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Consumer credit cooperatives maternity capital loans. How to get a loan for maternity capital. How is a loan for maternity capital provided?

There was a joyful event in the family of Alexander and Elena: a second child was born - a son, and now the parents have twice as much worries. As you know, since January 1, 2007, the state has been actively encouraging such conscientious citizens as our heroes, rewarding them with a substantial sum of money (in 2014 - about 430 thousand rubles). But, as you know, you can receive the treasured capital only when the child is 3 years old. But what if you need money now? Is it possible to get a loan against maternal capital and how legal is this? What does the state allow the allocated amount to be spent on?

To answer all his questions, Alexander signed up for a consultation with a lawyer, and here are the actual answers he received to his questions.

What is maternity capital?

Family capital, which is also called maternal capital, is a set amount of budget support allocated at the birth of a second child and subsequent children to Russian citizens, starting from 01/01/2007. All legal nuances were regulated by the Federal Law of December 29, 2006 N 256 “On additional measures...”. To receive funds, you need a special personalized certificate, which is issued to the parent (in some cases, the guardian). This document is submitted to the territorial body of the Pension Fund with the corresponding application.

What options are there for using family capital?

(improving living conditions);
Payment for education for a child;
Accounting (the most unpopular form).

When can maternity capital be used?

By general rule, money is available only when the child reaches 3 years of age. But if we are talking about repaying a loan (interest on it) for the purchase or construction of housing, paying the down payment, then the certificate can be used at any time - at the request of the parents.

How legal is it to take out a loan against family capital?

The question of the legal purity of the procedure still remains open. A literal interpretation of the legislation leads to the idea that money can only be used to improve living conditions (and only for a house, but not for improving facilities). Pure “cash out”, even when it comes to urgent needs, is not legal. Accordingly, by using any loopholes offered by the “craftsmen”, the parent risks falling under criminal charges and incurring serious liability. And the most important thing is to lose the money received in this way.

By the way, young families have a legal right to, which is no less than 30% of the cost of the purchased apartment.

How is a loan for maternity capital provided?

IN currently funds are issued only for needs related to improving living conditions (participation in shared construction apartments, real estate acquisition, ). Young parents have two ways to use state resources - contact a bank or a financial institution.

What documents are required to receive financing?

To obtain a loan (credit), the following documents are required:

Certificate for receiving family capital;
A document confirming the identity of the person to whom the certificate was issued (mother);
Certificate from the Pension Fund of Russia regarding the capital balance;
Application to the Pension Fund for the disposal of financial capital.
A document confirming the identity of the spouse of the certificate owner;
Marriage certificate;
Pension Fund certificate;
Birth certificates of children;
A complete package of documents for the purchased property.

When applying for a loan, a loan for maternity capital, it can be used to pay the down payment, repay interest and principal, as well as a mortgage loan.

What is the procedure for obtaining a loan for maternity capital?

Submission of documents and conclusion of an agreement. The entire package of papers is transferred to a credit and financial institution, with which an agreement is signed for the provision of services in the course of further work.
Receiving funds. Financial resources that must be spent on resolving the issue with the developer (seller of the property) are transferred to the applicants’ bank account, and from there to the final addressee.
Transfer of documents to the Pension Fund. The real estate purchase and sale agreement and the loan agreement concluded with the financial institution are transferred to the territorial authority.
Return money to the lender. No later than within three months cash are transferred to the creditor (the organization acting in his capacity), and the encumbrance is removed from the acquired property.

As a rule, the borrower pays interest for the time the funds are used while the Pension Fund of the Russian Federation is deciding whether to satisfy the application of the certificate owner. This amount is within 5-15% of the total funds raised, which is acceptable for the family. When collaborating with banks, funds are not transferred to the certificate owner, and all payments are made between legal entities.

So, the scheme looks quite complex and confusing, since the security for the loan amount is not entirely clear. After all, a certificate is a personal document, and only the owner can receive money from it, and only for the needs specified in the law. But in fact, the encumbrance is imposed on the object, which serves as collateral. Nevertheless, thousands of people have already tried this option for obtaining a loan, and all of them were satisfied (to one degree or another) with such cooperation.

Important: The following methods for cashing out maternity capital are illegal, and their use may result in criminal penalties. They are given as an example of how funds received from the state for the birth of a second child cannot be used.

Options for fraud when applying for a loan for maternity capital:

Real purchase during a “fictitious” sale. Some organizations offer the return of part of maternity capital when purchasing real estate at a clearly inflated price (this is especially typical for the regions). As soon as the transaction is completed and the certificate is cashed, young parents are denied a refund or their share is significantly reduced, and they are left alone with the property. Of course, a rare deceived parent will go to the police with a statement, because he has actually become an accomplice in the crime.
Trusting relatives. Several cases of fraud have been identified in the fictitious purchase of real estate from relatives, if the last names are different. By purchasing an apartment or house at an inflated price in order to cash out money, you can forever quarrel when dividing up finances, and gullible “sellers” can be left without real estate and without money.

Withdrawal of a certificate. Some gullible citizens simply sell their document or transfer it without payment - under the “guarantee” of reward in the future. Using various schemes cash, the attackers can then either leave the person without money or offer a very modest payment - in the amount of 50-100 thousand rubles.

Is it possible to get a loan for maternity capital for consumer needs?

Perhaps this question worries everyone who could theoretically fall under the government support program. And, if desired, such offers can be found on the Internet - there are dozens, if not hundreds of them. As you might guess, the money ends up with the certificate holder without reaching the property owner. In fact, a fictitious transaction is concluded to purchase an object when neither party intends to fulfill its obligations.

In this case, the owner of the certificate receives 30-70% of the amount of maternity capital, and not its entire amount. But – we especially emphasize – this option is illegal, and in the practice of Russian law enforcement agencies there have already been cases of mass prosecution of citizens.

An analysis of the legislation demonstrates that it is possible to “cash out” funds allocated as family capital, but this may be regarded as an abuse of one’s right. Therefore, legal processing of a loan is possible only if living conditions are improved, and there are several options here, including. We cannot dissuade you from cooperating with microfinance organizations, but we recommend that you carefully evaluate your prospects when working with them.

As you know, maternity capital is one of the most popular forms of state support for Russian families raising children. At the same time, a loan cannot be obtained in the form of cash (in cash), so maternity capital is usually used as one of the most popular types of lending to young families.

Today, maternity capital can be used for purposes such as:

improvement of living conditions;
getting an education;
solving serious health problems.

Take a loan for maternity capital

This type of loan, or, as it is also called, collateral against a family certificate in cash, is most often taken to change living conditions for the better. Today, there are three options for using a family certificate to purchase housing:

payment of a down payment on a mortgage loan;
repayment of interest, as well as debt on purchased housing;
an increase in the loan amount by the loan amount in a situation where a home is purchased at a higher cost than a young family can legally afford.

So a loan for maternity capital can become a serious support for a family dreaming of purchasing a home or maximizing their living conditions.

Cooperatives issuing loans

Typically, such significant amounts as a loan for maternity capital are issued by banking organizations, but in Lately people more often turn to consumer credit cooperatives (CCCs), which are ready to issue targeted loans against a family certificate. The fact is that these cooperatives are much more loyal to clients, although some of them require the provision of collateral until the money is transferred by the Pension Fund.

Drawing up an agreement with the CPC is quite simple: after choosing a suitable object, an agreement is signed for several months. During this time, the money is transferred to the cooperative’s accounts, so the borrower pays interest, in fact, only for these two to three months.

How to get a loan for building a house?

By law, maternity capital can be used only after 3 years after the birth of a child, but if the living conditions are not very good, this period may rightfully seem like an eternity. Therefore, most often, another option is chosen for building a house, according to which a loan is issued and the construction process begins.

After this, an application is written to the pension fund with a request to transfer funds to pay off the debt for building a house. In this situation, the law provides for the possibility of claiming maternity capital before the child turns three years old.

Loan for maternity capital in Sberbank conditions

This type of loan can also be taken from Sberbank, which sets its own specific conditions. These include the following:

issued at the request of one of the spouses;
housing is registered as the property of the borrower or the common shared property of the spouses;
if the borrower's salary is not paid by Sberbank, then the potential borrower must provide documents that confirm his financial condition.

In addition, Sberbank is one of the few banks, which also includes Rosselkhozbank, where you can take out a loan against maternity capital in cash. So it’s definitely worth trying to do this, be it Chelyabinsk, Orenburg, Voronezh, Novomibirsk, Pervouralsk, Kurgan, Shadrinsk or Kansk. Although it is necessary to understand that this is not some consumer loan for an individual or legal entity.

What do financial institutions around the country offer?

In the country as a whole, the conditions for taking out a loan this year for maternity capital are approximately the same. Therefore, regardless of where to take out what is essentially a mortgage loan: in Krasnoyarsk, Tobolsk, Tula, Nizhny Novgorod, Kemerovo, Saratov or Orel, the conditions are practically no different.

Cashing: Is it possible to get money in cash?

As mentioned above, not every bank issues a cash loan against maternity capital. Therefore, both Sberbank and Rosselkhozbank, when issuing it, require a certificate for maternal capital, as well as a notification issued by the Pension Fund about the balance of funds.

The easiest way to get such a loan is in Russian cities such as Yekaterinburg, Chita, Tyumen, Krasnodar, Stavropol and St. Petersburg. On the other hand, in Novokuznetsk, Abakan, Rostov-on-Don, Simferopol, Belgorod, Kaliningrad or Ulyanovsk, this procedure is more difficult.

If the borrower urgently needs to cash out the required amount, and even without a certificate of income, then best option than Ivanovo, Barnaul, Perm and Khabarovsk simply cannot be found.

Loan for maternity capital reviews

That's all today large quantity people are trying to take out loans against capital to build a house or buy an apartment. This is evidenced by numerous reviews of people living in Moscow, Samara, Pskov, Vladimir, Tyumen, Tomsk, Irkutsk or even Kyzyl, who took advantage of this opportunity.

Where can I get cash loans?

As mentioned above, they can be obtained from certain banking and other financial institutions. How such a loan is issued for maternity capital and what specific documents are needed can be found out where it will actually be issued.

Let's consider the features of obtaining a loan for maternity capital. How does a loan differ from a loan, what are the features of obtaining it and what documents are needed to complete such a transaction.

According to the rules, if the agreement does not specify the terms for repayment of the loan provided, the person who received it is obliged to return the money within thirty days from the date of receipt of the request for the return of the provided funds.

Despite the fact that many consider borrowing and credit to be the same financial transaction, this is not so. A loan differs from a loan in the following ways:

Credit, unlike a loan, can only be provided.
The loan can be provided by any individual or legal entity, or the state.
A loan does not necessarily imply an interest rate. The person giving the loan can provide it without charging interest, of his own free will.

Conditions

A loan is one of the forms of civil relations between persons. Legally, this form of legal relations is enshrined in paragraph 42 of the Civil Code of Russia. ABOUT The features of the loan are as follows:

Use only, that is, exclusively for improving living conditions, building a house, purchasing housing, for example.
Repayment of the loan with maternity capital is made only by bank transfer.
If the amount exceeds ten times the minimum wage, or if the loan is issued legal entity, the agreement must be concluded only in writing.

Non-targeted receipt of funds by a borrower secured by “mother’s” money is illegal.

Required documents

To process and receive funds, the borrower must collect and provide the following package of documentation:

, confirming the right to.
family members.
or getting over it.
Individual borrower.

Do not transfer the certificate to third parties under any circumstances, even under “guarantees” of refund in the future. After cashing out, the scammers will not pay you a penny.

Also, in addition to the first package of documentation, you must attach a second one, which contains information about the seller of the property. This may include:

A copy of the seller's passport.

These documentation packages are submitted to local government Pension Fund.

Remember, if you take steps aimed at illegally using and obtaining “mother’s” money, you automatically become an accomplice in the crime, which means that you will have to answer on an equal basis with scammers.

Receiving process

The general procedure for obtaining a loan is basically as follows:

Search for real estate you are interested in purchasing.
Search for an organization willing to provide funds for purchases secured by “mother’s” money.
Study and discussion of the terms of repayment of the loan provided.
Submission of documents to complete the transaction.
Conclusion of the contract.
Sending documents to the pension fund.

After receiving all the documentation, the pension fund makes decisions on whether to approve or reject the submitted application.

Do not purchase real estate at an inflated price under the promise of receiving part of the maternity capital funds. This is a type of fraud. After the deal is concluded, no one will pay you anything and you will be left alone with the debt obligations of the loan.

Companies providing loans secured by maternity capital

In principle, you can contact any organization providing loans. individuals, but it’s better to contact companies that are participants in the Unified Loan Database of MFOs of the Russian Federation. Organizations providing loans against maternity capital:

CPC "Center for Savings and Loans".
Group of companies "CFP".

If the borrower chooses another organization, it is strongly recommended to study its reputation and carefully check all permitting documents.

As can be seen from the above, getting a targeted loan is not easy, but quite possible. Do not forget that using maternity capital for other purposes is illegal and will entail liability and loss of funds due.

Any attempt to “cash out” maternal money through a loan is illegal.

What they come up with to cash out maternity capital:

How to take a targeted loan for maternity capital without waiting 3 years? How to get a loan under mat capital in 2018? Is it possible to legally get a cash loan against family capital?

We welcome our readers to the portal “HeatherBober.ru”! Dmitry Shaposhnikov is with you!

The topic of the next publication is borrowing money for maternity capital. The article will be useful to mothers, family people and all those who want to improve their level of financial literacy.

So, let's go!

1. Loan for maternity capital: legality of the transaction and features of the procedure

Options for using maternity capital (MC) funds for specific family needs are quite numerous. The state makes it possible to spend funds on improving living conditions, invest them in education, and transfer them to a future pension account.

Here we will consider all the options for loans for maternity capital that financial institutions provide to citizens.

What is a loan for maternity capital?

A maternity capital loan is a type of loan that a bank (or other financial institution) issues to the owner of a maternity capital certificate. Funds from maternity capital are used to make a down payment on a loan or repay its principal part.

The transfer of funds is handled by the Pension Fund - it is this organization that resolves all issues regarding the use of family capital. If the Pension Fund of the Russian Federation issues approval for a loan, the issue is half resolved - the owner of the certificate can calmly look for a bank to conclude a loan transaction.

Are such financial transactions legal?

Until the operation is approved by the Pension Fund, it will not be considered legal. You cannot use tools to bypass this structure. This is hardly possible at all - after all, the money is stored in the Pension Fund in government accounts, and it can only be withdrawn from there with the permission of the organization itself.

Each such transaction involves 3 parties:

Owner of the certificate.
Pension Fund.
Financial company (bank).

The last word always remains with the Foundation's employees. This structure may refuse to pay the loan to the applicant and the credit company for various reasons - not correct design statements, errors in documents, non-targeted nature of the loan.

The purpose of the loan is decisive. The issuance of public funds is carried out mainly for the acquisition, reconstruction and construction of housing. To make a decision on transferring funds to the bank Pension Fund may take 2-3 months.

It is not easy for many families to get a positive decision on issuing a loan, since not only the Pension Fund of the Russian Federation, but also the banks themselves put forward certain requirements for borrowers - a stable income, an official salary and an impeccable credit history.

But when an agreement is reached, the owner of the certificate receives numerous advantages in the form of a long loan repayment period and a low interest rate. Some banks have special programs that support large families and issue mortgages and others housing loans on preferential terms.

Latest news about maternity capital:
President Putin proposed to the government to extend the maternity capital program until 2022. Moreover, he took the initiative of making monthly payments from maternity capital to needy families until the child reaches the age of 1.5 years.
Other innovations include the possibility of paying from public funds for childcare services in preschool institutions for children under 3 years old.
Video on this topic:

2. Is it possible to urgently get a loan against mat capital without waiting 3 years?
According to the law, MK products can only be used after the child reaches 3 years of age. But not all parents are aware that there is an exception to this rule.
Use maternity capital until you reach age three years is quite possible – if we are talking about mortgages or loans for the purchase (construction) of housing.
In this regard, a mortgage has an undeniable advantage over other types of loans. Since 2015, it is allowed not only to repay a previously taken out mortgage loan, but also to make a down payment on maternity capital funds without waiting for the child’s third birthday.
Example
The family has a 15-year mortgage debt. 5 years after the start of payments, their second child is born. Parents can immediately use maternity capital to pay off this mortgage loan.

By repaying housing loans ahead of schedule with the help of government subsidies, families get rid of debts earlier and move to new apartments and houses faster. This practice of repaying loans is especially relevant for families with problems with living space.
Please note that you can only repay the principal debt and interest on it using maternity capital funds.
It is strictly prohibited to pay late fees and penalties with maternity capital.

It is also not necessary to use the entire amount of mat capital to pay off the debt– you can leave some for the future, especially The amounts of family benefits are subject to annual indexation.
3. For what purposes can you take out a loan against family capital - options for improving living conditions
Banks and other financial organizations issue targeted loans against family capital only if they are used to improve housing conditions.
Some general provisions Regarding loans for capital:
taking a loan to purchase real estate involves registering the apartment as the common property of the parents and all children;
payment is available for a loan for purchase or construction taken out before the birth of the second child;
since 2015, it is prohibited to repay debts to microfinance organizations, regardless of the purpose of the loan;
You can take out a loan to the mother, father of the child, as well as his official adoptive parent.

Certificate holders have access to unique and exclusive lending programs offered by specific Russian banks. However, in any case, the issue of issuing a loan is decided on an individual basis.
All options for loans secured by maternity capital are discussed below. The choice of one method or another depends on the goals and capabilities of the family.
Loan to buy or build a house
Some banks provide loans or mortgages for the purchase of a house, dacha, or cottage. Mostly, such services are needed by residents of rural areas or city dwellers who want to live in their own home.
Full details about this type of lending are described in a separate publication - “”.
In this material we will consider all types of lending as part of a general overview.
There are 2 types of loans to buy a house:
making a down payment for a house using capital funds;
repayment of the loan principal.

Both options involve full or partial use of funds secured by a state certificate.
You can get a loan to build a house, however, in this case, obtaining permission from the pension fund will take more time and moral strength from the certificate holders.
Representatives of the Pension Fund need to make sure that future housing will meet all the requirements of convenience and reliability, and that the loan issued by the bank will be used specifically for construction needs.
Loan to buy an apartment
According to the Pension Fund, this is the most common type of loan for family money. Most large Russian banks are willing to work with maternity capital when it comes to purchasing a primary home.
Borrowers have the right to make a capital contribution in the form of a down payment or use it as a means of reducing the interest rate and repaying the principal debt.
Requirements for borrowers in different banks They differ in the set of documents, types of insurance, and loan terms. The owner of the certificate has the right to choose the most profitable option for himself and use state support to significantly improve living conditions.
More detailed material on this topic is in the article “”.
In addition to purchase and construction, families have the legal right to use maternity capital funds for other housing needs.
In particular on:
housing reconstruction;
recovery;
expansion of the area of a private house.

In this case, the correct execution of this procedure is of utmost importance: all work related to reconstruction must be documented and confirmed.
Important nuance
Conduct major renovation With the help of public funds (replacing plumbing, re-pasting wallpaper and finishing the facade) it will not be possible. The law does not provide for the allocation of maternal capital for these needs.

We are talking only about housing reconstruction - carrying out construction work aimed at radically improving the current technical indicators of housing and increasing the efficiency of the premises.
In other words, with the help of a loan against capital, you can change the dimensions of the premises, increase usable area, build extensions and superstructures, make an additional floor in a private house, convert the attic into an attic, etc.
Family capital can be used for such work only after the child’s third birthday. In principle, reconstruction can be completed before this period, and after three years, compensation can be requested, but in this case, such a decision must be agreed upon with the Pension Fund in advance, and all work must be documented.
4. What is the procedure for obtaining a loan for maternity capital?
In order to successfully carry out the loan procedure, you need to act in strict accordance with the existing rules for processing such financial transactions.
Both Pension Fund employees and bank employees are very attentive to documents and the procedure for conducting transactions with family capital, so parents should approach the issue of applying for a loan as responsibly as possible.
Step 1. Collection and execution of documents in the Pension Fund
The first thing to do is contact the Pension Fund for permission to borrow. The final decision is made by this organization, therefore, before negotiations with the bank, all issues regarding the Pension Fund must be resolved.
The standard list of documents looks like this:
the certificate for maternal capital;
identification documents of the owner;
a copy of the loan agreement, if we are talking about repayment of an existing loan or mortgage;
birth (adoption) certificates of all children of the family;
application for the use of MK for a loan.

The same papers (plus income certificates) will be needed to draw up a banking agreement, so it is better to make several copies.
On the HeatherBeaver website there is a separate article about that, according to all the rules.
Step 2. Selecting a financial institution
During the crisis, some banking organizations have suspended issuing loans against capital, but the largest participants in the domestic financial sector continue to issue loans to families with 2 or more children.
Banks offer dozens of different financial products related to the use of maternity capital. The certificate owner’s task is to choose the most profitable loan option for himself.
Interesting programs are offered by: Sberbank, VTB 24, Bank of Moscow, Unicredit, DeltaCredit and some others.
The table below shows profitable programs of domestic banks and interest rates on them
Step 3. Drawing up an agreement with the bank
It is important for the bank that the borrower has a stable income, permanent official work, and a clean credit history. If the income of the certificate owner seems insufficient to bank employees, they may insist on the participation of a co-borrower in the transaction - a second parent or direct relative with a high income.
All sources of income must have documentary evidence - you should take care in advance of employment certificates from the accounting department and other documents confirming your financial solvency.

When drawing up a contract, pay attention to the monthly interest rate and the total term of mortgage payments.
Step 4. Transaction insurance
Almost all banks mandatory conditions– loan insurance. For some institutions, insurance in case of loss of employment (the main source of income) is sufficient.
Other organizations insist on life insurance for the certificate holder and property insurance in case of damage, natural disasters and other force majeure situations.
Step 5. Compliance with credit conditions
Stable deductions and compliance with loan terms are the key to a loyal attitude towards the client of bank employees. Try to avoid delays, as this is punishable by penalties in the form of penalties and fines.
Experts advise not to use all of your maternity capital at once when repaying a loan, but to leave about a third in case payments are suspended for some reason.
5. FAQ – answers to frequently asked questions
And now the answers to the most FAQ certificate holders.
Is it possible to get a loan against mat capital in cash?
Alas, cash and maternity capital are incompatible concepts. Parents have access to only one-time payments that the state provided to certificate holders in 2015 and 2016 (20 thousand rubles and 25 in the form of a repeat payment).
Banks, private companies or private entrepreneurs who promise to help you cash out your maternity capital for a commission are outside the scope of Russian legislation. In other words, these are scammers who want to take over your assets.
Is it possible to get a loan for consumer needs?
In some regions (for example, in Mordovia or in Ivanovo region) such loans are possible, but in the main part of the Russian Federation bank loans for consumer needs are not issued.
However, the maternity capital program is in constant development. It is possible that in the future it will be possible to use family money to buy furniture, household appliances and electronics.
What is better – a loan (credit) or a mortgage?
The answer to this question depends on the amount the borrower requires. If we are talking about an amount over 500,000 rubles, then mortgage loans are more appropriate than conventional loans.
The monthly payment amount also matters. It should not exceed 30% of the borrower's total income. The loan term is usually limited to 1-5 years; a mortgage can be taken out for 15-30 years.
Another nuance: a mortgage loan is accompanied by an encumbrance on the property. This means that until the mortgage is fully paid off, a number of restrictions on the use of real estate apply.
Violation of established points entails sanctions from the credit organization up to the termination of the contract and the requirement to repay the loan early.
As for overpayments on loans, due to the long repayment period of the debt, a mortgage is less profitable. If, when making a loan, you overpay a maximum of 50%, then mortgage loans this figure can be 100% or even 200%.
In which financial institutions can the transaction be completed?
Dozens of Russian banks work with maternity capital. All of them offer, whenever possible, unique products that are beneficial to young or large families.
Transactions are executed directly at these financial institutions with the participation of the Pension Fund. Both structures (the bank and the Pension Fund of Russia) monitor the legal purity of the transaction.
Is it true that MFOs have been banned from issuing loans against maternity capital?
Is it true. The law prohibiting such companies from working with family capital was signed personally by the President of the Russian Federation. The need for such a step is caused by abuses on the part of microfinance organizations associated with illegal attempts to cash out 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:

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

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.
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).
The seller, who is often a figurehead, receives money from the Pension Fund within two months and transfers it to the agency.
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.
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.