In 2006, the novel Kuzubov married. The couple wanted to have many children, and had nowhere to live. Chose not a mansion in the building, and the forces. There was a three-pointer on the last floor of five-storey Khrushchev, built in 1960 overlooking one of the busiest of the Moscow roads – Kashirskoye highway.
the novel is very well earned, but for the purchase of the apartment he still lacked five million rubles, and he took a mortgage. Paid almost 15 years. The Bank put its borrower, “the Requirement of full early return of the”… 10 million 196 thousand 7 rubles 8 kopecks “in connection with the fulfillment of their obligations to the payment of the mortgage loan.”
Failure to pay the Bank filed in the amount principal debt of all 252 of the ruble 38 cents, and overdue interest on the amount already… 96 cents.
Capital Bank considered sufficient cause for termination of the contract of a mortgage secured by a single housing the delay of the borrower in the amount of three hundred rubles.
Revision is difficult to get through to the employee of Bank “collection service” attached to the Novel. That employee of this service is actually the face of the Bank. “You raise me up,” said this person before you throw up with reference to a lot of work.
the analysis of the situation with a multi-child family, where there are four kids, and soon will appear the fifth, deserves serious analysis. The fact is that invented Bank scheme of obtaining money and property requires the attention of law enforcement.
In 2006, the Novel was awarded the title of the borrower on the mortgage and the contract number, which turned out to be in 2019, will accompany him to 2039. From 30 to 63 years. Life!
it all Started almost 15 years ago: an employee of the Bank “on sales of loans,” explained the Novel that is more profitable to take a loan in foreign currency, then, he says, the rate of interest will be lower. But the employee did not specify which party was more profitable to novel took a loan in foreign currency. Banks benefit from issuing Novel of the loan in foreign currency in 2006 was three times the value of dollars to the Bank, and the “in rubles” the profit of the Bank was “only” 50 percent. In other words, the Bank to issue credit in foreign currency was almost six times cheaper than in rubles!
And this fact alone, according to economic theory, proves the huge risks of such loan for the citizen, because banks are not just shifted to citizens all of its currency risks, but also issued loans in foreign currency practically huge ruble rates.
the Novel and other “currency” borrowers don’t have enough economic knowledge to abandon a deliberately unprofitable loan agreement. There is a financial axiom: if the borrower earns in rubles and pays these rubles to the Bank, then there should be no question of loans in foreign currency, if you don’t professional financial market.
In 2014, came the currency crisis. As a family Novel actually experienced this hassle? Well, the weak among large – uncommon. In may 2019 the Bank has won from a large family lawsuit on the recovery of “balance” on the loan and on the sale of their apartment for a significantly lower price than needed to repay the loan. “Balance” the court has calculated in the contract currency – again, in dollars. And was dollar “remainder” because of the steep Bank huge fines again nearly equal received back in 2006 the loan. And in rubles debt was… Yes, twice received many years ago of the loan! The court appreciated the apartment of 75 percent reported by the Bank “balance”. That is paid Roman Bank 12 and is received from the Bank, five million rubles was owe the Bank a lot more.
how much in excess of that insurance contributions were paid by all mortgage borrowers in the prescribed banks, life insurance and property, often related to Bank-creditor insurance companies, this accounting can not be.
But the court decision was not enforced. A small apartment in a large family, thank God, is not sold. Maybe because the Bank found out, the Russian state has allocated a young family and a half million rubles assistance. Get the help of not so much family, how much again to the Bank – money in transit flew to the Bank.
In 2019 on the recommendation of the Central Bank Roman recorded a new agreement on debt restructuring under a credit rate of 10 percent per annum. Debt even taking into account the reduction due to state aid was again more than 10 million rubles. But the repayment period, it is called “bankers went to meet the” spaced out for the next 20 years. Current monthly payment – more than 80 thousand rubles.
Thus, to date, the Bank has already received from the creditor twice more than given, and is planning to get five times more. In other words, the novel has received less than five million roubles have already given almost ten and should give another twenty-five.
the Editors asked the lending Bank to give its calculations of these amounts, but did not receive a calculation.
From the actions of the creditor Bank makes a pattern of obtaining laid flat, is dangerous to all “food” and not just for the “currency” of the poor fellows. The impression that the Bank artificially creates the conditions for the termination of a loan agreement and issuing of vending apartment for sale, using the slightest pretext.
Recall the reason for the termination of the contract with the Novel was supposedly a one-time shortfall 253 rubles in the amount of the monthly payment. In fact, no underpayment was not at all. This smacks of a setup for the citizens.
the novel in the midst of a pandemic coronavirus has delayed payment of the full monthly payment for a few days. Ban�� quietly without notice fined him for it and deducted the penalty from the payment that the novel is considered complete. Turned shortage, this shortage is carried over to the next month and “got out” after 40 days of formal, as would be legitimate grounds for termination of the contract and the sale of the apartment allegedly faulty borrower.
Now a successful, banks inform the customer about each debited from his account to the penny, but the Bank of the Novel did not consider it necessary to inform the borrower about such an important issue. The editors have no confidence that at the same time with Roman this accounting principal is not satisfied with the hundreds of other “food” in dozens of other banks.
the Bank believes himself right. Still under contract… However, the “principle of freedom of contract enshrined in article 421 of the Civil code of the Russian Federation, is not unlimited. Combined with the principle of diligent behaviour of the participant of civil relations, it does not preclude the assessment of the reasonableness and fairness of contract terms” – decided the Supreme court in one case about loans. In this case, it is burdensome for the borrower’s condition is his duty to independently calculate the payment on a complex formula and the disengagement of the Bank from the obligation to immediately inform the borrower of any breach by the customer of the terms of the agreement, accrued penalties and fines. According to article 307 of the civil code, “parties are required to act in good faith, taking into account the rights and legitimate interests of each other, mutually providing the necessary assistance to achieve the goal of an obligation, and giving each other the necessary information”.
If you look at the wider situation of the Novel, the interest for the loan to be six times more than the amount of the loan under any conditions and circumstances. A citizen should not be in lifetime bondage to the Bank, paying 33 years in a half and more than the average Moscow salary for crumbling “chromebug”. Weird that there is no mechanism that automatically adequately adjust these relationships with minimal damage to the constitutional rights of citizens, including housing. If there is no such mechanism, it must be created, because the crises and changes in economic conditions will be. Means, for any mortgage borrower remains a real risk of loss pledged Bank apartments.
legal processes mortgage borrowers who have minor children, and can be, and all “food” should be brought by the prosecutors and the guardianship.
in addition, “the Scheme of the Novel Kuzubova” can be picked up by unscrupulous employees of the Bank acting in its own interests. An employee of the Bank artificially creates a small debt, and after a couple of months triggers the sale of the apartment from the auction in “sister”, very dirty handle.
red��tion does not name a specific Bank because we asked the Bank to comment on the situation. The answer came in the form without a signature. It says that Bank one and was not going to be evicted, and sent notification of this to raise the payment discipline of the borrower in the future. To scare decided.
For any mortgage borrower there is a real risk of losing the pledged Bank apartments.
