How to take a mortgage: where the bank is «heat» of the borrower?





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17.04.2011 02:15
Articles about real estate | How to take a mortgage: where the bank is «heat» of the borrower? Who does not dream of a separate apartment? Here we are with her husband, consider all the options, weighing their financial capabilities, realized that accumulate on the flat at the current inflation rate is unrealistic to wait for the inheritance is unreliable, and simply foolish to believe in miracles, left to go for a mortgage to the bank.

And as this clever idea came to us in the midst of crisis, the options we had two: take the credit in the Savings Bank or wait until the crisis ends and other banks could start issuing mortgage loans.

In principle, the terms of the Savings Bank had been more or less normal, even with the raging crisis in the yard. But embarrassed by the commission - as much as 25 thousand rubles. just for opening a loan account (incidentally, the commission then canceled), and a tall interest. But perhaps early repayment without any kind of penalties, payments are not annuity, which is also important.

Well, it was decided ... When I came with a certificate 2NDFL asking prices to the conditions and possibilities, my dear girl said that I can count to 5 million rubles. loan, based on my salary, and no guarantor is not necessary, only the apartment, which I buy, will become a pledge to the bank.

So, from me needed 2 million rubles.; Flat pledge in a bank I did not mind, especially because there was nothing more to give. At the stage of registration of documents suddenly discovered that the credit committee thought and decided: a guarantor would not hurt. Still, the court of the crisis. But I was assured: "The Guarantor let you go immediately after processing the loan as collateral." Well, a couple of months, maybe someone will agree and be the guarantor. This someone turned out to be her husband.

Next was the merrier. "My husband take in sureties, but it alone is not enough, yet it is man ... you are one big family, maybe even a guarantor, so surely? A man we too will leave, so reliable. " Ah, was not just a couple of months agreed to be my guarantor employee.

The Bank approved a loan, an apartment found, made bail. On the eve of the issuance of money calling the credit inspector, who, incidentally, has changed: starting the process with a nice girl, and finished with a nice young man. Like, so and so, sorry, Oshibochka came out, we're you wrong ratio of own funds and funds issued by the bank to count. Now we will give you credit us 180 thousand rubles. give less, but you have to 180 thousand rubles. more on the hands to have. And it should be by tomorrow.

Mama dear, where do we take this sum? And if we abandon the apartment and the credit? No, the circle then pay the penalty, the bank is still possible to argue, since it's still their fault, but the agency and sellers of apartment after making the deposit will not happen. In tears came to work, a good director went into position and gave credit to two weeks.

The transaction took place, in spite of everything we bought an apartment! I had a burning desire to write a complaint to the loan officer that we miscalculated the ratio of own funds and credit, but he apparently felt my desire, happily informed me that yesterday was the father of twins - my heart trembled, I felt sorry for him, decided not to Twins and leave his wife without a breadwinner. And in vain, as later shown by the experience.

After all the delays with registration of the loan, buy an apartment, design collateral for an apartment in favor of the bank, I applied for a withdrawal of the two guarantors.

My loan officer took a statement, a long time did not call. I called myself and it turned out that the bank is ... dismissed. But no written rejection is not issued. Like, the sort of thing, crisis, cheaper apartment, does not cover the cost of an apartment loan, with interest.

It was summer, went on leave, not before it, and the guarantors are not customized. Returned to the issue after six months. The same thing happened: the application, the silence, call rejection.

Then I got angry, called the office, where my stories were very surprised and said that they do not have any of my statements, offered to come and write it again.

It turns out, the loan officer my statement will not send, and on the phone said that I refused. A week later, my co-worker without delay withdraw from the guarantors, without asking a single question.

Now to the second stage: show her husband from the guarantors did not want to, they say, is an oral decision within the bank that the family members do not derive from the guarantors. But we'll see who wins: the internal regulation of the bank, the Civil Code or the Law on Consumer Protection *.

Outcome: Savings Bank took the commission for opening a loan account, which can be challenged and return, costing the guarantors for a period greater than a specified incorrectly calculated the ratio of debt to equity to buy an apartment.

And by and large all of these problems (except the fee for opening a loan account) - an error in good faith performing its functions loan officer.

* Note:

Part 2 of Article 14.8 of the Administrative Code of the Russian Federation provides for administrative responsibility for the inclusion in the contract conditions that infringe the rights of consumers.

According to paragraph 1 of Article 16 of the Law on the Protection of consumer rights, contract terms, infringe the rights of consumers, compared with the rules established by law or other legal acts of the Russian Federation in the field of consumer protection shall be invalid.

Loan accounts are not bank accounts and used to reflect the bank's balance sheet for education and repayment of loan debt, that is, operations to provide borrowers and a return of funds (loans) in accordance with the loan agreement.

Consequently, the bank's actions in opening and maintaining such an account can not be classified as an independent banking services. Thus, the inclusion in the agreement (paragraph 2.1 of the standard form of contract), the conditions for the charging of a customer payment for opening the loan account violates statutory consumer rights.

https://sob.ru/issue4994.html

Content tags: Mortgages
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