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Oct 12, 2021
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“I ask you not to sell my apartment without me”

“I ask you not to sell my apartment without me”

By writing such a statement, you will automatically protect yourself from the actions of fraudsters.

“Please forbid me to credit” – that was the title of the material recently published in “MP”. We told the readers about the draft law prepared by the State Duma on a voluntary ban on credit. The document will allow Russians to refuse in advance any loans and borrowings that may be issued in their name. This provides a real opportunity to protect millions of citizens from more frequent cases of fraud.

ANY LAWS ARE NEEDED

Dozens of readers responded to our publication, and one of them, a Muscovite Alevtina Yakovlevna Biryukova, recalled that approximately the same prohibition, only in relation to real estate, is already in force in our country, and asked to tell more about this unusual service, and also to explain how to arrange it.

“I once heard about the existence of such a ban on the radio,” Alevtina Yakovlevna explained by phone. – There was a direct line with a lawyer who answered questions from the audience. And some woman complained that she was constantly harassed by dark personalities who wanted to take over her housing. It was then that the lawyer advised the woman to issue such a ban. I was also interested in this question …

A panacea for all troubles?

Responding to the request of the reader, we found out that we are talking about a ban on any transactions with real estate without the personal participation (presence) of its owner. Specialists of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) called this ban the simplest and most effective measure to prevent fraudulent activities with real estate.

As told to “MP” in Rosreestr in Moscow, the right of the owner to impose a ban on registration actions with the property belonging to him without his personal participation is regulated by the Federal Law of 13.07.2015 No. 218-FZ “On state registration of real estate”. At the same time, experts explained: if you prohibit any actions in relation to your apartment, country house, summer cottage, parking lot, any other real estate, then no one will be able to claim them without your consent.

APARTMENTS “RENTED” ONCE

And examples of such – a dime a dozen. One of them was cited by Maria Makarova, deputy head of the Rosreestr Office for Moscow, recalling last year’s case in the Western District of the capital. Then the fraudsters, using forged documents, tried to re-register the rights to the owner’s apartment, who, of course, knew nothing about it.

The swindlers were detained. But after all, many retirees are deprived of their real estate in this way. To prevent this from happening with a 100% guarantee, such a ban is needed.

IT IS BETTER to spread the STRAW

In order not to find out one day that the apartment has become the property of another person, the home owner should apply for the impossibility of state registration of the transition, termination, limitation of the right and encumbrance of the real estate object without his personal participation.

– After submitting such an application to the Unified State Register of Real Estate – abbreviated USRN – a special entry is made, – explains Maria Makarova. – In this case, if, for example, the alleged swindler comes to re-register someone’s property, his application will be left without consideration.

MAIN QUESTIONS

HOW TO DISABLE?

To prohibit real estate transactions without personal participation, the owner must submit an application on the impossibility of state registration of the transition, restriction, termination of the right to the real estate object without his personal participation or his legal representative (not to be confused with a representative acting by proxy). After registering the application, no one will be able to sell, donate or rent out, for example, an apartment without the presence of the owner.

WHERE TO OBTAIN?

You can write a statement about the impossibility of state registration of real estate transactions without the personal participation of the owner:

• in a multifunctional center, with a personal reference with a passport to any of the offices of the MFC “My Documents”;

• by mail, having assured the authenticity of your signature on the application of the established form with a notary;

• in your personal account on the Rosreestr website rosreestr.ru (remote submission of an application through the agency’s website is available using a login and password from the State Services portal).

As for Muscovites, as Maria Makarova explained, you can contact the office of public services only in cases where the property right was registered after 1998. If this was done before 1998, you will need to first establish ownership in the MFC, and then issue a ban.

WHAT PROPERTY CAN BE PROTECTED?

You can make an entry in the register in relation to any real estate object in respect of which the owner’s rights are registered in the USRN: apartments, rooms, parking spaces, land, etc. If the object is in shared ownership, then you can impose a restriction on transactions only on your share in the right to the real estate object.

HOW TO MAKE A STATEMENT?

The application form is contained in Appendix No. 2 to the Order of the Ministry of Economic Development of Russia dated December 8, 2015 No. 920.

HOW QUICKLY WILL THE RECORD BE INCLUDED INTO USRN?

Within five days from the date of submission of documents, the information will be entered into the register. When submitting documents through the MFC, the registration period will increase by two working days.

CAN THE ENTRY BE NULLED?

The entry is canceled on the basis of:

• statements by the owner or his legal representative to revoke a previously submitted application about the impossibility of registration;

• decisions of the state registrar of rights simultaneously with the state registration of the transfer or termination of property rights, carried out with the personal participation of the owner (the application of the owner or his legal representative is not required). In this case, we are talking about a situation in which real estate is alienated in favor of another person. Since an entry can only be made in relation to property that is owned, then after the alienation of the property, the record of the previous owner will be automatically canceled.

IN WHAT CASES WILL THE MARKING IN THE USRR NOT IMPACT REAL ESTATE DEALS?

An entry in the register does not prevent the state registration of the transition, termination, limitation of the right to real estate and encumbrances of the real estate object, if the basis for registration of the right is a court decision that has entered into legal force, the requirement of a bailiff in the cases provided for by the Law on Enforcement Proceedings, and in other cases established by federal laws.

Materials prepared by Ivan Zaveryukha

Photo: Adobe stock

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