Russians who have fallen under partial mobilization are worried about their financial obligations to banks: someone has a mortgage, someone has a business development loan — who will pay while they are not working? On September 28, the State Duma approved a draft law on preferential lending terms for those who participate in a special military operation. Aif.ru figured out how credit holidays for military personnel will work after final approval.
Who can apply for credit holidays?
The following can take advantage of the new possibility of deferred payments:
- Russians mobilized for military service who took out a loan or loan before receiving a notice of mobilization;
- servicemen under the contract, subject to participation in a special military operation on the territory of Ukraine, the LPR or the DPR (SVO), who took out a loan before the day of participation in the SVO;
- servicemen of the National Guard, military formations, the Foreign Intelligence Service, Federal Security Service, military prosecutor's office, military investigative bodies of the Investigative Committee of the Russian Federation, the federal body for providing mobilization training of state authorities of the Russian Federation, subject to participation in a special military operation on the territory of Ukraine, LPR or DPR, who took out a loan before the day of participation in the SVO;
- volunteers assisting the Armed Forces of the Russian Federation under a contract who took out a loan before the day the contract was signed;
- Russians serving in the border agencies on the territory of the Russian Federation, who ensure the conduct of the military defense.
In addition to the borrowers themselves, members of their families can apply for a loan holiday.
For what obligations can I get credit holidays?
The draft law specifies a loan agreement, including one secured by a mortgage, and a loan agreement. Head of the legal department of Bankrupt-Service LLC; Angelina Vintaykinaexplained to aif.ru that the future law does not contain any restrictions: “This wording includes car loans, microloans, and other agreements secured by a pledge of property. The main advantage of the new law — there is no limit on credit obligations, payments on which can be suspended. For example, when credit holidays were introduced at the height of the coronavirus pandemic, credit holidays on a mortgage loan could be taken if the loan amount did not exceed 3-4.5 million rubles, the limit on simple loans was also limited.
How to use credit holidays?
A soldier and members of his family are not required to rush to draw up documents — they have until December 31, 2023. To apply for a loan holiday, the borrower or his relatives need to send to the bank or other borrowing organization an application for a grace period, along with documents confirming the borrower's participation in the SVO. If the document is submitted by relatives, then documents confirming the relationship with the military must also be attached. The bill says that for sending you need to use the notification method that is prescribed in the loan agreement, or the mobile number that the bank provided for communication.
After receiving the documents, the bank must check the information about the military service of the borrower — For this, a request will be sent to the Ministry of Defense. A response from the Office must be received within seven days of receipt of the request.
The applicant may not provide documents on military service — a credit institution is not entitled to demand them until confirmation is received from the Ministry of Defense, but after the approval of the grace period — maybe. If the serviceman did not immediately provide the necessary information, they must be sent to the bank before the end of the credit holiday.
The bank has 10 days to consider the application for a deferment. He must notify the borrower of his decision — it doesn't matter if it is positive or not.
At the end of military service, the bank client must inform the creditor about the end of the grace period.
When will the loan holiday start?
A serviceman or a member of his family has the right to determine the date from which the bank will provide preferential lending terms, but not earlier than September 21, 2022. If the applicant did not use his right, the bank considers the beginning of the day when the serviceman sent a request for a deferral.
How much can you not pay on the loan?
Depending on which category military personnel is a borrower, the bill singled out two options for granting credit holidays:
- for the period of mobilization or the period for which the contract was concluded, + 30 days;
- For the period of participation in the CBO + 30 days.
Is it possible to extend the credit holidays?
Yes, but only for the period of treatment of a soldier from injuries or illnesses received when participating in the CBO.
Will interest be charged during the loan holidays?
Head of the legal department of Bankrupt-Service LLC Angelina Vintaykina explained to aif.ru that the draft law does not contain any mention of a moratorium on the accrual of interest under a loan/loan agreement for the grace period. “Regardless of the reasons for granting holidays, credit institutions continue to accrue interest stipulated by the agreement. In fact, the grace period implies two scenarios: you can not make loan payments at all or reduce the monthly payment, that is, the loan term will increase, the payment schedule will change, and the payments themselves will be recalculated after the end of the holidays, taking into account the deposited money and accrued interest for the entire period. , — the lawyer commented.
Legislators propose during the grace period to accrue interest on the amount of the remaining principal debt, which is fixed on the day the holidays are established, to accrue interest at a rate equal to 2/3 of the average market value of the full cost of a consumer loan (loan) in percent per annum (you can see the current value here), but not higher than the interest rate stipulated by the terms of the loan agreement in force before the grace period was established. The exception is mortgage agreements.
As follows from the text of the bill, military personnel have provided for the lifting of sanctions for late payments or failure to make payments. For delays or missed payments from February 24, 2022, banks should not charge a penalty, and the one that has already been charged can not be paid.
How to pay after the end of the loan holiday?
The credit institution is obliged to inform the client about how and how much he will have to pay after the end of the grace period. To do this, no later than the next day after the end of the credit holiday the bank must send the borrower a new payment schedule.
What will happen to the loan in the event of the death of a military serviceman?
The legislators have provided a number of grounds, upon the occurrence of which the borrower and/or members of his family will no longer be able to pay on the loan (loan) — his obligations will cease:
- death (death) in the performance of tasks during the period of the CBO;
- death from injury or illness received while performing tasks during the period of the CBO;
- recognition as a disabled person of group I due to an injury or illness received during the performance of tasks during the period of the SVO.
The causes of death (death) or the establishment of disability must be confirmed by the conclusion of the military medical commission and (or) federal institutions of medical and social expertise.
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