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You can call us at 665-77-77 and our experts will advise you on any issues related to real estate, as well as you can ask your question in writing in a form on the website and our experts will answer you by e-mail and here on the site.

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Question
Helena2007-09-23MoscowConsultation lawyer
Good day! Can you please tell how to protect yourself when buying kvariry's heirs, because always keep can lay claim to the inheritance of some son from his first marriage (or adoption), fails to come into an inheritance, or will emerge, which would entail the courts, etc. How to execute documents. What is required additionally to do? Insurance in this case was inappropriate because all life insurance housing will be very expensive and irrational. Thanks Sincerely, Helena
Reply
Alexei Stepanov2007-09-24 
Hello, Elena! Really find out information on all the registry office of Russia have a deceased child or check all the notaries for compiling zavescheniya not possible. What can be done to the maximum to obezapasit yourself from further problems: Be sure to take a statement from the Seller apartment that he knows more about the heirs and that if any, Seller shall assume responsibility for the material and kind of possible claims any third party. Coming up on the receipt of receipt of money for an apartment sold ask the seller to specify a phrase, I think the Purchaser in good faith, complied with all terms and obyazannoyati associated with the acquisition of apartments .... Also need to listen carefully to the very contract of sale of flats. Our site is a model of this treaty. Pay attention to Clause 13. And of course necessary to make jur. check for "history" apartment (residence permit, and all operations with the apartment). Be sure to include the full cost of apartments in the sale - purchase contract. In a real court practice the above steps produce a result - 99% of the apartment will remain with you. A fully obezapasit themselves just by the claim, the claim is impossible, even if only because the courts consider any statement - an action, even at the most that neither is a clean apartment. For more advice on this topic please contact us simply call. Thank you.

Question
Olga Chentsova2007-09-09MoscowConsultation realtor
Do you test in an apartment for a clear title and how is it done?
Reply
Stella Becker2007-09-09 
Legal clean apartment - for us it is a prerequisite in the work. Not all the details will not reveal. But tell about the main thing. To check the apartment must have the following information: History of the apartment - that is, information on all transactions with the flat of whether a transaction of sale, barter, gift, inheritance, mortgage, to do with it since the construction of the house. It should also include information about the availability of a ban on the property, encumbrances, irrespective of whether they were removed. In real estate lingo, this document called "History of the disease." These figures do not take from you knows quite Help (the unified state register of rights). Next, extracts from the house register. It is important that information about registration and the statement was for the entire period since the construction of the house. It's delicious, these two documents, we determine the existence or the possibility of claims to the apartment. Here in a nutshell so poishodit check apartments for legal clarity. If you need legal support to deal with real estate, please contact us. Helping required.

Question
Ludmila2007-08-31Novy UrengoyConsultation lawyer
How to draw up documents of sale flats (second home), in particular mortgage
Reply
Lesnik Natalia2007-09-01 
The main documents of the deal of sale of the apartment is a contract of sale apartments, state registered (in the case of mortgage - a contract of sale with the use of credit funds) and the certificate on state registration of rights, which in the case of mortgages, made note in the section Existing restrictions (encumbrances) of law "- mortgage. If you are interested in the formative stages of the apartment under the mortgage and the required documents, you can find the detailed answers to this question on our website in the section - for consultation on a mortgage of 12 and 15 August. To do this, see The consultations filter the topic in consultation mode "on the mortgage. If you are interested in something specific on the documents to the apartment, then please: ask the question more precisely.

Question
Igor Moiseyev2007-08-19MoscowConsultation lawyer
In 2001 my father and privatized apartments which were spelled out. In 2003 my father died. By virtue of his employment legacy is not open right up to this year. But this year reached a notary in Pervomaiskaya street, where I have to open an inheritance. Was rejected at the opening of the hereditary cases. Now I do not know what to do next? Help you. Thanks in advance.
Reply
Alexei Stepanov2007-08-19 
Deadline for entry into the hereditary weight you missed much. This lawyer has the right to refuse to open a hereditary cause and open it (Basically this is done by notaries in its sole discretion). If the heirs no longer in the apartment you have access, and still do pay utility payments then your case well, just straightforward. Or you can (now) to change notary or go to court, with the defendant to make a tax office (this is a formality) and calmly to win the case. Contact us. Done quickly and successfully.

Question
Nicholas2007-08-15KrasnogorskConsultation mortgage
Tell me please: about buying an apartment on the mortgage. How is it done?
Reply
Savenkova Natalia2007-08-15 
Mortgages on apartment consists of several stages. You must first apply to the selected bank to apply for a mortgage and all the necessary documents for the mortgage, most of which has a standard form. Bank's decision on granting a loan can take from several days to several weeks. Some mortgage banks offer the service "Express - mortgage, where the decision to grant a loan is taken for a few hours. If approved bank loan committee, you can proceed to the selection of apartments. For some time the bank (several months) the borrower must find a suitable apartment that would meet the requirements of the mortgage housing made by the creditor banks. On selected apartments should collect the documents that are required for the transaction of sale, as well as assessment of housing. Approximate list of these documents is as follows: title documents for the selected housing; Documents from BTI (floor plan, a certificate of valuation); Certificates of PND and ND for the apartment owners; certificate of absence of debt to pay for housing and utility payments; extract from the Unified State Register of rights (the subject of housing rights, title documents, the absence of encumbrances on the apartment); Archival excerpt from the house; permission of the guardianship authorities to dispose of the apartment (in the presence of minors apartment owners or encumbrances Apartments rights of minors). Next - Evaluation Assessment of the housing - a mandatory step mortgages apartment. It is connected with limited amount of credit, which can provide the bank - it is not more than 80-100% of the estimated cost of housing. That is the estimated value, not market (the one that can request the seller). Home insurance - as a necessary stage of mortgages. Terms of mortgage lending at a house or apartment very long, so the bank requires security in the form of compulsory insurance of risks of disability of the borrower, the loss of property rights to housing or its damage. After checking the bank selected by the borrower apartments, as well as their assessment and insurance, comes phase of the contract of mortgage lending. Most mortgage banks, mortgage contract form can not be changed, and the borrower should advance to see it, to later do not have to refuse credit, if any conditions of the contract would be unacceptable. Available as option, where instead of a separate mortgage agreement between the seller and the buyer of the apartment (borrower loan) is a sales contract, drawn up in such a way that the mortgage from it arises under the law. Along with the mortgage agreement may require registration mortgage. This is a security evidencing the right of the creditor to obtain enforcement of a monetary obligation secured by the mortgage, without the submission of other evidence of this commitment. When making a mortgage on an apartment may require the involvement of the notary. Finalized mortgages flat state registration documents. For more information you can consult our office.

Question
Alexander2007-08-12MoscowConsultation realtor
What you your commissions for the exchange of apartments on a large?
Reply
Becker Stella2007-08-12 
Size is determined by the Committee and leads on the basis of your options. Under the exchange of apartments often called "alternative" bargain sale. Ie at your apartment search by Buyer. Then you have the option of apartments suitable for you parameters. Then make a simultaneous transaction of purchase and sale of apartments. - In two words in the language of real estate this is the exchange of apartments. Now kommisiya - always individual. Between 2% of the value of the original apartment. Size Commissions of the sum of the complexity of the transaction. Let your apartment is located in Moscow, and you need a Saint - Petersburg. Naturally because of the distances and possibly additional complexity of testing may be even a "chain of apartments in St. Petersburg, the Commission need not be exactly 2%. A more accurate fee can be negotiated with you after your study more dense housing.

Question
Oleg2007-08-12RamenskoyeConsultation mortgage
Tell my please: what documents are needed for obtaining a mortgage.
Reply
Savenkova Natalia2007-08-12 
Typically, a mortgage loan the borrower must provide the bank the following documents: Application for a mortgage loan and the bank's profile. Some banks offer on their Web sites to issue a preliminary application for credit, which should speed up the procedure for obtaining a mortgage loan. Copy of passport or an equivalent document (for troops). A copy of the insurance certificate of the public pension insurance. A copy of the certificate of registration with the tax authority the individual residence in Russia (the assignment of tax identification numbers (TIN)). A copy of military record for males of military age. Copies of documents on education (certificates, diplomas, etc.). Copy of marriage certificate / divorce and the marriage contract (if any). Copy of birth certificates of children. Copy of work record, certified by the employer. Proof of income. More may need the following documents: Certificate of Registration (Form 9) the place of permanent residence. Copies of passports of all persons living with the borrower, and not living with the borrower's immediate family (spouse, parents, children). A copy of the pension certificate and information about the amount of pension for unemployed families. A copy of the death certificate of parents, children, spouses. Documents confirming the existence of expensive property (caravan, car, land, etc.). In the case of property in the apartment (house) and as characteristic of the residential premises (Form 7). In the case of a property securities provided extracts from the registers of securities owners. Documents confirming the existence of an account (card, deposit, current, demand, etc.), with a statement for a period of six months. Documents confirming the borrower's credit history: copies of documents confirming the timely payment of rent, utilities, telephone services, etc. over the past six months or a year credit agreement (if any) and documents proving that performance of obligations under those treaties. Statement from substance abuse clinic. Help from the psycho-neurological clinic. As provided copies at the time of filing must be submitted to the originals. If a borrower's mortgage is the co-borrower or guarantor, then they just need to submit these documents to the bank. If the borrower is a business owner, it is possible he will have to additionally provide the bank copies of constituent documents, balance sheet and profit and loss account over the past year or two, statements of bank accounts, copies of key contracts for the company's operations, staffing and other documents supporting financial stability and the positive dynamics of its activities. If the borrower is an entrepreneur without a legal entity, it must provide a bank certificate of registration as an entrepreneur, patents and licenses on the activities carried out (if available), proof of payment of contributions to state social extrabudgetary funds, statements of bank accounts in the past a year or two, copies of leases and major contracts for the unincorporated business activities, documents, single tax on imputed income and book income and expenses (if using a simplified system of taxation). If the borrower - a foreign citizen performing career in Russia, it must additionally provide the bank a copy of a residence permit or a copy of a temporary residence permit, as well as a copy of a work permit. In fact, the list may grow as well as decrease. Everything depends on the chosen bank. For more advice you can contact our office.

Question
Helena2007-08-10MoscowConsultation lawyer
Provomochen whether the refusal to me in the right flat privatization until the child is of age. Now in an apartment registered 3 people: Me, my husband and child. husband refused to privatization in my favor. The child, who is now 17 years old, participated in the privatization of apartments grandfather in 1997, where he was previously registered (the right to use the privatization of child). How better to do?
Reply
Serhiy Shevchuk2007-08-10 
The fact that a child participate in privatization, has retained the right to further privatize the apartment, into adulthood. Therefore, refusal is legitimate and you have no choice but to write the child with her husband. Privatize your name on the apartment. Then, after privatization, register them back.

Question
Dmitry2007-08-10MoscowConsultation lawyer
My wife and son are not prescribed in the room bought me before the marriage, referring to a certain decision of the Government of Moscow. What?
Reply
Alexei Stepanov2007-08-10 
We must take a written refusal. Then apply this waiver to the Central Passport and Visa Department, which is Ordynka. In case of refusal, and there, to challenge it in court. Typically these cases end in your favor. For more advice, call tel. 238-63-77.

Question
Helena2007-08-10MoscowConsultation lawyer
For sale rooms required waiver of pre-emption of this room neighbors. But they avoid signing any papers. What in this case?
Reply
Alexei Stepanov2007-08-10 
We had not propose to sign the agreement and send them a custom cable, now the neighbors know about the sale and may refuse to receive and telegram. What if the owner fails to notice - the law provides, in this case should contact the court for the protection of law. For more advice you can call tel. 238-63-77.

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