Military mortgage and maternity capital to use together. Military mortgage and maternity capital. Grounds for obtaining a soft loan

Often our specialists, who help military personnel take a conscious step towards their own housing for free, receive questions about the compatibility of the Maternity Capital and Military Mortgage programs. Today we will try to give a detailed answer to this question.

Maternal (family) capital is a measure of state support for Russian families in which, from 2007 to 2021 inclusive, a second child was born (or adopted) (or a third child or subsequent children, if the right to receive these funds was not issued at the birth (adoption) of the second child).

The amount of maternity capital for 2018 is 453,026 R

Indexation of maternity capital funds was suspended in 2015. Until 2020, the resumption of indexation is not planned.

As a result of Decree of the Government of the Russian Federation No. 627 signed on May 25, 2017 “On Amendments to Certain Acts of the Government of the Russian Federation on the NIS of Housing for Military Personnel” it became possible to use maternity capital funds:

• for an additional amount as a down payment
• to repay the principal and interest on a loan(was possible before).

Matkapital funds can be used both for partial and full repayment of military mortgage obligations. You can also use any part of the mother's capital to pay off obligations, and dispose of the rest of the funds differently.

When implementing materiel funds under the Military Mortgage program, your actions must be coordinated with the creditor bank and the territorial body of the Pension Fund of Russia at the place of residence or actual residence. It is to the Pension Fund of Russia that you need to provide the necessary documents (see the list below) in order to use the funds from the mother's capital.

The main problems of the Maternity Capital program when used in conjunction with military mortgages

• to date, Bank ZENIT, and only in certain new buildings, allows NIS participants to use maternity capital funds as a down payment. At the same time, the age of the child, after the birth of which the basis for receiving maternity capital arose, must be at least 3 years old. The rest of the banks so far allow the use of mother capital only for the early repayment of military mortgages.
• upon dismissal of a member of the NIS and its inability to further independently extinguish obligations to the FGKU Rosvoenipoteka and pay a loan in a bank, this housing can be sold at an open auction. In this case, the dismissed serviceman and his family may be left without housing and, as a result, maternity capital funds.

An indicative package of documents for the direction of mother capital funds to repay the principal and interest on the loan

• a written statement of the citizen who received the certificate on the disposal of funds (part of the funds) of the MSC. The application form can be obtained from the territorial office of the Pension Fund of Russia or downloaded from the PFR website;
• certificate for maternity (family) capital or its duplicate;
• identity documents, place of residence (stay) of the person who received the certificate;
• insurance certificate of compulsory pension insurance of the person who received the certificate;
• marriage certificate - if the party to the transaction or obligations to purchase or build housing is the spouse of the person who received the certificate;
• a copy of the loan agreement;
• certificate of the creditor (lender) on the size of the balance of the principal debt and debt on payment of interest for the use of credit or loan;
• a copy of the mortgage agreement that has passed the state registration in accordance with the established procedure, if its conclusion is provided for by the loan agreement (loan agreement);
• if the facility has not been put into operation: a copy of the agreement for participation in shared construction, which has passed state registration in the prescribed manner;
• a document confirming the receipt of a loan by non-cash transfer to an account opened by the person who received the certificate, or his spouse (wife) in a credit institution.

Personal data protection and processing policy of ILIS Group LLC

This Policy for the protection and processing of personal data (hereinafter referred to as the "Privacy Policy") explains in detail, the site hosted at the site addresses (hereinafter "we", "our", "site") uses the information left by you or received during any of Your user sessions (hereinafter "Your Information"). The privacy policy has been drawn up in accordance with paragraph 2 of Article 18.1 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (hereinafter referred to as the Law on Personal Data), as well as other regulatory legal acts in the field of protection and processing of personal data and is valid in relation to all personal data (hereinafter referred to as the Data) that LLC "ILIS Group" (hereinafter referred to as the "Company") may receive from the subject of personal data during the use of the site. Your use of the site signifies your acceptance of this Privacy Policy. You are informed and agree that your consent given in electronic form on the site is a consent that fully meets the requirements of the current legislation of the Russian Federation and allows you to confirm the fact of its receipt by the Company. You give your will and in your interest consent to the processing, including the collection, systematization, accumulation, storage, clarification, updating, modification, use, transfer to the site administration, depersonalization, blocking, destruction, transfer of personal data to third parties, including, but not limited to the following personal data: full name, contact phone number, email address, name of the legal entity, individual entrepreneur, TIN, PSRN, PSRNIP, location of the legal entity and individual entrepreneur, bank details and more.

This document applies to the site. The Company does not control and is not responsible for the websites of third parties to which you can follow the links available on the website.

The Site Administrator processes the personal data contained in your information in order to fulfill the contract between the Site Administrator and the User for the provision of Site Services (see Terms of Use of the Site).

The Company ensures the protection of processed personal data from unauthorized access and disclosure, misuse or loss in accordance with the requirements of the Personal Data Law.

The Company has the right to make changes to this Policy.

Personal data (PD) - any information relating to a directly or indirectly identified or identifiable natural person, legal entity (subject of personal data).

Processing of personal data - any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with PD, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use , transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of PD.

Automated processing of personal data - processing of personal data using computer technology.

Personal data information system (PDIS) - a set of personal data contained in databases and information processing that ensures their processing using technologies and technical means.

Operator - an organization that independently or jointly with other persons organizes the processing of PD, as well as determines the purposes of processing the PD to be processed, actions (operations) performed with personal data. The operator is ILIS Group LLC, located at the address: 115054, Moscow, st. Dubininskaya, d. 57, building 1, E 2, room. I, K 7, office 30B.

You have the right to access your PD and the following information:

– confirmation of the fact of PD processing by the Operator;

– legal grounds and purposes of PD processing;

– purposes and methods of PD processing used by the Operator;

– name and location of the Operator, information about persons (excluding employees)

- terms of processing PD, including the terms of their storage;

– the procedure for exercising by the subject of personal data the rights provided for by the Law on Personal Data;

- the name or surname, first name, patronymic and address of the person processing PD on behalf of the Operator, if the processing is or will be entrusted to such a person;

– contacting the Operator and sending requests to him;

The operator is obliged:

- in cases where the PD was received not from the subject of the PD, notify the subject;

- in case of refusal to provide PD, the consequences of such refusal are explained to the subject;

determining its policy regarding the processing of PD, to information about the implemented

requirements for the protection of PD;

– provide answers to written requests and appeals of PD subjects, their representatives and the authorized body for the protection of the rights of PD subjects.

All information is collected in three ways.

First, browsing our site will cause our software to create a number of "cookies" (small text files that are downloaded to your browser's temporary files folder). "Cookies" contain an anonymous session identifier ("session-id") automatically assigned to you by the site software, as well as information about the forum topics you have read, thus improving your user experience.

Secondly, the site is connected to the automatic service Yandex.Metrika and Google Analytics, which read the parameters of your visit to the site. We need these services to analyze the problematic, incomprehensible and bottlenecks of our site, identify difficulties in the operation of the site, as well as localize possible errors.

Thirdly, the site programmatically implements the possibility of submitting the following applications:
discount request;
request for a consultation;
request for feedback;
other application forms.

By entering your phone number, you automatically agree to send the entered data to partner organizations, to receive SMS messages with information that is important from the point of view of the site administration about the Savings and Mortgage Housing System for Military Personnel, including information about current discounts and special conditions. If you want to unsubscribe from this mailing list, you must fill out an application in any form using the feedback form.

The processing of personal data is carried out:

- with the consent of the subject of the PD to the processing of his personal data;

- in cases where the processing of PD is necessary for the implementation and fulfillment of the functions, powers and duties assigned by the legislation of the Russian Federation;

- in cases where PD is processed, access to which is granted to an unlimited number of persons by the PD subject or at his request (hereinafter referred to as personal data made public by the subject of personal data).

Purposes of PD processing:

– implementation of civil law relations.

PDs of the following subjects are processed:

– any individuals and legal entities.

The Company shall not be liable for any harm or loss caused to you arising from inaccuracies or errors in the information provided on the website. The Company shall not be liable to you for non-receipt of any information due to preventive or other technical work on the site. Stored PD of subjects that can be obtained can be further processed and transferred for storage both on paper and in electronic form.

PD recorded on paper are stored in lockable cabinets or in

locked rooms with limited access rights.

PD of subjects processed using automation tools for various purposes,

are stored in different folders.

It is not allowed to store and place documents containing PD in open

electronic catalogs (file hosting) in ISPD.

This Privacy Policy is posted on the site, changes to the Privacy Policy are made by posting a new Privacy Policy on the site and takes effect from the moment it is posted on the site, no additional notice of changes is required.

The average age of a member of the NIS is 26-30 years. According to statistics, among the participants in the state program who bought real estate under the Military Mortgage program, 80% of the total number are married servicemen.

Approximately half of the servicemen have a child, and about 30% are already parents of two children. Accordingly, at least a third of the participants have mother capital funds at their disposal, as well as those who have one child and are planning a second one will be entitled to mother capital. Therefore, one of the frequently asked questions is whether it is possible to combine Maternity Capital and Military Mortgage. To understand this issue, you need to know what these state support programs are.

Decree 627, which entered into force, allowed NIS participants to use the funds of maternity (family) capital in military mortgages.

In the Federal Law regulating the operation of the NIS program, Part 1, Art. 11 states - housing purchased using the funds of the CHL is registered in the ownership of the state program participant.

At the same time, Part 4 of Art. 10 of the Federal Law on mother capital, housing purchased using mother capital is registered in the common shared ownership of parents, children (both existing and all subsequent ones) with the determination of the size of the shares. Part 6 of Article 10 of this law provides for the possibility of using maternity capital to repay a mortgage loan.

Recall that in the event that a soldier participating in the state program acquires real estate with a mortgage loan, it is encumbered in favor of the bank, until the debt is fully repaid under the loan agreement and in favor of the Russian Federation, until"rights ".

Combination of maternity capital and military mortgage

According to the updated Rules, NIS participants are allowed to use maternity (family) capital in military mortgages not only as a means of partial or full repayment of loan obligations, but also as a tool to increase the value of purchased real estate.

However, as of the beginning of 2018, only the Bank « ZENITH» allows military personnel to use the mother's capital as a down payment precisely to increase the cost of an apartment purchased by NIS participants. The rest of the partner banks of Rosvoenipoteka allow the use of mother capital specifically for the early repayment of military mortgages.

NIS partner banks provide for the possibility of early repayment of the Military Mortgage, both full and partial. Military personnel can use maternity (family) capital as a source of repayment of mortgage obligations.

It is worth noting that when submitting a package of documents to the Pension Fund of the Russian Federation, the serviceman draws up a notarized consent that within 6 months after the removal of all encumbrances from real estate purchased under the Military Mortgage, he undertakes to allocate shares in this apartment to his wife and all available for that moment for children.

In any case, the early repayment of the Military Mortgage by mother capital must be agreed with the bank and the Pension Fund of the Russian Federation.

The use of mother capital in the Military Mortgage is a rather controversial issue. On the one hand, the use of these funds to pay off the Military Mortgage provides the spouse and children with the opportunity to receive shares in this housing, protecting them from the prospect of being left “without a corner” in the event of a divorce.

On the other hand, when a serviceman is dismissed “without the right” and there is no possibility to repay the debt under the Military Mortgage, to the bank and Rosvoenipoteka, debt collection is carried out in court. By a court decision, this property can be sold at an open auction, and all family members can be left without housing, in which the mother's capital was invested.

Cumulative mortgage lending allows (officers, midshipmen or ensigns) to solve their housing problems before the end of the service.

And the combination of this program with those allocated by the government to all families raising 2 more children (the birth of the 2nd child occurred in 2007 and later) significantly reduces the period for obtaining an apartment in ownership.

How to formalize the union of these 2 programs?

Legislative aspect of the issue

Is it possible to combine programs that contradict each other?

Federal Law No. 117 of 2004 on the funded mortgage system states that only the participant of the program can be a full owner of housing acquired with state support.

At the same time, 256-FZ, dated the end of 2006, “On measures of additional support for families raising children,” states that buying an apartment using maternity capital funds involves registering common shared ownership, both for parents and for each of them. Article 10 of this regulatory document gives the right to use public funds for repayment.

Exactly these conflicting definitions prevent family servicemen raising 2 or more children from taking advantage of both government programs.

By the way, this is not surprising, because the legislator simply protects the interests of each of the participants: the Pension Fund takes care of mothers and children, and a military mortgage cannot expand the circle of owners of living space, since the apartment belongs to the bank and the state until the last moment.

But, this problem is completely solvable! To do this, a serviceman (owner of an apartment) must simply submit to the Pension Fund office notarized commitment about what will be done between family members within six months. This period is enough to fully return the borrowed funds and draw up documents.

In general, maternity capital can be repaid a military mortgage, although it will have to go through numerous bureaucratic approvals, but it is practically impossible to use state assistance for a down payment when registering papers, within the framework of the current legislation.

FGKU "Rosvoinipoteka" has already drawn attention to the problematic combination of the above programs, so in the near future, for sure, more convenient options for their use will appear.

Terms and methods of sharing

The provision of a military mortgage loan allows military personnel to acquire their own housing on preferential terms before they can leave the personnel.

To use this privilege, all you need to do is 3 years of experience.

One of the primary areas of use of maternity capital is the acquisition or expansion. For example, you can spend it on a down payment or pay off part of the debt.

In this situation, the question of whether it is possible to combine a military mortgage loan and a program to support families raising 2 or more children looks quite logical. Yes, the union has become possible since 2012.

The maternity capital used to pay off the mortgage debt turns into the following positive moments:

• quick removal of the encumbrance from the acquired apartment, which in turn means that the owners will be able to enter into legal rights earlier and carry out any real estate transaction if necessary;
• the state does not suspend the funded system even after the first mortgage is fully repaid, that is, it will be possible to buy other housing on the terms of a military loan;
• blocking illegal ways of using state-allocated funds.

The maternity capital participating in the repayment of the military mortgage debt requires the allocation of a share of the property to each of the spouses and their children.

Combination of these 2 programs perhaps, since the financial assistance allocated by the state at the birth of the 2nd child is allowed to be spent on expanding housing space. These funds can advance a mortgage loan or partially repay the debt.

Many families ask the following question: is it possible to fully repay a military mortgage with maternity capital? Yes, but only if the debt does not exceed the amount of the subsidy.

The combination of military mortgage lending and maternity capital is possible only if compliance with the following conditions:

• military experience in duration is at least 3 years;
• residential space acquired with the help of a military mortgage loan is located in the vastness of Russia;
• maternity capital can be used by those couples who have sealed their relationship in an official manner.

What documents need to be provided

To save your own time and nerves, you need to carefully study the list of documents required for the joint use of a military mortgage loan and maternity capital.

The procedure for confirming compliance with both types of state support involves collection and provision of the following types of papers:

Any way to combine a mortgage loan provided to military personnel and a maternity payment requires the close assistance of such government agencies and organizations as: the defense department, the Pension Fund and those who issue credit funds.

The direction of maternity capital for a down payment on a military mortgage is possible only with the consent of the financial institution and the defense department.

But in order to repay the rest of the debt with the above funds, the relevant documents and application should be sent to the bank and the branch of the Pension Fund.

Registration procedure

In accordance with the legislation in force in the current year, a soldier can apply for a military mortgage in the amount of no more than 2400000 rubles.

At the time when the loan agreement will be drawn up, the future borrower must consistently fulfill following list of actions:

AT loan agreement there are no restrictions on the source of funds used to repay principal and interest. It is not important for the bank where the family of a serviceman will seek funds to fulfill their obligations. That is, the use of additional sources of financial resources is not prohibited.

To pay off a home loan serviceman by means of maternity capital, it is necessary to carefully study a number of features:

1. The mother's payment can be used both at the beginning of the journey and at the end (we are talking about the down payment and the complete closure of the loan).
2. The state support program for families raising 2 or more children requires registration of a share of ownership for all family members, including minors.
3. The combination of 2 programs is possible only if the 2nd child was born or in the family of a military man.

Use Certificate allowed regardless of which bank issued the war loan.

The following situation is not at all uncommon: a military mortgage is issued in one credit institution, and maternity capital in another. In this case, how to combine funds to pay off the debt? Budget allocations are allocated by the Pension Fund, after the verification of the submitted papers is completed. The most important condition for the provision of material support is compliance with the requirements prescribed in Federal Law No. 256-FZ. Accordingly, having a home loan is an excellent basis for allocating funds.

Maternal capital cannot be used to obtain a mortgage loan if there is no official registration of marriage. This additional measure was introduced in order to reduce the likelihood of fraud. And the union of 2 programs certainly excludes deceit, since an equal distribution of shares makes such actions meaningless and unprofitable for each of the parties.

Sometimes there are situations when the payment for the birth of the 2nd child is enough to fully repay the debt on the loan. It is recommended to use the following calculation method: balance of debt = maternity capital + 3 mortgage payments . This is necessary so that there is no excess, as it can result in misuse of funds.

The procedure is controlled by both the bank and the Pension Fund, but you still need to remember this. The presence of a minimum three-month supply is necessary in order to issue papers.

There is an erroneous opinion among citizens that if you increase the down payment through maternity capital, then the total amount of the loan will also become larger, as is the case with expanding equity when applying for an ordinary mortgage loan.

The bank usually does not agree with such conditions, since it takes about 3 months to wait for state support for families raising 2 or more children. Although theoretically such a mechanism is not prohibited by law.

For sharing the two programs, see the following video:

Currently, military mortgages are a priority in solving the housing issue, which, as always, is acute for everyone who serves the country's security.

military mortgage- accumulative mortgage system, thanks to which military personnel are provided with housing. Since 2005, in order to participate in the military mortgage program, military personnel can submit a report on inclusion in the register in order to become borrowers under this program. This gives them the right to receive a subsidy from the state for the purchase of real estate.

Subsidy- not a one-time payment, but funds received in the form of annual payments to the account of a serviceman, which after some time accumulate on the account in an amount sufficient to purchase real estate. The funds are transferred by the Ministry of Defense of the Russian Federation. Before you use the loan program for military personnel, you need to make sure that the selected bank works with this program.

Many military families, receiving a military mortgage subsidy, expect to repay the loan with maternity capital if a second or subsequent child is born in the family. Use maternity capital for military mortgages possible in two directions:

• To repay a previously issued loan for the purchase or construction of housing (for this there is no need to wait for the child's three years of age, in connection with the birth of which the right to family capital arose);
• To make a down payment on the loan (in this case, the child, in connection with whose birth the right to family capital arose, must be three years old at the time the funds are used).

Features of the use of maternity capital in combination with a military mortgage

It is important to note that when registering housing purchased under a military mortgage, the premises are immediately registered as the property of a serviceman. However, when attracting maternity capital, the premises must be registered in the ownership of all family members of the serviceman, namely, his wife (wife) and children.

Conditions for the repayment of a housing loan by family capital for the purchase of housing under a military mortgage

1. Compliance with the “three years” rule when allocating capital for a down payment on a loan.
2. The family must live in a registered marriage.
3. Acquired housing must be located on the territory of Russia.

Documents for directing capital to a military mortgage

A family of military personnel must have the following documents in order to direct maternity capital to pay off a military mortgage:

1. Certificate for maternity capital;
2. A copy of the loan agreement and a creditor's certificate of the balance of the debt (when repaying a previously issued mortgage);
3. Preliminary agreement for the provision of a loan (when directing capital to make an initial contribution);
4. Obligation to formalize the acquired housing in the common ownership of all family members;
5. Documents proving the identity of the applicant;
6. Documents confirming the Russian citizenship of the applicant and that child, in connection with the birth of which the right to family capital arose;
7. Birth certificates of all children in the family.

The legislative framework

It is important to list the laws governing legal relations for the use of maternity capital for military mortgages:

1. Federal Law No. 117-FZ dated August 20, 2004 "On the accumulative-mortgage system of housing for military personnel"(Law on military mortgage);
2. Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children"(Law on maternity capital).

Decor

All procedures are carried out in close cooperation with the defense department, the Pension Fund of the Russian Federation and the selected credit institution. When directing capital to repay a previously issued housing loan, you must first settle all issues with the bank, and then apply to the Pension Fund with an application for the use of capital for a military mortgage.

Military mortgage is a relatively new and promising mechanism for the acquisition of housing by military personnel, which has replaced the system of in-kind issuance of apartments. The Military Mortgage program is based on a mortgage lending model with accumulation elements. A serviceman, having become a member of the accumulative mortgage system (NIS), already in the 4th year of service, has the right to use the funds accumulated in his personal account as a down payment for purchased housing. If the military mortgage mechanism has been operating since 2005, then the use of maternity capital as a means of repaying part of the military mortgage debt became possible relatively recently. Recall that in accordance with the family support program, maternity capital is issued for the second or third child and can be used to improve the living conditions of the family.

Military mortgage and maternity capital- these are two different government programs initiated by two different departments, but basically having the same goals - improving living conditions.

There are no legislative restrictions on combining maternity capital and military mortgages. Accordingly, according to the law, the family of a serviceman has the right to use both tools to solve housing problems on favorable terms. However, in practice, the use of two tools at the same time has encountered some contradictions.

Ways to use maternity capital

At the moment, there are two possibilities for using maternity capital in military mortgages:

• as repayment of part of the military mortgage debt;
• as a down payment for purchased housing on a military mortgage, provided that the use of the certificate is possible after 3 years from the date of its receipt.

If the first method is widely used and the procedure for its implementation has been worked out, then the second method is practically not used, but due to its demand, FGKU Rosvoenipoteka is currently considering this issue.

Consider the procedure for implementing the first method in the current conditions.

Step-by-step instruction:

1. a military spouse, having in his hands a certificate of a participant in the savings and mortgage system, applies for a loan to a bank operating under both programs, chooses housing and draws up a military mortgage;
2. the wife of a serviceman, having a certificate of maternity capital in her hands, starts this process by submitting an application to the Pension Fund.

The term for consideration of the application may take about a month, upon receipt of a positive response, you should:

• notify the bank of the intention to direct maternity capital funds to repay the debt on the current loan;
• also notify FGKU "Rosvoinipotek" about the repayment of part of the loan at the expense of maternity capital.

Features of combining maternity capital and military mortgage

When purchasing housing on a military mortgage, a serviceman becomes the sole owner of real estate, this condition is mandatory in accordance with current legislation (No. 217-FZ). While the use of maternity capital to repay a mortgage is regulated by No. 256-FZ, according to which it is mandatory to register common shared ownership of all family members, including children, in equal shares. And this contradiction makes it difficult for the family of a serviceman to use two state programs at the same time. It is clear that the legislators of both programs, in this way, are trying to protect the interests of their participants - the Pension Fund of Russia protects the rights of mothers and children, and the FGKU "Rosvoenipoteka" limits the number of homeowners, since housing does not actually belong to the military until the full repayment of the mortgage and is located in a double encumbrance - from the bank and the state represented by FGKU "Rosvoenipoteka".

But, nevertheless, one of the ways out of solving such a controversial problem is to provide the military personnel, as the owner of housing, to the Pension Fund with a notarized obligation to give all family members equal rights in common shared ownership within 6 months. This becomes possible after the full return of borrowed funds.

Summing up, it is worth noting that if the procedure for using maternity capital funds as a repayment of part of the military mortgage debt has been worked out in practice, although it is associated with numerous bureaucratic approvals, then the use of maternity capital as a down payment when applying for military mortgages under existing programs is in force. legislative contradictions is almost impossible.

Of course, the procedure for using maternity capital for military mortgages needs to be seriously improved, and given that this issue has already been adopted by Rosvoenipoteka, we should expect more convenient options for using both state programs at the same time.