the event that the debtor still refuses to release the mortgage, the eviction will take place in the presence of the public prosecutor ' s office, either administratively or through the court.

It matters!Any action to evict a debtor borrower from a mortgage apartment without a court decision may be challenged by the debtor in court to satisfy his claims.

If the mortgage dwelling is the only dwelling

In cases where the mortgage is the only dwelling, the creditor is not obliged to provide alternative housing for the debtor for the mortgage, even if the minor children are registered in the mortgage dwelling; in any event, the property will be disposed of in the creditor ' s favour.

Under article 54 of FL-102, the court may defer the enforcement of collateral for a period of up to 12 months on the basis of the debtor ' s personal statement and compelling circumstances.

To sum up the above, the mortgage is now almost the only solution for many Russian families to acquire their own housing, but it is necessary to approach the mortgage with full responsibility and care.

Financial disputes and conflicts can be avoided only if the budget is properly calculated, when it is necessary to ensure that property is insured against various cases, and when payments are made in a timely manner.

Out of a mortgage dwelling in 2023 — deferment, children, judicial practice

The mortgage is the main example on the basis of which there are no clear links between Russian legislation; according to the Constitution, every citizen has the right to housing, but if he or she has purchased a mortgage apartment, there is a great chance that real estate can be taken away for not paying a loan.

The only way to stay out of the street is to take advantage of one of the State's social programmes, such as the "military mortgage", the "youth family" and others.

Grounds

A mortgage is a loan granted for a long period of time for the purchase of an apartment.

There are two kinds of mortgage:

Target	In such a case, the acquired real estate is held by the bank and may subsequently be taken for debt or breach of contract
Unearmarked	Money is given to the client, and the mortgage is the apartment or property that the borrower already owns.

The basis on which a mortgage apartment can be selected is non-payment of credit.

There are several reasons for non-payment:

• The main disadvantage of the mortgage is that it is almost impossible to predict whether it will be possible to pay it in five or 10 years;
• Reduction of income from long-term illness;
• Failure or lack of understanding of the terms of the contract concluded with the bank;
• Violation of the law and long-term imprisonment;
• The death of the borrower, relatives cannot make a commitment.

In the course of the trial, the whole situation will be examined and the court will take into account factors such as:

1. Continued repayments by the borrower, but lower payments due to a difficult life situation.
2. Loss of work, long-term illness.
3. Pre-trial measures have been applied for suspension of payments, restructuring or refinancing of credit.

There is only one way to get out of an apartment purchased by mortgage and secured by the bank – if the borrower has not paid the loan for a long time – the eviction process can only be initiated by a court order and only after it has been proved that the loan has not been paid.

The bank applies to the court at the address at which the debtor is registered and the claim is filed; the mortgage contract often specifies the name of the court to which the documents will be filed in the event of delay.

The procedure for eviction from an apartment purchased in a mortgage is as follows:

• The bank tries to resolve the situation before going to court - sends letters to the debtor, calls and warns about the need to pay the loan. If the debtor ignores calls and messages, documents are prepared for submission to the court;
• A claim for the recovery of arrears shall be filed and referred to the court;
• Once the court has satisfied the claim, the method of enforcing the penalty is chosen – most often, the apartment is sold on tender.

The reason for eviction from a mortgage dwelling can only be one thing: non-payment of a loan; because the dwelling is held by the bank, for other reasons the eviction is not possible, but once the mortgage is paid, the property can be taken for other debts that are comparable to the market value of the dwelling.

What to Do When Evicted from a Mortgage Home

The bank does not benefit from the eviction of the borrower or the sale of the flat at an undervalued price.

The lender makes concessions and offers the client one of several solutions to a difficult situation:

1. The most common option is restructuring, applied when a person reduces the amount of payments, which increases the total maturity of the loan.
2. Postponement of payments is a credit holiday. For a certain period of time, the client is exempt from mortgage payments, and the payments continue in full. The maximum period of vacation is six months. To receive them, it is necessary to prove to the bank that a difficult situation has indeed arisen, for example, that the client has been dismissed from work or forced to go to long-term treatment.
3. The lender can help the client by writing off some interest, fines and other payments.
4. If the client is entitled to State support, he or she may file relevant documents and some part of the debt will be paid by the State.

• In the event that the apartment is taken away, the bank spends time and money selling it, so this option is implemented only in the most extreme cases.
• It should be understood that even if a single dwelling was purchased in the mortgage, the bank does not provide the client with a place to continue living.
• You can read about the eviction from the owner's emergency home here.

In the case of a mortgage, the child is not the reason for the eviction to be terminated, or at least suspended; specialists, using the execution procedure, remove the minor from registration with the Federal Migration Service.

The only way out of the debtor's difficult situation is to apply for public aid under the "Housing" programme, where he can expect to receive an apartment once he is recognized as poor.

A prosecutor must be involved in the eviction of a minor from the apartment and ensure that no unlawful acts are committed.

1. The removal of a child from an apartment may only be ordered by the courts, and representatives of the guardianship and guardianship authority must be present in the case, in addition to the prosecutor ' s office.
2. Although the rights of the child must be protected under the Constitution of the Russian Federation, they do not enjoy special privileges, since all citizens of the country are equal before the courts and the law.
3. Children who have not attained the age of majority are evicted from the apartment on an equal basis with adults and persons with disabilities are also subject to eviction.

Can you give me a respite?

The issue of deferment is most often raised in the pre-trial proceedings; if the client wishes to resolve the dispute and eventually pay the mortgage, the bank most often meets with him and offers different options that can be applied in a particular situation.

In order to receive a delay, it is necessary to provide the bank with documents that will confirm that the client is in a difficult life situation and that it is not possible to pay the loan.

Documents for confirmation:

1. A child ' s birth certificate is granted if the woman paying the mortgage is on maternity leave.
2. A copy of the workbook from the page where the termination of a citizen's employment was recorded.
3. Medical certificates confirming that the borrower or a close relative is in serious condition and requires in-patient treatment.

Postponement is granted only if there is effective, strong evidence that the borrower is in a difficult financial situation.

First of all, the bank will offer to change the terms of the debt repayment – for example, the monthly payment will be reduced; if the client is unable to pay even less, credit holidays are granted, during which time the citizen must be restored and continue to pay the mortgage.

Judicial practice

The courts deal with the collection of debts from the bank ' s client through the disposal of the property held on bail and the sale of the property to tender.

One of the conditions for a decision in favour of the bank is a pre-trial settlement of the situation and the absence of payments from the client within six months.

Among the documents submitted to the court, the bank provides a copy of the calls and visits to the client requesting repayment of the debt and a warning of possible eviction in the event of non-payment of mortgages within a certain period of time.

Today, socially protected citizens can seek the assistance of the State, even if the court has ruled in favour of the bank, and the apartment has been sold to tender, and the State seeks to establish a credit system that can provide housing for all citizens.

Once the decision in favour of the bank is made, the apartment is sold and the money received is used to cover mortgages, expenses, including court fees.

Exiting from an apartment is a big problem that is best avoided. If a person is unable to pay for a mortgage, it is necessary not to avoid calls and letters from a bank, but rather to make contact and try to solve the situation in a better way.

Before the trial, the client is informed that if a certain amount of money is not paid, the apartment will be confiscated and sold, and the money from the sale will be used to cover debts, interest, and fines.

Can you get out of a privatized apartment for rent debts?

How to evict a tenant from an uninhabited apartment without a trial, find out here.

The removal of debtors from the single mortgage home to the street or to the premises of a manoeuvring fund?

The question of the possibility of evicting the debtor and members of his or her family from the only sustainable premises secured by the creditor is of particular importance, as it affects the most vulnerable and socially relevant sphere of human life.

On the one hand, the legislature provided guarantees for these persons, which are contained in article 95 of the Criminal Code of the Russian Federation.

In particular, citizens who have lost their accommodation as a result of applying for recovery of these accommodations, which have been acquired from a loan from a bank or other credit organization or from a special loan granted by a legal person for the purchase of a dwelling, and are placed in the guarantee of repayment of a loan or special loan if, at the time of the recovery, such accommodation is the only one for them, have the right to reside temporarily in the premises of a manoeuvring fund, i.e. the debtor and members of their families must be evicted, not on the street, but in the premises of a manoeuvring fund.

(Appellate decision of the Jaroslav Regional Court of 29 March 2012 No. 33-1552 and of 23 July 2012 in case No. 33-3769/2012; appeal decision of the Rostov Regional Court of 25 June 2012 in case No. 33-7194; appeal decision of the Tomsk Regional Court of 10 July 2012 in case No. 33-1738/2012; appeal decision of the Supreme Court of the Republic of Chuwashia of 4 July 2012 in case No. 33-2109/2012; appeal decision of the Supreme Court of the Republic of Tatarstan of 19 July 2012 No. 33-6168/2012; appeal decision of the Samarsk Regional Court of 30 August 2012 in case No. 33-7403/2012; appeal decision of the Supreme Court of the Republic of Komi of 23 August 2012 in case No. 33-3558AP/2012; appeal decision of the Moscow City Court of 20 July 2012 in case No. 11-12044)

The reason for this situation is that article 35 of the Russian Housing Code stipulates that if a citizen ceases to have the right to use a dwelling, the citizen is obliged to release the premises in question; otherwise, at the request of the owner, he or she is subject to eviction on the basis of a court decision.

In other words, only the owner of the building is entitled to demand the eviction of debtors from a single mortgage; as long as the creditor is a pledge holder, it does not have such a right.

For example, the Orenburg Regional Court did not agree with the position of the lower court, which granted the Bank ' s claims and ordered the removal of the family of debtors from the disputed dwelling and their deregistration.

The court of first instance was of the view that the right of use of the defendant's apartment was to be terminated upon application for a disputed dwelling because the debtors had failed to comply with the terms of the loan contract under the terms of the article.

78 The Federal Act on Mortgage (Deposit of Real Estate) violates the rights of the plaintiff as the owner of the dwelling in question and as the owner of the dwelling in question.

Since the termination of the right to use a dwelling or dwelling requires not only the recovery but also the disposal of the property, since until the immovable property is sold and the ownership of the property is registered by the new owner in accordance with article 2, paragraph 2.

223. Since the bank of the disputed dwelling is not the owner of the property as the owner of the property, as set out in article 1, paragraph 3, of the Federal Act "On Mortgage (Deposit of Real Estate)"; since the bank of the disputed dwelling is not the owner of the property and the decision to apply for bail does not in itself result in the transfer of ownership of the property from the pledgeor to the pledge holder, the defendants cannot be removed from it and removed from the register. (Orenburg Regional Court ' s appeal decision of 11 September 2012 in case No. 33-5217/2012.) Similar conclusions are drawn by other courts of general jurisdiction. (Saara Regional Court ' s appeal decision of 15 May 2012 in case No. 33-4430)

The FL "On Enforcement Proceedings", i.e. if the debtor's property had not been sold from a secondary public tender, i.e. no tender had taken place, the bailiff asked the claimant to retain the property, which the debtor accepted.

If a public tender has taken place, the owner of the mortgage dwelling is the third person who has won it.

Regardless of who acquires the status of owner of the dwelling, it is logical to assume that the new owner would as soon as possible wish to free the dwelling from the residence of strangers; the right of the new owner of the dwelling to demand the eviction of its residents is regulated by article.

According to paragraph 2 of which the transfer of ownership of a dwelling or apartment to another person is a ground for the termination of the right to use the dwelling by members of the former owner ' s family, unless otherwise established by law.

292 The Criminal Code of the Russian Federation takes place without the provision of other accommodation, and the courts do not accept the reasons given by persons evicted from their accommodations for the need to provide accommodation from the premises of the manoeuvring fund.

The law enforcement authorities believe that such arguments are based on an incorrect interpretation of article 95, paragraph 2, of the Russian Housing Code, since the requirements of the owners of the accommodation are based on the provisions of articles 209, 292, 304 of the Civil Code of the Russian Federation, to which the guarantees of housing legislation with regard to the provision of a manoeuvring fund should not apply. (Decision of the Supreme Court of Baskortostan of 29 May 2012 in case No. 33-5175/2012)

In other words, the law enforcement authorities believe that, as soon as the right to own a dwelling sold from a public tender arises, the building ceases to be a mortgage and the persons living there are no longer subject to the special guarantees provided for in article 95 of the Code of Criminal Procedure.

The Magadane Regional Court noted that the argument that the court was obliged to provide their family with accommodation from a manoeuvring fund was not accepted by the court in deciding on the eviction of debtors was that, once the accommodation had been sold in public, the debtors were not included in the category of persons referred to in article 95 of the Housing Code of the Russian Federation. (Magada Regional Court ' s appeal decision of 7 September 2012 No. 33-785/12)

The Samarsk Regional Court stated the position that the defendant ' s reference to a violation of article 95 and article 106 of the Criminal Code could not be taken into account, since the legislation in force placed the obligation to provide the premises of the manoeuvring fund on the relevant municipal authorities rather than on the new owner of the premises. (Appellate decision of the Samarsk Regional Court of 28 June 2012 No. 33-6013/2012)

We believe that the courts demonstrate a fundamentally incorrect understanding of article 95 of the Russian Federation ' s Criminal Code.

The right of citizens to a temporary residence in the premises of a manoeuvring fund which has lost their accommodation as a result of the application for restitution of these accommodations, which have been acquired by a bank or other credit organization or by means of a special purpose loan granted by a legal person for the purchase of a dwelling, and which is intended to secure the return of a loan or special loan if, at the time of the recovery, such accommodation is the only one for them, arises regardless of the stage at which the eviction takes place: before or after a public tender; otherwise, the legal guarantee provided for in article 95 of the Code of Criminal Procedure loses all meaning. Furthermore, by virtue of article 69, paragraph 1, of the Federal Act on Enforcement, the application for recovery of the debtor's property includes a phase of enforcement (public bidding) and a stage of transfer of property to the applicant. Consequently, article 95 of the Code implies that the right to temporary residence in the premises of a manoeuvring fund arises from the debtor and members of his family, including through the sale of mortgage housing from the public trade or its transfer to the recoverr.