of April 16, 2020 No. 130
About mortgage housing lending
For the purpose of enhancement of the state housing policies, development of mortgage housing lending and creation of additional terms on providing the rights of citizens borrowers:
1.1. in case of the conclusion of the credit agreement * on financing of acquisition by citizens of apartments in the apartment or blocked apartment houses, single-family apartment houses, share in the property right to them (further - housing) with ensuring obligation fulfillment of the borrower with pledge (mortgage) of this housing:
pledge (mortgage) of housing is made by the rules determined by the legislation in the part which is not contradicting this Decree;
the bank has the right to require different ways of ensuring obligation fulfillment of the borrower. At the same time in case of improper execution by the borrower of obligations according to the credit agreement the address of collection first of all is performed on housing which is subject of pledge (mortgage) taking into account the requirements provided in part one of subitem 1.5 of this Item. In case of impossibility of satisfaction of the requirements at the expense of such housing the bank has the right to require obligation fulfillment due to other providing (in case of its availability);
the right of pledge (mortgage) of housing arises at bank from the moment of the conclusion of the corresponding credit agreement and stops in cases of the termination of the credit obligation provided with this pledge (mortgage), death of the pledged housing or the address of collection on it the pawnbroker, realization of pledged property according to the procedure, the established legislation on enforcement proceeding and also in case realization of such property was impossible;
* Except for the loans granted according to presidential decrees of the Republic of Belarus.
1.2. housing which at the time of the conclusion of the corresponding credit agreement is registered in the single state register of real estate, the rights to it and transactions with it can act as subject of pledge (mortgage).
The pledge (mortgage) provided by this Decree extends to the parcel of land which is in private property on which housing is located, or to the lease right * such parcel of land (the registered share in the property right or leases on such parcel of land), belonging to the borrower or transition of the right on which to it it is performed along with transition of the property right to housing.
The conclusion according to subitem 1.1 of this Item of the credit agreement on financing of acquisition of housing located on the parcel of land which is in private property or lease * can be performed by the banks conforming to the requirements established by the Presidential decree of the Republic of Belarus of June 2, 2009 No. 276 "About single questions of mortgage of the parcels of land and recognition voided some presidential decrees of the Republic of Belarus";
* If for the right of lease of the parcel of land the payment was levied.
1.3. state registration of emergence of pledge (mortgage) of housing, and also mortgage of the parcel of land on which housing is located or pledge of the right of lease of the corresponding parcel of land (the registered share in the property right or lease on such parcel of land) is performed along with state registration of transition to the borrower of the property right to housing.
The bank no later than the next working day from the date of the conclusion of the credit agreement sends information to the territorial organization for state registration of real estate, the rights to it and transactions with it for the location of housing:
about the loan granted to the citizen with indication of data on the bank which issued it, number and date of the conclusion of the credit agreement, credit amount and term of its return (repayment);
about housing for which financing of acquisition the credit agreement is signed;
1.4. before the termination of the obligations provided with pledge (mortgage) according to the credit agreement application of any encumbrances and (or) restrictions (including measures for providing) on ownership, and (or) use, and (or) the order of housing which is in pledge (mortgage), and also the address of collection (including confiscation or the address to the income of the state otherwise) on this housing the third parties (including authorized state bodies), except for is not allowed:
applications of encumbrances and (or) restrictions (including measures for providing) for the benefit of bank pawnbroker or from its consent;
seizures in the cases provided by the criminal procedure legislation;
addresses of collection and imposing of encumbrances within enforcement proceeding according to the legislation on enforcement proceeding;
withdrawals for the state needs of the parcel of land on which housing, and demolition of such housing is located.
Non-compliance with the specified requirements attracts invalidity (negligibility) of decisions of authorized state bodies (actions of officials), transactions, other legal acts from the moment of their acceptance (making).
In case of seizure of housing which is in pledge (mortgage) the bank has the right to send the petition for cancellation of the resolution (determination) for property attachment for the purpose of its realization to the body conducting criminal procedure in which production there is criminal case, no later than 5 working days after approach of the conditions provided in subitem 1.5 of this Item.
In case of realization of the housing which is in pledge (mortgage) specified in the parts one of subitem 1.1 of this Item, money which remained after satisfaction of requirements of bank are subject to transfer by bank into the account of the body conducting criminal procedure in which production there is criminal case, no later than 3 banking days following behind day of cash receipt in bank;
1.5. the address of collection by bank pawnbroker on housing which is subject of pledge (mortgage) in providing the credit agreement on financing of acquisition by citizens of housing is allowed if the following conditions are at the same time complied:
the size of debt on the main amount of debt exceeds 10 percent from the amount of granted loan;
overdue debt availability on the main amount of debt and (or) interests on credit is more than 90 days, and in case of the death of the borrower - more than 9 months.
In other cases the address of collection by bank pawnbroker regarding pledge (mortgage) is not allowed;
1.6. to citizens borrowers the deferred settlement of debt on the credit and interest payments for use is granted to them according to the Presidential decree of the Republic of Belarus of August 1, 2011 No. 336 "About some guarantees to the citizens undergoing compulsory military service, alternative service" if during action of the credit agreement on which obligation fulfillment is provided with pledge (mortgage) of housing they undergo compulsory military service, alternative service.
2. In six-months time to provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.
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