The Supreme Court announced a new practice of court decisions regarding the deferral of payment of current payments on loans. This applies to both legal entities who took out loans for renting real estate, and for individuals who took out a mortgage before March 1, 2020. The Supreme Court clarified that mortgage borrowers can take advantage of the vacation twice to pay off the loan.
First, they can receive a grace period of up to 6 months based on the law of April 3, 2020. No. 106-FZ, which gave debtors the right to credit holidays. The procedure is simple: the borrower writes an application to the bank, but this must be done no later than September 30, 2020. However, there are also reservations - the loan amount must not exceed the maximum amount established for such cases. the government of the Russian Federation, and the borrower's income should decrease by more than 30 percent compared to the average monthly income for 2019 year. As the Supreme Court explained, "the condition for granting a grace period in the form of a decrease in income of more than 30 percent is assumed until proven otherwise." In other words, it is enough for the debtor to start with.
On the other hand, the banking organization has the right (at its discretion) to request from the borrower certificates confirming the reduction in income or wages. Alternatively, you can request this information yourself through your own security services.
In addition, there is another possibility, in the traditional mode, to apply to the bank with an application for debt restructuring due to the difficult financial situation. According to the provisions of Article 6.1-1 of the Law of December 21, 2013 "On Consumer Credit (Loan)", he was in a difficult life situation. In this case, the basis for granting restructuring may be a decrease in the average monthly income of the debtor for the previous appeal 2 months by more than 30 percent over the average income of the previous 12 months or registering as unemployed to search work. In this case, the lender is also entitled to provide a grace period for up to 6 months.
By the way, not only mortgage holders, but also debtors on other consumer loans can apply for a credit vacation.
Source: Russian newspaper
