Sale of mortgaged houses by banks. Accredited new buildings. Sale of collateral real estate at auction

VTB24 put up for auction more than a hundred collateral properties. How much is their price below the market price and is it worth buying apartments at bank auctions?

These are difficult times for banks. Since the beginning of the crisis, they have been issuing fewer loans, but they have a lot of extra property: cars and apartments - collateral received on default loans. “Today there is more collateral that was sold as collateral for loans,” says Denis Dyachenko, head of the overdue debt management department at DeltaCredit Bank.

At the same time, unlike previous years, the number of voluntary refusals of property has increased: clients are trying to solve their problems themselves by selling apartments, says Dyachenko. Data shows that more and more debtor properties are leaving auctions Federal service bailiffs (FSSP). According to them, over the past period of 2015, 20 times more residential real estate (houses, apartments) were put up for public auction than during the same period in 2014: 13,045 and 653 objects, respectively. The situation is similar in the field of motor transport: 862 objects in 2014 and 17,438 in 2015.

Public bidding

Due to the growing number of collaterals, banks are forced to look for various ways sales of apartments and cars. VTB24 decided to put its collateral property under the hammer, which it had never done before, and announced the sale of about a hundred of its properties at auction. One part of the auctions will be in person, the other will be in absentia (through the “Unified Electronic Trading Platform”), and the objects on them will be different and the auctions will take place at different times.

During the auction it will be possible to buy residential or commercial real estate, as well as motor transport - special equipment (dump trucks, truck cranes, trucks) and passenger cars. There are 106 such objects in total, 43 of which are cars, the bank’s press service says. Everything else is real estate in Moscow and the Moscow region. The variation in the cost of objects is huge. You can participate in the auction for a one-room apartment on Marshal Kozhedub Street (Lublino metro station), starting price which is 5.9 million rubles. Or you can - for a four-room apartment on Zachatievsky Lane in Moscow for 80.9 million rubles.

However, the bank itself asks not to link the decision to hold auctions with the problems of its debtors. “Our borrowers have not become worse at paying their loans, this is an attempt to remove from the balance sheet the objects that were “lingering” there,” said Andrey Osipov, senior vice president of VTB24 bank. Instead of lowering the price for them, the bank preferred to try to sell them at auction and see what happens, he explains. The start of trading is scheduled for December 23.

The auctions will be of two types, explains the bank’s press service: up and down. The procedure of the first is well known: participants are asked to increase the initial purchase price by an auction step; The highest bidder wins. Down auctions are a little more complicated: with each step of the auction the price decreases, and any participant can stop it by placing a purchase order. The results of in-person auctions are planned to be summed up in February 2016, and electronic down-market auctions (for real estate) - at the end of January - mid-February next year.

Individuals, individual entrepreneurs and companies can participate in the auction. The requirements are the same for everyone: first you need to send an application to participate in the auction to the bank, attaching a copy of your passport and a notarized consent of your spouse to participate in the auction. Then deposit the deposit into the bank account (if the auction is in-person) or the electronic platform (for online auctions). To participate in electronic auction you also need to get electronic signature. This can be done at one of the certification centers accredited by the Ministry of Telecom and Mass Communications. Whether such a service will be paid is decided by the center itself, according to the ministry’s website. In addition, in both cases, to participate in the auction you need to make a deposit, which is approximately 10% of the cost of the lot.

Not only auctions

Selling collateral at auction is not the most popular strategy for large banks. Most of the top ten banks with a portfolio of mortgage loans prefer to sell property in other ways. Raiffeisenbank tries to look for buyers itself, and if nothing comes of it (for example, the liquidity of real estate is low), the bank attracts real estate companies, says Stanislav Tyves, head of the risk management department for individuals at Raiffeisenbank. DeltaCredit Bank also sells collateral itself, Dyachenko said. Rosbank operates according to the same scheme, the press service of the credit institution reports.

The situation is similar in Otkritie Bank: the bank posts information about collateral objects on its website. Any individual or legal entity can buy them; no preliminary payments are required, says Andrey Velichko, director of the department for working with troubled assets of Otkritie Bank. He admits that sometimes there may be an element of auction: for example, if there are several people willing to buy an object, it goes to the one who offers the best price. However, the property of debtors rarely goes onto the bank’s balance sheet: as a rule, problem borrowers are persuaded to sell their property in pre-trial procedure, added Velichko.

Of the dozens of banks surveyed, only Absolut Bank admitted to organizing auctions. It sells collateral in two ways: either it allows the debtors themselves to do so, or it puts them up for public auction, the bank’s press service says. They are held only in person, and the bank announces the auction at least ten days before the start of the auction. To become a participant, you need to make an advance: 5% of the initial price of the property. For the auction to be considered valid, there must be at least two such applications. If a person manages to buy a lot, this amount goes towards payment for the purchase. If not, the deposit will be returned. For last year Absolut Bank put up 120 collateral objects for such auctions, nine of them in November, the press service clarifies. As a rule, buyers managed to get objects at the initially stated price or a little more - during the auction, the lots went up in price by 20-150 thousand rubles.

Ambiguous benefit

The price of properties offered by VTB24 is approaching the upper limit in its segment, notes Natalya Kruglova, director of the Real Estate business area of ​​Pro Consulting Global Limited. According to her, you shouldn’t count on a discount, unless you can get a discount if the auction is “down.” Kruglova also noted that those who were looking for exactly such real estate - in the same area, of the same footage - should take a closer look at the properties offered by VTB24. In other cases, this deal is unlikely to be profitable, she concluded.

The properties offered by VTB24 are adequately priced, agrees real estate investment manager and creator of Indriksons.ru Igor Indriksons. However, this is a preliminary assessment: in order to make a final verdict, you need to obtain the opinion of the building engineer and the appraiser. According to Indriksons, the price at auction may still be attractive, although this does not mean that you will be able to buy the object. It happens, says Indriksons, that instead of a real auction, a fictitious one is held: there is one real buyer and two fake ones who “raise” the price.

Other difficulties

When buying real estate at an auction, you need to be aware: not everyone whose property was taken by the bank agrees with this, says Roman Terekhin, managing partner of the Delovoy Fairvater company. For example, former owner the collateral apartment may refuse to move out of it. It happens that new owner finds out about this only after the purchase. In this case, he will have to deal with the old tenants on his own; the bank is not responsible for this.

There is another risk: the former owner can challenge in court both the fact that the bank took away the property and the auction procedure itself, notes Ivan Soloviev, a professor at the Department of Tax and Financial Law of the Federal University under the Government of the Russian Federation. He has three years to do this from the date of collection, but the court has the right to extend this period. If the collection is deemed unfounded, the new owner will have to return what was purchased at auction.

Solovyov also says that the property may be encumbered. For example, housing may be mortgaged several times, and the bank may not know about it. Finally, the former owner, minor children or people with disabilities may be registered in the apartment. The latter may be impossible to discharge, says Terekhin. To avoid such problems, he advises contacting the registration authority in advance and making sure that no one is registered in the apartment. In addition, it is worth making sure that the property was taken from the previous owner by court decision, and also that he does not challenge this decision.

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Seizure of an apartment is one of the types of encumbrance, the possibility of imposing which exists in case of debt to the bank.

In this case, the owner does not have the opportunity to sell, donate or make any other legal actions with your own property.

As a result, you can find seized bank apartments put up for sale by the financial institutions themselves.

Why is the apartment under arrest?

The main reason for the sale of seized apartments is the situation when the apartment was under mortgage, and the debtor did not fulfill his loan obligations in a timely manner.

As a result, the bank goes to court to seize the property from a citizen or organization for debts. But this is observed only in situations where the amount of debt has accumulated significant, in otherwise the court does not satisfy the claim.

Worth knowing: There are other reasons why apartments are seized from ownership and seized. So, this happens due to tax arrears, as a result of the division of property or other situations this kind. In this case, all actions are carried out by bailiffs based on a court decision.

How to buy a mortgaged apartment secured by a bank

Buyers are often put off by offers to purchase a residential apartment that is encumbered by a mortgage.

However, with a competent approach to this process, both sides can win.

First of all, the buyer must independently find out from the bank whether they have any objections to the sale of a particular apartment. This is due to the fact that it is he who will have to carry out actions aimed at removing the encumbrances.

To do this you need to check:

1. Is the property subject to double encumbrance? Some owners manage to take out an additional loan, as a result of which another financial organization will also have a claim on the apartment.
2. Has there been an arrest or ban on carrying out registration actions for real estate. All data on this is obtained in the form of an extract taken from the Unified State Register (USRE). Take similar document it is possible through Rosreestr, MFC or the State Services portal.

But this is all extremely problematic and difficult. Another simpler option is to purchase confiscated apartments from the bank itself. This is due to the fact that the collateral becomes the property of the financial organization by court decision.

Most banks that issue mortgage loans have large number confiscation in the form of real estate that was taken for debts. Typically, the average cost of such properties is below the market price and the discount on apartments for sale is up to 15%.

Please note: when buying such real estate from banks, the seller deals directly with legal entity, which is regularly checked by regulatory authorities. This reduces the possible risks of such transactions to a minimum.

The acquisition of such an apartment is carried out in the following order:

1. First, a preliminary agreement is concluded between the bank and the buyer. This document must be certified by a notary in the presence of the debtor, a representative of the financial institution and the buyer.
2. Next, the bank provides several cells, where funds for repaying the loan are placed in one, and money for the debtor is placed in the second (taking into account the amount paid to repay the mortgage).
3. If no objections are observed, a purchase and sale agreement is drawn up and a new owner is registered through Rosreestr, and the money from the cells is transferred to the intended parties.

Mortgage apartments from banks in Moscow

In the capital region, the number of apartments sold with encumbrances is the largest in the country.

Therefore, it is important to check the objects of interest before purchasing.

Otherwise, this may lead to receiving an apartment that is pledged or has a mortgage issued on it. This is a reason for declaring the purchase and sale transaction invalid.

Sale of collateral real estate at auction

When real estate was arrested and confiscated from the debtor, its redemption is carried out at auction in an open auction site.

This is carried out for several months after the arrest was made.

Usually a list of such real estate can be found using the FSSP website for the city of Moscow or in the regions. They indicate information about the objects being sold, as well as their exact address.

The initial cost by law is the amount specified in writ of execution or in the relevant court decision. Due to this, the starting price, as well as the market price, usually differ significantly.

Take note: Auctions are considered valid if two or more buyers took part and made their own premium offers to the original cost. In all other situations, the auction is considered failed.

Sale of apartments from Sberbank at auction

If the borrower develops debt, Sberbank seizes the collateral property from him by contacting statement of claim to court.

After complying with all formalities, the bank representative enters into an agreement with the debtor, which specifies the schemes under which the property will be sold. This usually happens through online trading on the financial institution’s own platform.

To participate in such auctions, you must register and make an initial payment. The average duration of such sales varies between 3-6 months.

If it is impossible to implement in one go, the implementation is carried out again after 30 days.

How and where are auctions held?

Typically, auctions are held on open sites of the FSSP. To get to them, you first need to become a member.

To do this, after selecting the apartment you are interested in through the website, an agreement is concluded directly with the seller for the payment of a deposit. Its size is indicated in the description of a specific object.

All bidders do this, and for those who lose, this amount is returned to in full.

When the buyer wins, but then refuses to buy the apartment, according to the rules, his deposit remains with the seller.

In total, after making a deposit, the following documents are required:

• application for participation completed in a special form;
• payment documents containing a mark from the bank to confirm the fact of making a deposit;
• copy of passport;
• a list of submitted papers, indicating the date and time of sending the application;
• an envelope containing a sheet of paper indicating the transaction amount exceeding the starting amount. It needs to be sealed well.

On the day of bidding, all documents of participants are checked, according to the results of which a person is admitted or not. A refusal can only be obtained if the submitted documents are missing or incorrect.

Pros and cons of buying a mortgaged apartment from a bank

When purchasing a mortgaged apartment, there are a number of negative aspects:

• duration of the procedure;
• the ability of previous owners to challenge the sale through court;
• cancellation of the transaction with loss of funds if the previous owner used maternity capital for the purchase.

But there are also certain positive aspects:

• quality of real estate (banks, when issuing loans, do not take junk as collateral);
• legal purity of the transaction;
• lower cost of the apartment.

When people whose real estate is pledged to the bank do not repay the loan, the financial institution seizes it through the court. After this, through open bidding, the apartment is sold.

Typically, such properties are purchased at a price below market value, which makes them attractive.

If the borrower does not make any payments on the loan for six months, without responding to the requests, persuasion and even threats of the creditor, then the bank takes such debtor to court. If the court understands that the borrower does not want or cannot independently resolve the conflict that has arisen between the two parties, then it will side with the bank and oblige the debtor to repay the loan with property. If the loan was collateralized, then the bank will sell the collateral property and, using the proceeds from the sale, will return its money with interest. If the loan was issued without collateral, then bailiffs they will come to the borrower’s home and take away everything they deem necessary, and if the amount of debt is too large, then this property may turn out to be a house or apartment owned by the borrower. It is worth noting that the bank is interested in liquid property, which can easily be... No one will ask the borrower’s consent to alienate this or that property.

In order to put up collateral for sale, a bank does not always need a court order; in some cases, it will only need the executive signature of a notary. Based on of this document the bank turns to the state executive service and sells the collateral through special trade organizations.

How to buy collateral at auction?

In order to be able to take part in the auction at which property pledged by the bank will be sold, the buyer must pay a registration fee - from 3% to 15% of the value of the property being sold. If at the end of the first auction the collateral property was not sold, then at the next auction its price will fall by 15-20% of the initial cost. The result of the auction is considered valid only if at least 3 buyers participate in it.

Purchasing bank collateral – possible risks

The undoubted advantage of purchasing bank collateral is its low cost, but this is perhaps its only advantage. This low cost is due to a number of problems that the buyer may encounter in the future.

When selling residential real estate under such a scheme, the owner of the property may not even know about its sale, and the buyer risks getting, in addition, angry residents, who will have to evict them from the purchased housing themselves. Exactly the same problems can arise when purchasing a car that was previously pledged to the bank.

When purchasing a car at an auction, there is a risk of receiving a low-quality product. In order to be able to sell a car at auction, the bank puts it on the wanted list, the traffic police find it, confiscate it and park it, from where vehicle sold as is - without keys, documents and possibly in poor technical condition.

When purchasing collateral from banks, you should be prepared for the fact that you may be left without a purchase at all. Thus, the borrower can return the collateral back if he considers that it was sold at too low a price. Or, for example, the borrower’s spouse can challenge the sale of property, demanding part of the amount as alimony, etc. If a buyer loses property purchased at an auction, the money spent on its purchase will have to be returned through the courts.

We talk about how much you can save by purchasing bank collateral real estate

You can buy an apartment not only from private individuals and developers. Real estate confiscated from former owners for one reason or another is sold much cheaper compared to similar market offers. At auctions, public auction And it’s not just apartments that are listed in collateral databases. Sometimes they sell country houses there, garden plots and commercial real estate. Together with lawyers, we analyze the main advantages and disadvantages of buying bank confiscated property.

The category of bank collateral includes those properties that were purchased with borrowed funds. “The rule applies: if the borrower mortgage agreement stops paying the loan debt, the bank or other credit organization has the right to seize and sell the collateral real estate,” says the lawyer, managing partner law firm"AVT Consulting" Alexander Tarasov. For reference: Russians' mortgage debt.

In accordance with Art. 348 of the Civil Code of the Russian Federation, foreclosure on such property is allowed if the deadlines for making payments are violated more than three times during the year, and also provided that the amount of the unfulfilled obligation is more than 5% of the value of the pledged property, explains the legal consultant of the Taganskoye office of the secondary market department. Inkom-Real Estate" Ivan Labeka.

Among the offers for the sale of collateral real estate there are really profitable options. There are several ways to buy such housing. At the same time, different acquisition schemes have different degrees of risk.

At a bank auction

Banks sell collateral real estate mainly at auctions, says Vladimir Starinsky, managing partner of the Starinsky, Korchago and Partners bar association. With this scheme, real estate is sold with the voluntary consent of the debtor - the creditor bank agrees on the sale of the pledged property out of court. “Most likely, in the coming years, auctions will be held more often, since banks one way or another need to get rid of such real estate,” says Starinsky.

All auction participants make a deposit of no more than 5% of the initial sale price of the collateral property. For the losers, this deposit is returned in full, and for the winner it goes towards a future purchase. “It is worth noting that the auction is won by the person who offers the highest price for the property being sold. The starting price of the lot is determined by an independent appraiser,” adds Alexander Tarasov. Moreover, if the valuation value is clearly significantly lower than the market value, this may indicate risks associated with the real estate being sold and the organization of auctions, warns Margarita Zakharova, lawyer at the Yukov and Partners Bar Association.

It is unlikely that it will be possible to purchase the property of problem borrowers at a significant discount using this scheme. “Banks are trying to sell such real estate at more or less market price,” explains Evgeniy Korchago. And as a result of the gambling competition, the cost of the object during the auction can easily exceed the market average.

In addition, there is a risk of purchasing a home with a surprise. The apartment may be registered with former owners, children or people with disabilities, who may not be able to be removed from the register. Thus, vacating the apartment may take a long time. “To avoid such a situation, before purchasing a mortgaged apartment, it is advisable to contact the registration authority and make sure that no one is registered in the apartment,” advises lawyer, managing partner of the law firm “AVT Consulting” Alexander Tarasov.

At public auction

If the borrower does not pay the loan and is not ready to sell the home voluntarily, by court decision the apartment is put up for public auction. They are held either on the personal Internet platforms of credit institutions or on specialized platforms. “Selling property confiscated by a bank for non-payment of a loan through public auction is a longer and more complex method. They only pass after finishing trial, in which the court, following a claim from the creditor bank, decided to foreclose on the mortgaged property,” says Alexander Tarasov.

As with an auction, the apartment goes to the person who offered the best price. “If the auction did not take place, then the price of the object may be reduced by 15% at a repeat auction. But, of course, there are many applicants for purchase for the most popular real estate properties, and therefore the price for them will not decrease. The real chance to profitably purchase real estate at public auctions is to constantly monitor ongoing auctions,” explains Margarita Zakharova.

Bidding and the purchase and sale agreement may be declared invalid - this is one of the key risks. For example, if the organizers or participants violate the rules of the auction and thereby influence their result. “To make sure that the auction is authorized, you should ask the organizers for information about the availability of a judicial act or other documents confirming the possibility of selling the property at the auction. In addition, it is necessary to study the regulations on the bidding procedure,” warns Alexander Lysyakov, senior lawyer at the independent legal group Strizhak and Partners.

Within three years, the former owner has the right to challenge the decision to impose a penalty. “If the court upholds the former owner’s complaint, the bona fide buyer will be obliged to return the collateral property. And the bank, in turn, will return the money spent to him. But this is a long and labor-intensive process. If the property was confiscated based on a court decision, it is important to make sure that it came into force and no one disputes it at the time of the transaction,” warns Alexander Tarasov from AVT Consulting.

On the bank's online storefront

Banks post apartments that could not be sold during the bidding process on their official websites. The bank’s task is to sell the collateralized housing in a short time to cover the debt and resulting losses. “As a rule, the sales price of such real estate corresponds to the average market value. At the same time, the bank guarantees the legal purity and transparency of the transaction,” said the press service of VTB Bank.

However, if a credit institution cannot sell property at the right price, it will always strive to sell it cheaper, says Evgeniy Korchago. “Real estate is a non-targeted asset of the bank; it has nothing to do with it. Therefore, the discount can be up to 50% in total, and sometimes more. I can give you my own example. The apartment that I purchased from the bank was not sold over the past six months and was revalued downward three times,” he shares.

Many banks provide loans with a more favorable interest rate for the purchase of housing from a collateral base. “The client can count on preferential terms. For example, for a preferential mortgage rate or a free letter of credit for payments,” comments Alexey Okhorzin, director of the retail products department at MKB. “The buyer can pay for the purchase of property both at his own expense and by attracting bank credit funds on special preferential terms", added the VTB press service.

There are really very few risks for the buyer with such a scheme, the manager confirms commercial practice legal company BMS Law Firm Denis Frolov. “But it is worth considering that the buyer himself must study the history of the apartment, since the bank is not obliged to inform him about all the nuances,” he warns.

However, as in the case of auctions, you will not be able to view the apartment before purchasing. “Neither banks, nor other mortgage holders, nor bailiffs provide such a service. You have to evaluate an apartment only by its external features. You can look at the condition of the entrance and the house. That is, find out when it was built or what material it was made of. The maximum is to talk to your neighbors,” advises Ivan Labeka.

Not yet confiscated: a mortgaged apartment can be purchased directly from the borrower

A borrower who finds himself in a difficult financial situation can independently sell his home and use the proceeds to pay off the balance of the debt. " Collateral property until it ceases to be private property and is simply pledged to the bank, not sold by banks. Such property, in the event of a borrower’s default, is sold by the borrower himself with the consent of the bank,” explains Alina Kuberskaya, head of the information policy department of Russian Auction House JSC.

If the debtor cannot or does not want to pay the loan, both parties are interested in repaying the debt as soon as possible. “A purchase and sale transaction takes place between the debtor and the buyer, settlement between the debtor and the bank and the removal of the encumbrance. As a result, the buyer purchases an apartment, the bank receives money, and the debtor gets rid of the debt,” says Denis Murdalov, lawyer at the A2 law office.

With this option, the potential buyer receives a great advantage - he can personally inspect the apartment or invite experts to assess the technical condition of the property. In addition, there is a good chance of getting a discount. “In this situation, the borrower needs to find a buyer as quickly as possible and get cash to pay off his debt to the bank, so he is ready to significantly reduce the price,” says Ivan Labeka from Inkom.

Property can be re-registered by law only after the debt has been fully repaid. Only in this case will the bank remove all encumbrances from the property. But former debtor in the meantime, he may change his mind about selling his apartment. As a result, the buyer will neither be able to receive the money paid under the agreement from the bank, nor force the seller to formalize the transfer of ownership. In addition, dishonest borrowers sometimes take deposits from several interested parties at once.

The easiest way to protect yourself is to conclude a comprehensive deal between the buyer, seller and mortgagee, believes a member of the council under the Chairman of the Federation Council for interaction with institutions civil society Evgeny Korchago. “Repayment of the mortgage occurs simultaneously with the transfer of ownership. In this case, the funds are deposited in a safe deposit box, and it is not the seller, but the pledge holder who gains access to them. If the amount from the sale of an apartment is greater than the amount of the deposit, then the funds can be pledged in two cells. This method really works; we often have to support such transactions,” he says.

Prices and legal advice

Buying collateral real estate attracts with its price tag. The logic here is simple - the trading platform needs to sell the property, so the starting price is not close to the market price, explains Inkom-Real Estate expert Ivan Labeka. “And since the average buyer does not look for an apartment on electronic websites trading platforms, in this segment of the market there is no rush among buyers, so the apartment is often sold at a price not much higher than the starting price,” he adds. “If you analyze the prices of collateral real estate, they are lower than market prices by an average of 10-15%,” says Alexander Tarasov.

“Practice shows that such real estate purchase schemes may be of interest to those who are looking, for example, for apartments in a specific area, of a certain size, but there are no similar offers on the market,” adds Alexander Tarasov from AVT Consulting.

The risk of buying a problem property among collateral real estate is reduced. Before concluding a transaction, the credit institution independently verifies the collateral. Such housing must be listed on the market and be liquid in case the bank needs to sell it on its own in the future. “The risks of the buyer of such real estate are no greater than with a regular purchase and sale. The only difference is the large volume of documents that need to be studied before making such a transaction,” says lawyer Denis Murdalov from A2.

Experts recommend that buyers of mortgaged apartments request in advance an extract from the Unified State Register of Real Estate, technical documentation, an extract from the house register, and carefully study the report on independent assessment real estate. “The potential buyer also needs to familiarize himself with the terms of the pledge agreement and understand whether the pledge holder justifiably foreclosed, as well as whether the procedure for selling the property complies with the terms of the agreement,” advises Margarita Zakharova, a lawyer at the Yukov and Partners Bar Association.