Bankers - to the mortgage borrower: “ you do not want to pay more? Release apartment! “
to become the proprietor of habitation - pleasant enough sensation. But many, especially those who has bought apartment on tick, too early rejoice - after all nominally the apartment yet does not belong to them. « publishes a sad story of one of our readers on which place there can be any.
« WANTED to LIVE NEAR WOOD »
Sergey Vinogradov from Penza lives in Moscow about 10 years. « has come in large numbers » as speak. At first developed the business, and in 2006 has passed to work in the large company. Here then has reflected on the apartment. Especially good post and the stable salary allowed to solve a housing question.
- I from the very beginning considered only new buildings for MKAD, - Sergey shares. - wanted to live near to wood, and the prices in Moscow suburbs much more low, than in Moscow.
In the end of 2007 - go Sergey has found, how it seemed to it, an ideal variant. The three-room apartment in already constructed new house in a city Visible all for 3,9 million rbl. was conceived as a destiny gift. And the price low, and before work no distance, and a family in delight. Here only, as well as all new buildings, the pair of banks financed this house only. Among them (we name it conditionally) Capital bank of upgrade and development (SBMR).
negotiations with the builder and bank have passed successfully, the credit to Sergey have countenanced. But during signing of documents the word « has unexpectedly emerged; the bill »...
- and it is the scheme such, - the representative of the builder has explained. - before registration of the property right we to you should write out any document on apartment. Here the bill will be it also. But you do not worry - all so work.
In Sergey`s bank too have calmed.
- do not worry, - has told the manager. - In one and a half year we will renew the contract, we will lower to you the rate, the bill for the certificate on the property right we will exchange - purely technical operation.
But about any renewal in the speech contract was not. As has guarded Sergey. But to change conditions in bank have refused.
- the Contract typical, all sign, - has shrugged shoulders the manager. - do not want, as want. At us turn on apartments. And in 2 weeks the builder raises the prices. Solve...
like solid bank, keys from apartments already give out, and the prices in the market grow every day. What to do? Sergey has signed the contract, hoping for the best. That bank and the builder will not deceive. A month later it has received flat keys and together with the wife and 2 daughters (from them year was younger all) has celebrated house warming.
CRISIS also HAS come...
Idyll has lasted not for long. Has passed all half a year - and at first Sergey have reduced on work, and then have called from bank. « purely technical renewal » it has appeared high-grade reception of the credit under new rates, already crisis. Instead of 15,5 % to Sergey and other borrowers have suggested to pay under the rate of 20 %.
Though to all who bought apartment on tick, promised another: receive the property right, the rate there and then will fall to 13 %. But promised it only in words and in advertising of mortgage products of bank. In the contract on it words (remember, « do not want - do not sign »?) . Here also have rolled out a new bill - instead of monthly 47 thousand roubles to Sergey have suggested to repay on 60 thousand roubles.
- the Majority of my neighbours have moaned, but have agreed, - Sergey tells. - in other situation I too would not began to argue. But such money at me was not. To bank spoke: « At me children ». On what responded me: « And at us crisis! »
to Agree on - good with bank it has not turned out. With the problem client did not begin to stand on ceremony. You do not want to pay under the new rate - from apartment. As the formal occasion at bank was - a source of incomes at Sergey then was not.
It needed to go to court only. But after consultations of lawyers he has understood, in what the artful scheme which has been thought up by bank and the builder consisted. It has appeared, legally any rights to a living space it on a broader scale never had and has no!
MOST « FAIR » COURT In the WORLD
In bank to Sergey`s threat have reacted easy: « All of you equally will prove nothing! » lawyers of bank and the builder have taken of a defensive position: a pier, about any apartment and speech was not.
Under their version leaves that Sergey wanted to get at the builder only a security (that bill). And that it to buy, has got into debt to bank. And then has pawned the bill to bank. As a result of all smart operation of the bill at it is not present (that is for the sake of what, under the bank version, it and took the credit), but there are mullions-strong debts. From the point of view of the law all is logical. Here only the common sense is absent at all. But, probably, in court it is not a priority by a legal investigation.
- the Judge speaks: « Well anybody sticks did not beat him, did not force to sign the contract?! » - Sergey Sofia`s lawyer speaks. - and if something did not understand, could ask lawyers. In general, insists that he the fool.
That is written in this ill-fated contract? On papers the credit Sergey took all for 1,5 years. During this term he should pay regularly on 47 thousand rbl. a month, and in the end - completely to give the debt rest. About a mortgage for 20 years (on what, actually, he also counted) in the contract, and truth, words. And any obligations of bank on contract renewal. Present, the person has grown roots, has made repair, has placed children in school and a kindergarten, and here on you - conclude the new contract on which either pay it is more, or move down! The bank has created such conditions to borrowers that it can twist nuts somehow - « to disappear with it there is no place ».
- if not crisis, we all promises (on rate decrease. - a comment red.) Have executed, - justify in SBMR. - But the bank too has got to a critical situation.
- If to me about this scheme have right at the beginning told, I in life would not began to take from them the credit, - Sergey speaks. - they, to the contrary, all time said that it is not necessary to worry, it only formality.
- My client have misled, - the lawyer speaks. - to it promised to give the credit for 20 years on one conditions, and in the contract text have registered absolutely other things.
That proves, what Sergey have cheated? Monthly payment. The sum of 47 thousand rbl. if for 1,5 years it needed to return to bank more than 3,5 million whence undertook?! We take any mortgage loan calculator (they are accessible in the Network) and we will enter the initial data: term - 20 years, the sum - 3,569 million rbl., the rate - 15,5 %. All calculators will give out about the same figure - it is necessary to pay on on 47 - 48 thousand rbl. a month. That fact that the credit paid off for term in 20 years, it is available.
have misled not only Sergey, but also its neighbours - borrowers SBMR.
are there were cheap apartments for those times, - Olga (the name is changed) explains. - And managers in bank explained that it is the real mortgage. All of us were in shock when in 1,5 years it was found out that we took « the credit for the bill ». In words to us told one, and in the contract absolutely another have registered. Never thought that the bank will deceive. And it has appeared that nobody can be believed - all their unfounded promises should be fixed on a paper.
Olga has agreed on new conditions of bank - « there was no place to disappear ». But now, having received the property right to apartment, perekreditovyvaetsja in other bank - hopes, more responsible.
« IT the PERSON With HIGHER EDUCATION?! »
In SBMR all claims deny. A pier, all borrowers knew, on what agreed.
- It the person with higher education, saw, what for the contract signed?! - Was surprised the manager in bank.
That is their comments leave a simple conclusion: credits at them are calculated on people with education not above an average which will not use lawyers and cannot understand contract details?! In a word, banal distributing.
- At them the whole staff of lawyers, - Sofia, Sergey`s lawyer explains. - they such openings will register in any contract, what even the person with profile education cannot understand all nuances. And what to speak about simple borrowers?!
On the other hand, not clearly why Sergey and other neighbours so have fondly trusted in bank. How it is possible to sign the contract in which it is in black and white written, what it is necessary to return all sum in 1,5 years? Where about any apartment of speech does not go, and in obligations of the parties it is not specified, what the bank should lower the rate? Really they did not see all these extortionate quotations and dodges?
- I the first time bought apartment, therefore all nuances did not know, - Olga speaks.
- I accepted the size of payment and credit term, the rest seemed unimportant, - Sergey takes offence.
it is visible, he understands that has missed a chance, but it all the same in any way does not justify action of bank. If not to take into account moral harm (the wife from - for constant quarrels has because of nerves left a family, and children remained with the father), Sergey`s loss of property has in this time made more than 1,5 million roubles (an initial payment, monthly payments, repair).
- I of only also calm in that that like as 2,5 years on demountable apartment have lived, - Sergey speaks. - if us will move, I, of course, without means of support will not remain, but to prove the case is a business already of a principle. Let take away to myself apartment, but will return me at least that I have already spent. It will allow me to take other credit – already in more responsible bank.
But why neither bank, nor the builder do not want to solve a question peacefully? Their logic is simple: lose they in this business, to them claims from other borrowers who pay till now a mortgage under extortionate rates 18 - 20 % there and then will rush. And win - can and make a fool further of the « uneducated » clients. Any emotions. Only business.
is more detailed about Sergey`s misadventures read on its blog - winso. livejournal. com
OPINION of the EXPERT
Konstantin APRELEV, the vice-president of Guild of realtors of Russia:
« Search for more responsible sellers »
- that the bank has joined in such not quite correct scheme, speaks about much. After all that occurs, when to you offer the bill scheme? It, as a matter of fact, the false or feigned transaction. After all actually its purpose - real estate acquisition, but under the contract you buy only a security. The bill scheme have forbidden in 2003 though a total interdiction have entered only recently. Now all similar transactions are illegal. But the law, unfortunately, has no retroactive effect. Also will prove something in court very difficult.
not to get to a similar situation, be converted behind the help to independent experts - to realtors or lawyers. To ask managers of bank or employees of the builder there is no sense - they are not interested in telling you truth. She will put nothing in their pocket. Especially pay attention to how guarantees are registered in the contract, dates of performance, penal sanctions in default of bank. The better the contract reflects a real essence of the transaction, the better. Usually the companies say that the contract typical and nobody will change it. But if independent experts tell to you that risks are too high, refuse the transaction is better - look for more responsible sellers.