Rus Articles Journal

There is nothing to pay on a mortgage? Your prospects of

Until recently crediting of the population went over the country with great strides. Now many programs are closed or stop. But the people which decided to live on credit did not manage to pay off with debts yet, and already lost an income source. Not all, of course, but there are enough stories such.

It is good still when were on credit bought the iron, the washing machine, the TV or at least the car. Worse a situation if the borrower has a mortgage loan. Though is not present, it is worse than all subjects who acquired housing, without having behind soul of another where if something happens it is possible to return.

And here what to do if it if something happens comes? Discharged from office (read, reduced), there is no other income, and soon is not expected, and representatives of the pawnbroker (Bank) already not for the first time award your person with the attention, questioning and demanding monthly payments under the contract of pledge, and also percent for delay of not fulfilled obligation.

Of course, on a pervost it is necessary to try to cajole them all promises and to provide a lot of references - both from the former work, and from labor exchange that it is supposedly really reduced, but searching. It is necessary to show both the concern about temporary insolvency, and the burning eyes in which the bank employee has to read a sincere regret and desire to pay though now and though all sum at once - only there would be this sum.

But jokes jokes and if the situation developed in such a way that you are not able to pay yet, then even the Constitution with the article behind number 40 in which it is in black and white written that " will not help; everyone has a right to housing and nobody can be randomly deprived of the dwelling .

Unfortunately, in the legislation there are reservations which not in favor of the people who appeared in such difficult life situation.

If before Grazhdansko - the procedural code still contained a direct ban on collecting property (read, eviction) in case the premises were the only thing suitable for full-time residence by the room for the owner, then now in it very essential reservation appeared: except for property if it is a subject of a mortgage and on it according to the legislation on a mortgage collecting " can be turned; . And the accommodation fact (with a registration) will also not help now with the put apartment of children.

Thus, in case of non-performance of the obligations under the Contract of a mortgage regarding introduction of monthly payments on account of a debt the pawnbroker can be moved . It confirms also paragraph 1 of Article 78 of the Law About a mortgage (pledge of real estate) in which it is said that the address the pawnbroker of collecting on the put house or the apartment and realization of this property are the basis for the termination of a right of use of them of the depositor and any other persons living in such house or the apartment provided that such house or the apartment were put under the contract on a mortgage or on a mortgage by law in providing repayment of the loan or the target loan provided by bank or other credit institution or other legal entity on acquisition or construction of such or other house or the apartment, their capital repairs or other inseparable improvement, and also on repayment of earlier provided credit or a loan for acquisition or construction of a house or the apartment .

Proceeding from the above, Bank the apartment and to move residents having the right to sell at a non-return of a mortgage loan. Naturally, the judgment, but it, as a rule, business of time for this purpose is necessary.

And here on lips there is a reasonable question: And how the state provides to the citizens who got into a similar situation, the right to housing guaranteed by the above-stated article 40 of the Constitution?

And here the Housing Code (HC) which though consoles in the norms comes to the rescue, but for evicted persons of pleasure represents a little.

So, Article 95 ZhK Russian Federation it is provided premises from a temporary public housing for the citizens who lost premises as a result of the address of collecting on these premises which were acquired at the expense of the credit of bank or other credit institution or means of the target loan granted by the legal entity on acquisition of premises and are put in providing repayment of the loan or a target loan if at the time of the address of collecting such premises are for them only .

However it is not registered anywhere who, as well as how provides this lodging. And temporary it is because, according to the same ZhK Russian Federation and article 106, such premises are provided to before completion of calculations with the citizens who lost premises as a result of the address of collecting on them after sale of premises on which collecting " was turned; .

What further - is unknown. It is good if there are relatives having an opportunity and desire to shelter. And if those are not available? Unfortunately, a question rhetorical, and I will leave it without answer.

Council in this case will be overdue, but nevertheless: before making up the mind to such serious step as acquisition of housing on credit, think of consequences, count all possible risks. And only if you have a full confidence in the future and, actually, in an opportunity implementation of the obligation raised on itself, only then burden yourself with this hard burden.

Good luck!