Регуляция процедуры банкротства, связанной с наличием ипотеки, не сводится только к положениям Главы X Федерального закона Российской Федерации от 26.10.2002 № 127-ФЗ «О несостоятельности (банкротстве)», однако упоминается также в Гражданском и Семейном кодексах Российской Федерации, Федеральном законе Российской Федерации от 16.07.1998 № 102-ФЗ «Об ипотеке (залоге недвижимости)» и в других законодательных актах.
Важно отметить, что наличие ипотеки и/или имущества не является препятствием для проведения процедуры банкротства с ипотекой в отношении гражданина, особенно если такое имущество является единственным жильем заявителя. Главным условием для подачи заявления на банкротство с ипотекой является задолженность на сумму не менее 500 тысяч рублей и отсутствие платежей более трех месяцев со дня наступления срока платежа.
Заявление о банкротстве может быть подано даже при просроченной ипотеке. Если заявитель будет признан банкротом, то банк заберет ипотечную квартиру в счет погашения задолженности.
У гражданина имеются два варианта банкротства ипотеки:
Реструктуризация долга по ипотеке — это процесс пересмотра графика и общей суммы выплат заемщика, чтобы облегчить процесс погашения долга.Однако для реструктуризации необходимы четыре условия:
- физическое лицо должно иметь возможность заплатить все задолженности в течение трех лет;
- заемщик не должен иметь судимостей, связанных с финансовыми и экономическими преступлениями;
- реструктуризационный план не был утвержден в течение 8 лет,
- а также Гражданин не должен был подвергаться процедуре банкротства c ипотекой в течение 5 лет.
Мировое соглашение – это вариант, который предсказуемо сходен с реструктуризацией, где участники договора корректируют существующие условия кредитного договора через взаимные соглашения. Мирное соглашение возможно до суда и в ходе процесса. Такой вид банкротства считается сложным, и при его рассмотрении необходимы комплексные решения, которые мы компетентно и эффективно разрабатываем в нашей компании. Мы поможем спланировать процедуру банкротства с продажей имущества по лучшей цене и проведем дело до конца.
Чтобы избежать реализации имущества через торги, мы предварительно проводим глубокий анализ ситуации и выбираем наиболее эффективную стратегию с применением компетентных знаний и опыта в смежных отраслях права. Мы гарантируем результат, который детально зафиксирован в договоре. Зарегистрируйтесь на консультацию и получите дополнительную информацию о банкротстве физических лиц при ипотеке, их стоимости и возможностях сохранения имущества в конкретной ситуации.
Цены на банкротство c ипотекой в Волгограде
Юридическое сопровождение ипотечного банкротства
Банкротство ипотеки "под ключ"
Вопросы по банкротству с ипотекой в Волгограде
Как отражается банкротство на ипотеке?
Дают ли ипотеку тем, кто прошел процедуру банкротства?
По закону это возможно, однако, банки часто не дают кредиты банкротам из-за риска связывания с неплатежеспособными клиентами. Если банк не будет знать о прошлом банкротстве заемщика, кредит может быть одобрен. Но если заемщик допустит задержку оплаты кредита, банк узнает об этом прошлом ипотечном кредите и отменит договор.
Существует возможность обращения в банкротство по ипотеке, если имеется жилая площадь в залоге?
Но необходимо понимать, что ипотечный долг также будет включен в этот процесс, независимо от наличия задолженностей. Если имущество приобретено по ипотеке, оно будет изъято для погашения задолженностей. При этом, банк-залогодержатель имеет приоритетное право на получение денежных средств. Банкротство проходит, как и обычно, но с вовлечением органов опеки, которые будут защищать интересы несовершеннолетних.
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