What is a loan against mat capital? Rules for obtaining loans for maternity capital

Do you think we should expect this or not?

The amount of maternity capital is subject to periodic indexation; in 2017 it will be 453,026 rubles, but, according to Article 12 No. 444-FZ, this amount will be frozen until January 1, 2020.

Families do not receive cash; the maternity capital certificate can only be used in a targeted manner without issuing funds in person. But you can find companies that offer loans against capital and even cashing it out. So let's look at these proposals. Who do they come from, whether issuing a loan against a certificate is legal, the mechanism itself and the specifics of such lending.

About the reality of obtaining a regular loan for maternity capital

Citizens who want to get a loan against maternal capital typically see this scheme this way: they contact the company, give it a certificate as collateral and receive cash for it with the condition of returning it with accrued interest. This is exactly how a standard secured loan from a bank works; only banks accept real estate as collateral, and less often borrowers’ cars. It is impossible to get a loan in this way with a maternity capital certificate.

Why does a lending company need collateral? In order to sell this collateral in case of non-payment of the loan by the borrower and thereby ensure repayment of funds. What can a credit institution do if the collateral is a certificate? Nothing at all. The certificate cannot be sold, and only the one who received it (a specific family) can use it. And then, it can only be used legally to purchase real estate.

So, you shouldn’t even count on classical schemes.

It is impossible to come to a company, hand over a certificate and receive money, even in the form of a loan.

This paper is valuable only for the family , for a credit institution it’s just a piece of paper that has no value. Accordingly, you won’t be able to get a loan using it as collateral.

If you call an advertisement that promises you an urgent loan for maternity capital, you will immediately understand that this is far from a simple transaction. This is a whole scheme for circumventing the current legislation. And still, everything will revolve around the acquisition of real estate. In fact, you will not even be offered a loan, but cashing out maternity capital. That is, you cannot come, pledge a certificate and receive cash.

What kind of loan can you realistically get for maternity capital?

There is a completely legal scheme for issuing a loan against maternal capital. She is completely different from what most citizens who are interested in such a question imagine her to be. Loans are issued by real estate agencies, microfinance organizations and other financial companies.

What is the point of such deals?

What is the essence of such a loan? The loan is indeed issued, but it is inextricably linked with the real desire to use the certificate to purchase real estate. The process of buying a home using capital is very drawn out, since the Pension Fund transfers money to the real estate seller within two months (it is the Pension Fund that regulates all issues related to capital, checks the legal purity of the transaction, and transfers money).

Many sellers are not satisfied with such long terms, so the buyer takes out a loan from the company against maternity capital. But this is not cash in hand: the company pays the seller at its own expense, and the loan itself is repaid after the Pension Fund transfers the money.

Simply put, the diagram looks like this:

1. The buyer finds a home that he wants to purchase with maternity capital.
2. He contacts the company and enters into an agreement with it.
3. The transaction is being registered with Rosreestr.
4. Afterwards, the company immediately transfers the amount of capital to the seller, and a loan agreement is concluded with the buyer.
5. The buyer carries documents for registration with the Pension Fund.
6. Within two months, the Pension Fund transfers the money to the company that issued the loan.
7. After this, the loan is considered repaid.

As seen, There is no talk of any cash issuance. This is a classic loan for maternity capital, which is offered by numerous companies and real estate agencies.

The bottom line is that the company retains part of the capital funds. Typically, the commission for issuing such a loan is 30,000-50,000 rubles. That is, if the capital is equal to 453,000 rubles, and the commission is equal to 50,000 rubles, then the company does not transfer the entire amount of capital to the seller, but only 403,000 rubles. The Pension Fund, then, transfers the entire amount - 453,000 rubles, which will completely belong to the company.

All other schemes will not be legal loans. If, using various frauds, the owner of the certificate receives cash, then this will no longer be a loan, but rather a cashing out.

Gray cashing schemes and consequences

If you decide to cash out maternity capital funds, you must understand that these are illegal actions. If fraudulent activity is detected, you may receive a criminal record. The applicable article for this act is 159.2 of the Criminal Code of the Russian Federation Fraud in receiving benefits payments, the maximum penalty is 10 years in prison. In addition, you will be required to return money to the state. So, think a hundred times before contacting companies that offer cashing out.

Such companies are also usually hidden under the advertisements “Loans for maternity capital.” They cannot indicate in the advertisement the fact of cashing out, since this is an illegal action, so they use the wording “Loan”.

Has everyone seen such advertisements?

How the classic cash-out scheme works:

1. The company, which often acts as a real estate agency, finds a residential property far outside the city with a low price tag. For example, 50,000 rubles. Sometimes these houses are already registered in the name of citizens close to the agency-firm.
2. There is a standard process for acquiring such real estate using a maternity capital certificate. Only in the purchase and sale agreement does not appear the real price of the house of 50,000 rubles, but 453,000 rubles (the amount of capital).
3. The seller, who is often a figurehead, receives money from the Pension Fund within two months and transfers it to the agency.
4. The cost of the house and the agency commission are deducted from the capital amount, the rest of the money is transferred to the former owner of the certificate.
5. The house remains the property of the former certificate holder. It is registered as shared ownership for all family members, as required by law.

The company can transfer the funds after transferring them to the Pension Fund or immediately after registering the purchase and sale transaction. It is clear that if the money is issued immediately, then this is the company’s own funds, so commissions in this case may be higher. In general, the commission for such transactions is quite large. The intermediary can take up to 30-50% of the nominal capital and even more.

What will the citizen actually receive? If the capital is 453,000 rubles, and the house costs 50,000 rubles, then the amount of 403,000 rubles will be cashed out. If the commission is 50%, then the intermediary company will take 203,000 rubles for itself, and the former owner of the certificate will receive exactly the same amount.

Beware, scammers!

There are many fraudulent companies in this area of ​​activity that are engaged in deceiving citizens. They cash out capital, but do not give the funds received to citizens.

The calculation is simple: the citizen violated the law by using a cash-out scheme, so he obviously will not go to the police to file a report of fraud; he himself acted as a fraudster.

Typically, fraudulent cash withdrawals are carried out using the same method as described above. An unsuspecting citizen enters into a purchase and sale agreement and then waits for the transfer of money from the Pension Fund of the Russian Federation in order to receive cash. But no one is going to give him cash. The Pension Fund transfers the money to a fake seller, so the entire amount of maternity capital ends up in the hands of scammers. The unlucky citizen cannot do anything, however, some dilapidated house remains on his property.

Fraudulent schemes can look different, but this is not the only scenario. Remember that when cashing out, you rely only on the honesty of the company that is helping you.

Is it possible to get a loan for it? If yes, what kind of loan can I take out?

How to register it? Which banks provide this opportunity?

Legislative regulation

All issues related to maternity capital are regulated by Federal Law No. 256.

In particular, this legislative act are provided:

• conditions for obtaining a certificate;
• options for its use;
• in which assistance is allocated.

In addition, there is also a Decree of the Government of the Russian Federation, which guarantees the provision of additional financial assistance from the state for those categories of families who have given birth to a child.

Is it possible to get a cash loan?

First of all, it is necessary to remember that cash and maternity capital are concepts incompatible with each other. At a time when everyone is talking about the possibility of targeted use of financial resources from this capital, only the option of non-cash payments is meant.

Any attempt to cash out maternity capital carries criminal liability. According to current legislation, the most loyal punishment is considered huge fines and, plus everything, the return of maternity capital in full to the state.

If we talk about whether it is possible to issue loans against maternity capital, then yes, with only a small nuance: they must bear intended use. In simple words, it can be issued solely to improve living conditions.

Companies that offer to cash out maternity capital using other options are scammers, and for this they face a penalty of up to 5 years in prison, and this also applies to the owner of the certificate itself.

Types of loans

Initially, it is necessary to understand that the state program for maternity capital is recognized to provide significant assistance to those families who have had a second child. For this reason, the state has limited the list of areas for using maternity capital - only 3 areas, and these are exclusively targeted loans.

In turn, the definition of “targeted loan” means an indication in the loan agreement of the direction of application of the received financial resources with the future provision of a report on it to the social protection authorities.

Due to the fact that a loan for maternity capital can only be issued, when signing a loan agreement in this document it is necessary indication of the direction of use of funds.

It could be:

• registration of a mortgage loan;
• possible participation in shared ownership;
• or on your own.

According to current legislation, it is not prohibited to pay in cash from the maternity capital of a mortgage loan that was received before the second child was born. Moreover, it does not matter who the mortgage loan was issued to: his mother or his father. There are no restrictions on this from the state.

Which financial institutions can you contact?

Depending on which banking institution the owner of maternity capital applies to, the terms of the loan themselves are determined.

Sberbank conditions

With all this, the borrower only needs to remember one rule - it is enough to comply with the terms of the loan agreement, and then there will be no problems with the bank.

For information on issuing a loan using maternal capital, see the following video:

Having given birth to a second child, each Russian family, in accordance with the legislation of the country, receives 453,026 rubles. To ensure that money is spent wisely, the state regulates its use. Families receive not cash, the spending of which is impossible to track, but a certificate that can only be used for certain purposes.

Many people are interested in whether it is possible to legally obtain a loan against maternity capital. If you rely on the law, funds can be invested in improving the living conditions of the family, first of all, this means the condition of the living space.

Investments in children's education or parents' pensions are also considered in this context. These are all quite broad concepts that sound abstract and vague to many.

No matter how you decide to use your certificate, without the approval of the pension fund, the money will remain where it should be: in a government account. By law, you have the right to get a loan using them. However, not every goal will be approved by the Pension Fund.

In order for your plans to be realized in practice, you need to prepare a clear justification so that receiving a loan for maternity capital looks legal.

Today, a loan against maternity capital established by law is one of the types of lending in the Russian Federation. You can receive it from a bank and other financial institutions. The capital amount can be used as a down payment, and it is also possible to repay part of the loan at its expense.

As a result, three parties become participants in the procedure for transferring family capital into a loan:

1. Pension Fund.
2. The borrower and at the same time the holder of the certificate.
3. Financial institution.

The main participant is always the Pension Fund; it retains the right to refuse the applicant to receive a loan. As a rule, refusals have a clear justification.

The most common reasons for refusal are:

• the nature of the loan does not correspond to the purposes provided for by the Legislation;
• there were errors in the documentation;
• the application does not meet the requirements for registration, etc.

The vast majority of refusals are due to misuse of money. According to the law, a targeted loan for maternity capital, when it comes to lending, must be aimed at improving the comfort of the family’s living.

This means that the certificate can be used either for the purchase of a new house or apartment, or for the reconstruction of residential areas, as well as for the construction of what will later become a family home.

Pitfalls of lending under capital capital

If you expect to receive a loan against capital, be prepared for the fact that you will have to convince not only the Pension Fund, but also the bank administration. The fact that you have a certificate is not a sign of your reliability as a borrower for a long period of time (up to 30 years) and for a very impressive amount.

They will give you money only if you can document the family’s solvency. You will need to provide proof of your salary. Only the official bid of the applicant is taken into account, and it must correspond to the amount requested. It is important to prove that your family has a stable income.

Credit history can also play a decisive role. It is advisable that she talks about your reliability and responsibility.

Even if you have decided to take out a loan against maternity capital and have received the bank’s approval, be patient, since the Pension Fund makes decisions within 2 and sometimes 3 months.

Is it possible to cash out maternity capital before the legal date?

If we turn to the Legislation, it establishes a time limit on the use of family capital.

This means that financial institutions that provide loans can only give you the money you are entitled to within a certain period of time. The starting point is the date when your second child turns 3 years old.

However, the rule has a legal exception, which many parents are not aware of.

It is possible to take out a loan urgently, before the due date, if you take out a mortgage. This will be a targeted loan for maternity capital that exactly complies with the legislative framework of the Russian Federation.

In this case, the terms of the loan for maternity capital allow parents to use funds allocated by the state both for the down payment and for closing part of the repayment amount of the already issued loan.

You can either enter into a loan agreement with a bank for maternity capital or repay part of the amount on your existing mortgage immediately after your second child is born.

This kind of loan will be beneficial in all respects, since with its help you can quickly improve your life and make the loan obligation less noticeable for the family budget.

Restrictions on the use of the certificate

When thinking about how to get a loan for maternity capital, keep in mind the fact that even in the case of legal mortgage lending, the loan cannot be used for all needs.

Money can only be taken under the two categories described above: the loan itself and the down payment. It will not be possible to repay debts such as fines and penalties with funds received for the second child.

It is important to know that cash loans of this kind may not be fully utilized. If possible, it is better to leave part of the capital in the account. This is beneficial since it is indexed annually.

Sometimes even a small microloan for maternity capital can solve a family’s housing problems, and the remaining funds will be the key to your future well-being.

Is it possible to take out loans through microfinance organizations?

Cooperation with microfinance organizations in Russia has become the norm for its citizens. In many cases this is beneficial. However, not when it comes to mother's money.

If you see an advertisement: “We issue loans for maternity capital,” posted by one of the microfinance organizations, you can be sure that we are talking about fraud and a violation of Russian legislation.

The President of Russia personally signed the Law, according to which MFOs do not have the right to issue loans for maternity capital. The basis for this decision was numerous abuses of microcredit structures associated with attempts to illegally withdraw targeted funds.

You also cannot take out loans secured by maternity capital. The certificate has value only for the family that owns it. Loan-issuing structures, having received such collateral, will not be able to cash it. For them, it is ordinary paper that has no value.

Features of taking out a loan against capital

After receiving the answer to the question of whether it is possible to take out a loan against mat capital, you need to start looking for answers to another, no less important question: where to get it? In addition to banks, other (non-MFI) financial organizations can act as borrowers.

For example, cooperatives can also become creditors. True, there is a mandatory condition for them: from the moment of its registration, the PDA must exist on the market for at least three full years.

Not only the mother of a child can get a loan for maternity capital. The law also allows the father or person who adopted the child to act as a borrower. At the same time, living space purchased or reconstructed with a loan must be registered in the name of both parents and all their children.

An important nuance is that issuing loans against capital is not intended for ordinary or major repairs, for example, for replacing plumbing.

You can only:

• purchase housing;
• expand existing living space;
• reconstruct a house or apartment;
• restore the house.

It is very important to correctly prepare the documentation and describe all types of proposed actions and work.

Procedure for obtaining a loan

Since the Pension Fund of Russia will have the last word, the first step is to contact this organization and discuss all the nuances.

For example, there is such a thing as regional maternity capital, which means that each individual region may have its own additional types of material support for families. For example, in some areas the question of the possibility of purchasing a car with financial capital is being considered.

Thus, the issue of providing a loan is beneficial for those who already have a mortgage and expect to partially or fully repay it.

In this case, you need to bring to the Pension Fund:

• a statement expressing your intention to receive a loan;
• a loan contract previously drawn up with a financial institution (copy);
• certificate;
• birth certificates of all your children. If adopted children are raised in the family, adoption certificates;
• passport or other identification document of the applicant.

When collecting papers and making copies of them, it is better to make sure that there are several copies, since a package of approximately the same nature will be needed for submission to the bank. To what has already been listed, you will need to add certificates of family income.

If everything is done correctly, there is a chance that within three months you will be able to solve or begin to solve your housing problem. As you can see, it is impossible to take out such a loan for maternity capital in cash, however, nothing prevents you from getting a targeted loan and thereby making the life of your children better.

Maternity loans are offered by several dozen Russian banks. Before choosing one of them, thoroughly study the conditions of each. There may be significant differences between them. Choose the best for yourself.

Hello! In this article we will tell you whether it is possible to take out a loan against maternity capital.

Today you will learn:

1. Is it possible to get a loan against swearing? capital;
2. Which banks issue such loans;
3. How does this type of loan apply?

With the help of such an instrument as maternity capital, the state supports families who are raising two or more children. Such payments began to be made in 2007. Today we will discuss whether it is possible to get a loan using maternity capital.

Loan for maternity capital: how legal is it?

Let's note right away: cash issuance secured by funds. capital - illegal. But there are lending programs that allow its use to varying degrees.

In addition, let us clarify that the owner of the certificate cannot manage finances personally. The Pension Fund is responsible for conducting and monitoring all transactions. He allows the use of funds or refuses to do so.

Until Pension Fund employees approve the loan transaction, it does not comply with the law. You will not be able to dispose of the funds without notifying the fund, since the money is in the accounts and only the Pension Fund withdraws it from there.

The decision on whether funds will be transferred is not made instantly, but within 1-2 months. In this regard, many banking institutions do not really like to work with mat funds. capital.

Now let's look at the benefits of using these tools:

• Often such lending is the only way to improve living conditions;
• Availability of mat. capital allows you to speed up settlements on debt obligations;
• When you contact a banking organization, you can count on receiving lower interest rates, as well as other preferential offers.

Targeted loans for maternity capital

Not all loans can be repaid using mat. capital. Only those types of loans that are related to housing needs can be repaid with these funds.

Most often under the mat. capital are issued by the following loans:

• Targeted loans for construction and reconstruction of real estate.

Now let's talk about each such loan in more detail.

Mortgage credit lending

With family capital, you can pay the down payment or pay off the principal debt.

This is available in many banking organizations, but they all impose a number of requirements on the borrower:

• Your income must be stable and confirmed;
• It is better if the credit history is good;
• You must have a certain length of service in your last job.

In this case, the Pension Fund also imposes some requirements. The real estate you want to buy must have a certain status and be located on the territory of our country.

After the purchase, you must register it as shared ownership of all family members, including minor children.

Loan for the purchase of real estate

In this situation, everything is still agreed upon with the Pension Fund. For example, if you decide to buy a country summer house, Pension Fund specialists will definitely not approve such a deal. In addition, the wear level of the selected object should not be more than 50%.

Targeted loan for construction or reconstruction

Let us immediately note that the amount of family capital will not be able to cover all expenses. But it will still be very useful during the construction or renovation process.

In such a situation, there is one important nuance: the site on which you decide to build a house must be your property, otherwise legal problems may arise.

If we talk about reconstruction, then at the expense of public funds it is only possible:

• Increase the area;
• Add rooms;
• Add a floor;
• Make an attic out of the attic space and so on.

It will not be possible to carry out major repairs using these funds.

Getting a loan without waiting for your child’s third birthday

Use mat. capital until your baby turns 3 years old, perhaps, but only if you want to take out a mortgage loan, a loan for a house or apartment.

Of course, a mortgage has an undeniable advantage in this regard.

Repayment of consumer loans with family capital

Proposals to expand the list of permitted areas for the use of mat. capital are regularly submitted to the State Duma, but none of them have been adopted; all of them currently have the status of projects.

As for the regions, in some of them it is possible to use mat. capital is somewhat wider. But this is where the region’s money is spent, not from the federal budget.

For example, in some regions you can use swear words. capital to repay the loan that was taken out for the purchase of large goods: furniture, expensive household appliances.

Also in the Smolensk region it is allowed to use part of the family capital to repay car loans, but this is within the competence of the regional authorities.

Is it possible to get a cash loan using MK funds?

There can be only one answer to this question - no!

Cash and family capital are incompatible and mutually exclusive concepts. When we talk about the intended use of financial resources, only non-cash payments are acceptable.

For those who are trying to cash out checkmate using various fraudulent schemes. capital, faces criminal penalties. The minimum is a large fine along with the return of all cashed out money, the maximum is more than 5 years in prison.

Just 2-3 years ago it was possible to get a loan from microfinance companies. capital. Since 2015, these transactions have been illegal. The President signed a decree to limit such operations.

This is a necessary measure, since the number of abuses in this area has increased on a catastrophic scale.

We take out a loan against swearing. capital: step by step guide

To apply for such a loan, you must follow certain rules. All papers must be completed without errors, and the lending process itself is monitored by Pension Fund specialists.

Approach the procedure responsibly; additionally, understand the following points in advance:

• The property you buy will need to be registered in the name of all family members, including children;
• It is impossible to repay a loan taken from an MFO using family capital;
• You can apply for a loan only if you are the child’s mother, his father, or the official adoptive parent.

Issues regarding the issuance of such loans are resolved purely individually. The banking organization wants guarantees of loan repayment, and Pension Fund employees must be confident that the money is working for a good purpose - the living conditions of the children will be improved.

Step 1. We are looking for a suitable banking organization and deciding on the type of lending.

In fact, not many banking organizations are currently willing to issue loans against mat. capital. This is primarily due to the economic situation that has developed in the state.

But approximately 10-12 banks offer such financial products. We'll talk about them a little further.

Your goal is to choose a loan that will be most beneficial for you and your family.

We have already discussed the requirements that banking organizations impose; now it is worth mentioning the package of documentation that you must collect. It is not universal; each bank may require different papers.

So you need to provide:

• Original and photocopy of the certificate for the mat. capital;
• A certificate of your income for six months;
• Your passport;
• Documentation for the object you want to buy;
• A certificate confirming the income of the second spouse or close relatives if they act as co-borrowers.

Then contact the Pension Fund. Although it is better to do this before you start looking for a bank.

Obtain the consent of the Pension Fund in advance, this will save time.

Step 2. We agree on receiving a loan with the Pension Fund.

If this has not been done in advance, then we do it now. Without approval from the Pension Fund of Russia, the transaction will still not take place.

Provide fund specialists with:

• Passport;
• Documents confirming the birth of children;
• Account details for transferring funds;
• Certificate.

And the most important thing is the statement. You fill it out at the Pension Fund office, then in the prescribed form.

Step 3. Apply for a loan.

In the process of drawing up an agreement, clarify information on interest rates, clarify all unclear points, and carefully study each page of the agreement.

Reading diagonally will do a disservice here; you need to read very carefully. Especially all that is written in small print, included in notes, and so on.

Step 4. We insure the transaction.

Almost every bank requires this. For some, it is enough that there will only be insurance against loss of employment, while others require a full range of insurance.

Step 5. We fulfill the terms of the contract.

Your responsibility is to make payments consistently and avoid delays. In this case, the banking organization will treat you much more loyally.

What is more profitable to get: a regular loan or a mortgage loan?

Everything will depend on how much money you need. If it exceeds 500,000 rubles, then it is better to opt for a mortgage loan.

Also pay attention to monthly payments: their size should not be more than 30-40% of your income.

An important point is that real estate purchased with a mortgage is accompanied by an encumbrance. This means that various manipulations with it are limited until the loan is repaid.

If you look at the level of overpayment, it is more profitable to take out a regular loan. For it it is about 50%, for a mortgage it can be as much as 250%.

Do banks give loans against maternity capital?

Not all banking organizations are ready to work with maternity capital funds. We propose to consider those that have a high reliability rating and still issue loans under MK.

First of all, here is a list of them:

• Rosselkhozbank;
• Sberbank;
• VTB 24;
• Alfa Bank;
• Sovcombank;
• DeltaCredit;
• Opening;
• Unicredit.

Let's present the loan terms in table form.

Name of banking organization	Financial product	Rate in %
Rosselkhozbank	Mortgage loan against funds. capital	From 10.25%
Sberbank	Mortgage + mat. capital	From 13.5%
VTB 24	Mortgage + mat. capital	From 12.0%
Alfa Bank	Housing Improvement Program	From 13.0%
Sovcombank	Mortgage + mat. capital	From 13.9%
Deltacredit	Special program “Maternity capital”	From 12.0%
Opening	Apartment + mat. capital	From 13.0%
Unicredit	Mortgage + mat. capital	From 12.5%

How to get a loan against mat. capital without income certificate

This option is available if you want. Agree, there are various reasons why it is not possible to provide an income certificate.

Among them are:

• You have a permanent, but not official income;
• You are a freelancer (in this case, you simply have no one to get a certificate from);
• You do not want to confirm your income through the Federal Tax Service.

A banking organization may well issue a mortgage taking into account the funds. capital if the borrower is a single mother who pays the down payment with family capital.

By the way, this is quite a profitable option. In particular, this can be done by contacting Sberbank.

As supporting documents, you will only need to present a certificate for the mat. capital and a certificate from the Pension Fund, which will confirm the availability of funds in your account.

The only thing is that the loan rate in this case will be slightly higher than the base one.

Conclusion

At the end of today's conversation, we note that loans against matt funds. capital is an accessible financial instrument for certificate holders who want to use money to improve their family’s living conditions.

I would also like to give a little advice: apply for a loan only after you have fully studied all the nuances, interest rates, and most importantly, the terms of the agreement. Of course, ideally, it is better to consult on this topic with professionals who can explain all the points that you do not understand.