Елена Самтынова
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Заместитель Председателя Госдумы Ирина Яровая выступила на заседании Президиума Совета законодателей в Госдуме 25 октября с законодательной инициативой о защите прав многодетных семей в области ипотечного кредитования. По словам депутата, при переоформлении имеющейся ипотеки с участием материнского капитала на более выгодные условия многодетные семьи сталкиваются с трудностями из-за необходимости предоставления дополнительных документов.
Так, одним из препятствий является позиция банков, которые на момент оформления ипотеки с повышенной процентной ставкой заключают договор, а при рождении ребенка пересчитывают совокупный доход семьи, признавая ее неплатежеспособной, и на этом основании отказывают в льготной ипотеке (под 6%). В связи с чем предлагается, ввести процедуру рассмотрения Банком России таких обращений заемщиков в индивидуальном порядке. Законопроект уже разработан и в ближайшее время будет направлен в Госдуму.
Еще одна идея высказана парламентарием: предлагается закрепить право граждан на самостоятельную реализацию заложенного имущества. Сегодня можно продать залоговое имущество только через публичные торги или аукцион, как правило, по низкой цене (ст. 56 Федерального закона от 16 июля 1998 г. № 102-ФЗ «Об ипотеке (залоге недвижимости). Кроме того, необходимо оплатить оценку имущества, услуги организаторов торгов, а иногда еще и исполнительский сбор. Однако, как отметила Ирина Яровая, гражданин должен иметь возможность самостоятельно продать такое имущество по максимально выгодной цене, а не оплачивать невыгодную для себя сделку. Соответствующий проект закона подготовлен и также будет представлен в нижнюю палату Федерального Собрания.
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