How to invest maternity capital in a mortgage: conditions and documents

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

How to invest maternity capital in a mortgage? The question, as they say, is relevant, since not everyone knows the features of the procedure, therefore, they often receive refusals. If you read our article, you will be able to use capital without any problems. Let's start with the main one. What is family equity?

Concept

Before investing maternity capital in a mortgage, you need to at least have a general idea of what this procedure is.

For some time now, maternity capital has been paid in our country for the birth of a second or next child. Only people who gave birth or adopted a child after 2007 can count on the subsidy. What is maternity capital? In fact, this is material assistance from the state, which can be spent only for certain purposes. It is important to understand that only the parents or guardians of the child can dispose of it.

Sometimes you can hear that the capital is issued after each birth, but this is not so. It is paid once in a lifetime, regardless ofhow many more children were born or adopted.

If the mother cannot receive the capital, then this right goes to the father. This applies to situations where, for example, a woman dies or she is deprived of parental rights.

In cases where parents cannot receive subsidies or have been deprived of this right, the child receives the money himself, even if he is a minor.

What can I spend on

How to invest maternity capital in a mortgage and is it legal? Yes, it is quite. The government has set targets for which the subsidy is allowed to be spent. Among them:

1. Improving living conditions. It is allowed not only to buy housing for mother capital, but also to use it as a down payment when applying for a mortgage or as a partial repayment of a housing loan.
2. The accumulation of the mother's pension. The entire amount can be put into the woman's retirement account. Although this is provided for, few people dare to dispose of maternity capital in this way, because it is not known what will happen tomorrow with finances and legislation.
3. Education of the child. This refers to the education of both older children and younger ones. A small number of mothers also spend money on education.
4. Purchasing a car if there is a family need for it. The use of maternity capital in this way was allowed relatively recently. It is not known how many successful acquisitions have already been made, so for now people are wary of the possibility of buying a car.
5. Adaptation of a child with special needs in society. This includes spending on services or facilities that they cannot live without.dispense with children with physical or mental disabilities.

As you can see, there are quite a few ways to spend maternity capital, the main thing is not to forget that criminal punishment is provided for misuse.

If everything is more or less clear with the intended use, then the dilemma regarding how to invest maternity capital in a mortgage raises many questions.

Down payment

Most recently, the Government has expanded the possibilities of using subsidies. Now you can take a mortgage with maternity capital as a down payment. This will help families who cannot raise money for the first payment, they will not have to wait for the child's third birthday.

But not everything is as simple as it seems. The amendments were adopted in order to increase the number of mortgage loans, but something went wrong, and the expected growth did not happen. The reason was that people faced some difficulties. The fact is that the representatives of the Pension Fund have not yet determined where in this case it is necessary to transfer money - directly to the seller or to the bank. If you transfer money to a lender, then this is no longer a mortgage with maternity capital as a down payment, but a full payment for the loan. Logically, you need to transfer money to the seller, but the Pension Fund is against transferring money to individuals before the child is three years old.

It turns out that an ill-conceived legislative framework only complicates the registration of a mortgage with the firstcontribution - maternity capital. The problem was discussed several times at the round table, but no major changes were made.

Only some banks are ready to credit maternity capital funds as a down payment. But in order for the transaction to take place, certain conditions must be met:

1. The initial payment cannot exceed the capital amount.
2. Housing should cost more than the amount of the loan.

Required documents

Before you pay off the mortgage with maternity capital or use it as a down payment, you need to know what documents will be needed for this.

The set of papers also depends on what kind of housing is being purchased, the differences in the documents are insignificant.

So, in order for the loan to be issued, it is necessary to collect documents:

1. Application for capital transfer. Be sure to indicate that the money will be used to improve housing conditions.
2. Passport of a person applying to the PF. It should have a registration mark.
3. In case of transfer of documents to the Pension Fund by a trustee, it is necessary that the latter has a power of attorney and a passport with him.
4. If a spouse issues a mortgage, he must provide a certificate of marriage, a passport with a registration mark.
5. Copy of the mortgage agreement that was concluded with the bank. You can also provide a target loan agreement with a consumer credit cooperative.
6. A copy of the mortgage agreement that has already passed state registration.
7. Writtenthe obligation to allocate shares in an apartment or house to all family members. This must be done no later than six months after the money is transferred by the Pension Fund, the housing is put into operation or the encumbrance is removed. By the way, the commitment must be notarized.

Additional papers

Before you pay off the mortgage with maternity capital, you need to properly collect the documents. If you are purchasing ready-made housing, then you must also have a copy of the sale and purchase agreement and a copy of the certificate of ownership.

When a mortgage in Sberbank or another bank is taken for shared construction, it is necessary to provide an agreement on shared construction. The document must contain a mark of re-registration. You also need a bank statement with the amount paid as a payment under the contract.

Mortgages in Sberbank can also be issued for the construction of your own housing. Then it will be pledged, and the Pension Fund will need to provide a copy of the building contract and a copy of the building permit.

Loan repayment

The matter is not limited to the first contribution of maternity capital to the mortgage, you can use the funds to pay off interest on the loan or its body. To do this, housing must meet the criteria:

1. A person can only buy property in Russia.
2. The apartment must be in the status of a dwelling.
3. The area of the apartment should be such that each family member has enough space.

But for thatto conclude a mortgage agreement using maternity capital, it is not enough to meet these three conditions. Banks put forward their own requirements, which are worth considering in more detail.

Bank Criteria

The pledge of the transaction is compliance with bank requirements. This includes:

1. Good credit history of the borrower.
2. Work experience of at least six months in one place.
3. Stable family income. You need to confirm this with the help of documents.

An important point is that the maternity capital on account of the mortgage can be paid only if the living space is issued to all family members. Minor children should also receive a share.

In addition to the requirements for the borrower, there are criteria for housing. They are worth considering in more detail.

What housing should be like

Sometimes another question arises regarding the investment of maternity capital in a mortgage: what documents must be provided if the housing does not meet the standards established at the legislative level? The answer is simple - none: the house (apartment) must comply with the stipulated parameters.

So, it is forbidden by law to buy with maternity capital:

1. The building is more than 50% worn out.
2. Emergency or dilapidated buildings.
3. Dachi. Here it is worth explaining that some cottage-type houses do not have all the conditions for a comfortable stay. Lack of a bathroom or electricity would be reason enough for the Pension Fund to refuse.

What to contact the PF with

How to use maternity capital for a mortgage is already clear, but what to do after all the papers in the bank are issued? You need to go to the Pension Fund and declare your desire to use the capital. In this case, you must provide a list of documents:

1. Mother certificate (both original and copy).
2. Certificate confirming family income.
3. If the maternity capital has already been partially spent, then you need a certificate of the balance.
4. Passport with registration mark.
5. If a mortgage is taken with co-borrowers or guarantors, then their data and documents are also needed.
6. Real estate documents.

In addition, the PF will require birth certificates for children and a copy of the mortgage agreement if the loan has already been taken.

In order for the Fund's employees to transfer funds, you need to take care of a bank account. If it is, then its details are needed, and if not, it will be necessary to open an account with the bank from which the loan was taken. Without an open account, you will not be able to receive money, because maternity capital cannot be cashed out.

Military mortgage

Is it possible to use maternity capital for a military mortgage? Of course, yes, but it is important to remember the features of such a procedure. If a military man buys a living space with a mortgage, then he can only arrange an apartment for himself. It seems to be contrary to the requirements of the Pension Fund, but in this case there is an exception. When an apartment is bought with a mortgage and people want to use itcapital, then in this case the living space is issued to all family members. This is done as follows:

1. The military man draws up a mortgage for himself, respectively, the apartment is completely owned by the borrower.
2. Then the documents are submitted to the Pension Fund along with a receipt. It should indicate the obligation to eventually re-register the apartment for all family members.

Some nuances

How best to invest maternity capital in a mortgage - everyone decides for himself. The main thing is to remember that the legislation clearly regulated where these funds could be spent. Very often, people do not know how to properly manage a subsidy, and are very surprised when they are denied a transfer of money. To prevent this from happening, we will immediately explain some differences in situations that are similar at first glance.

1. If it was not a mortgage loan, but a consumer or any other loan, then it will not work to use the subsidy. Only a mark in the loan agreement that it is targeted allows you to manage the money.
2. You can't spend capital on home renovations, but you can spend money on renovations. That is, you cannot change the furniture in the apartment, but you can move one of the walls.
3. If you decide to build a house, then capital can only buy materials, but they cannot pay for construction work.

How to invest regional maternity capital in a mortgage? According to the above scheme, unless, of course, the procedure is denied. But what could be the reasons for refusal?

Why was denied

Sometimes it happens that the use of maternity capital is denied. This can be done by both a banking organization and the Pension Fund. As a rule, banks practically do not interfere with the procedure, because it makes no sense for them to refuse state money. For a lender, only advantages are hidden in obtaining capital, such as an increase in capital turnover, a decrease in credit risks and the formation of a reputation. Therefore, with a high probability we can say that the bank will be on the side of the borrower, unless he has serious inconsistencies.

As for the Pension Fund, there may be problems. The government obliged him to control the expenditure of public funds. For this reason, at the slightest doubt, the Foundation refuses people. Documents are considered very scrupulously, and any doubts that arise are interpreted not in favor of the applicant. But not everything is so sad, there are reasons that are approved at the legislative level. Among them:

1. An error was found in the prepared documents. The same applies to the application for maternity capital.
2. Incomplete package of documents.
3. Situations where parents are deprived of parental rights.
4. Guardianship authorities restricted the applicant's rights to dispose of capital.
5. The applicant committed unlawful acts against his own child.

All reasons can be divided into two groups, where the first is a change in the circumstances of the case, and the second is errors in the implementation of the application procedure.

How to act

In different situations, you can act differently. When documents are returned due to a violation of the regulations, then you should not argue with employees. They consider a lot of applications every day and it is quite possible that they are right. Try to fix all the shortcomings, and not download your rights. In the end, it's better to save your nerves, money and time.

If the refusal occurred due to changed circumstances, then a lot depends on who is right. You can fight for your own rights, for example, sue to cancel the decision of the guardianship authorities or re-recognize parental rights.

If the truth is on your side, then stand up for your rights in every possible way. An excellent option would be to appeal the decision to higher instances of the Pension Fund, litigation, and attract public attention. In this case, you will be able to influence employees and get the necessary money. It is not necessary to act on your own, it is much more convenient to contact an experienced lawyer.

Conclusion

As you can see, in order to use maternity capital in a mortgage, you need to go through many obstacles and at the same time arrange everything correctly. It is understandable, because the state does not want to waste its money. Alas, in our country people are trying in every possible way to fool the Government. Maybe for this reason the Pension Fund is too categorical.

But you will not run into problems if everything is done correctly and on time. In this case, the employees of the Pension Fund will accept your application and will not be able to refuse.

Not worth ittry to deceive the state, because sooner or later all schemes for cashing out funds are opened, and violators are punished. It is better to use funds honestly than to play games with the law.

In any case, only friendly communication with PF employees will bring the desired result. Because in many respects it depends on them how much time you spend on paperwork and how quickly you receive maternity capital.

Do everything right, in accordance with the letter of the law, then you won't have to sue or prove your rights in any other way. Good luck decorating!