Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

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CONTEMPORARY PROBLEMS OF SOCIAL WORK
Let’s consider how much the terms of grant of mortgage-backed credits are changing in time 
as availability of credits changes [7].
In 2011 there was a program on mortgage credits on the following conditions in Sberbank of 
Russia: Initial installment confirming a fact of paying of a part of value of a property has been 
not less than 50% of value of property, the interest rate on a credit – 8%, a maximum term of a 
credit 8 years. Let’s assume that if the value of immovable property 2,500,000 rubles, the initial 
installment is 1,300,000 rubles, the credit 1,100,000 rubles, 392,935.01 rubles will constitute 
the interest on a loan. The total amount of a loan is 1,492,935.01 rubles.
In 2015 PJSC “Khanty-Mansi bank Otkrytie” granted a mortgage credit on the following 
conditions: Initial installment confirming a fact of paying of a part of value of a property has 
been not less than 30% of value of property, the interest rate on a credit – 11.95%, a maximum 
term of a credit 30 years. Let’s assume that if the value of immovable property 4,169,560rubles, 
the initial installment is 2,369,560 rubles, the credit 1,800,000 rubles, 4,822,519 rubles will 
constitute the interest on a loan. The total cost is 6,622,519 rubles.
At the same time full value is a credit, namely the interest rate will be 13.95%, but not 
11.95%, as they indicate in advertising, because a sum on property insurance as well will be 
related to credit cost.
These examples allow to clearly tracing that for the ordinary consumer it is lucrative to take 
loans on short terms so that the borrower would be taking out long-term loans because at the 
same time the bank receives excess earnings.
Unfortunately loans for a short term are taken out for citizens sufficiently complexly because 
it is necessary to have an initial installment of more than 50% of interest it is better and all – 
70–80%, value of immovable property the high monthly fees, but the majority of citizens are 
paid and there are incomes lower than an average, plus a complex economic situation of all 
emerged in the country for this moment.
In the foreign countries the state uses measures of support of persons who have taken 
mortgage. For example, an adjusted system of social support of borrowers exists in Germany. 
Depositors of construction savings offices receive annual premiums for their savings (to 10 per 
cent to an accrued sum). After receipt of a home loan the state uses direct cash grants when 
redeeming interest, for example part of a credit damping interest at the birth in the borrower’s 
family of a child and the indirect (tax benefits) form of assistance to a borrower depending on 
property state, composition of his family, etc. In a number of countries the subsidies are defined 
by targeted government and municipal programs for various categories of borrowers” [11].
Particular attention must be given to a concept of a discipline of mortgage, a mortgage 
debenture.
Under the contract of mortgage one party – a pledgee who is a creditor on a mortgage-
backed obligation – has the right to receive satisfaction of its monetary claims to the debtor 
for this liability from value of mortgaged immovable property of the other party (a mortgagor 
mainly in front of other creditors of a mortgagor) during exceptions established by a federal law 
(art. 1, paragraph 1, of the Law on mortgage). Thus mortgage has advantages in comparison to 
other means of backing of obligations [6].
There exist two grounds of an emergence of a guarantee: To force of an agreement (agreement 
of the parties) and force of a law.
Mortgage can be established in accordance with Russian legislation in force on basis of a 
contract as security for a liability under the credit agreement, credit agreement or another 
liability including an obligation based on purchase and sale, a lease, contract, another agreement, 
infliction of harm et al [8].
In accordance with art. 334.1, paragraph 1, of the Civil Code of the Russian Federation 
(further the Civil Code of the Russian Federation) and art. 1, paragraph 2, of the Federal law 
No.102-FL of 16.07.1998 “Concerning Mortgage (Pledge of Immovable Property)” (further Law 

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VOLUME 2, No. 1, 2016
on Mortgage) pledge by virtue of a law arises on basis of a federal law at the occurrence of 
circumstances specified in it (further mortgage by virtue of a law). At the same time the law 
must indicate what property and provision of fulfillment of what obligation is recognized as 
found in pledge [17]. Directly the law is the grounds for an emergence of mortgage by virtue of 
a law in the following cases:
–  During purchase and sale on a time plan of a payment (art. 488, paragraph 5, of the Civil 
Code of the Russian Federation);
–  For provision of fulfillment by a rent payer of his obligations to its receiver for a payment 
of rent (art. 587, paragraph 1, of the Civil Code of the Russian Federation);
–  During acquisition of a residential house or apartment by means of a credit of a bank or 
another organization if nothing else is provided for by a law or contract (art. 77 of the Law on 
mortgage);
–  for securing executions of a developer’s obligations under the contract of participation 
in share construction the following property is deemed mortgaged by the participants of share 
construction (point 1,2,3 is art. 13 of the Law): а) A plot of land provided for construction of 
an apartment building and/or another real estate, belonging to a developer by the property 
right or the a lease's right per the mentioned plot of land and for apartment building being 
constructed in this plot of land (to be created) to another immovable property; In the case b) 
the object of construction not in progress is of state registration of the developer's property the 
such object, v) residential and/or non-residential premises, the apartment building belonging 
to composition and/or a different property, in the case of the state registration of the 
developer's property building right, right (federal laws of No. 214-FL of 30.12.2004 “Concerning 
participation in share construction of apartment buildings and other property and amendment 
of some legislative acts of the Russian Federation”) [12].
In accordance with the art. 5, the paragraph 1, of the Law about their mortgage under the 
agreement on mortgage immovable property, specified in the article 130, the paragraph 1, of the 
Civil Code of the Russian Federation, rights to which are registered in the way set for the state 
registration of titles to real estate of estate transactions, inter alia, can be laid [19]:
1)  Plots of land with an exception of plots of land specified in article 63 of the present 
Federal law;
2)  Enterprises, as well as buildings, constructions, and other immovable property used in 
enterprise;
3) Residential houses, apartments, and sections of dwelling houses and apartments 
consisting of one room or several isolated rooms;
4)  Dachas, garden houses, garages, and other buildings of the consumer purpose;
5)  Air and sea vessels, vessels of internal sailing, and space facilities [1].
As a subject of mortgage, one can, especially, allocate apartments because their status is not 
legislatively established [20].
As to apartments, accurate understanding of the purpose of premises is important in this 
respect: The residential or non-residential one as thus the features exist during conclusion 
and execution of a contract. For example, if living quarters belonging by the property right 
to a natural person are the subject of mortgage, the agreement cannot envisage a condition 
about imposition of collection for mortgaged property in an extrajudicial way in such a way of 
implementation as reserving mortgaged property by a pledgee [14].
Since 2008 the practice on eviction of the borrowers who received a credit under the program 
of a national project “Affordable housing” who did not manage to pay assumed mortgage credits 
has started to emerge in Russia. The Agency is making such claims for a mortgage housing 
credit. Collection of property is occurring through sale of it at the auction. For the borrowers 
there is another dwelling, the one smaller of area, is not provided, they are discharged without 
an address [4].

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