Photo: Nikita Popov / RBC
Before leaving on vacation the deputies had to take one more resonant law – out of court debt collection. Now, if the borrower does not pay for more than two months and repeatedly violated the schedule, the banks will be able to apply directly to the bailiffs
The threat to the borrower
Banks will be able to collect debts on loans without court decisions, it follows from the law (see. FAQ) adopted by the State Duma on June 22 and approved by the Federation Council on Wednesday, 29 June. The authors of the amendments by the group of deputies headed by the chairman of the Duma Committee for Property Sergey Gavrilov.
The basis for recovery of the debt will be the executive inscription notary on the loan agreement, according to a new law. Having received such an inscription, banks will be able to apply directly to the bailiffs.
Hidden amendment
amendment of extrajudicial debt recovery is included in the law “on amendments to certain legislative acts of the Russian Federation (with regard to clarification of the provisions on the valuation of the property).” It amends the “Fundamentals of RF legislation on notaries” of February 11, 1993, in federal laws “On Insolvency (Bankruptcy)», «On Valuation Activities in the Russian Federation” and others.
in the explanatory memorandum to the bill stated that it is designed “to supplement and clarify certain provisions of federal law,” in particular introduces the concept of “liquidation value” for alienated property and changing the rules of the auction.
But in the text of the bill after the first reading appeared addition that “the documents on which the debt collection made without recourse to the basis of executive inscriptions “are” loan agreements, with the exception of contracts, creditor which serves microfinance institution, in the presence of the said agreements or additional agreements to them the conditions of the possibility of debt collection for executive notary ».
The Chairman of the Duma Committee on property Sergei Gavrilov confirmed to RBC, we are talking about new rules for banks – to collect overdue debts without trial
Penalty to be not only the amount of debt, but «percent if their charging provided by the contract, and the amount of expenses incurred by the collector in connection with a writ of execution” (meaning the amount that the bank pays the notary).
Now without dispute (on the executive notary) may recover a debt under the pledge ticket (they give pawn) as well as storage and rental contracts. Under current law on notaries notary performs the executive inscription in the absence of the debtor: Notary only notify him that the lender was entitled to recover from his debt by bailiffs
The creditor shall provide notary documents certifying indisputability his claims to the debtor with a copy. notification of the debtor about the presence of his debt. The debtor must be notified of the debt for two weeks prior to the creditor’s appeal to the notary. The debt on which the notary will be able to make the executive inscription, must not be older than two years.
The executive inscription made by the notary on the basis of the terms of the agreement, actually replaces a court decision on debt recovery, and with it the bank can directly go to bailiffs, confirms the head of the legal department of ACG “MEF-Audit” Alexander Ovesnov. If the borrower does not agree with the sum collect debts, he may try to challenge it in court, says Ovesnov, but that in itself is disagreement recovery process will not stop.
To bad debt
in theory, the opportunity to apply to a notary public for the writ of execution from the banks will be immediately after the occurrence of delay on the loan payment, says partner of law A2 Mikhail Alexandrov Bureau. “But the banks’ problem – not the process, and the result is: most likely, at first the debtor to send reminders of the debt and will try to somehow resolve the situation with payments,” – he believes
Head of the Department of. working with problem debts Binbanka Sergey Loach believes that banks will resort to extra-judicial recovery in exceptional cases – when the debtor repeatedly violates the payment schedule. Banks will be guided, for example, the provisions of the Federal Law №353 «On consumer credit (loan)”: in Article 14 of this law states that are subject to early repayment loans, the delay which exceeds 60 days within the last 180 calendar days .
since the beginning of 2016 the number of bad loans to non-payment more than 90 days increased by 695 thousand. and amounted to more than 10.2 million, reported June 22 of the United credit Bureau (OKB). In May, the cost of bad loans EDO estimated at 1.2 trillion rubles., Or 13.4% of total outstanding loans (end of May at the hands of Russian borrowers was 75 million public loans with a total debt of 9.1 trillion rubles. ). The fastest increase in the share of overdue loans in the mortgage lending segment: from the beginning of the year the volume of overdue mortgages rose by 17%, to 155 billion rubles. (4.5% of the total volume of loan debt on the mortgage).
For the debtor on the mortgage with the entry into force of the new law will not change anything, the press-service mortgage bank « DeltaCredit »: mortgage law prohibits foreclosure out of court in respect of premises belonging to individuals. Real estate will still be levied by the court, that is, the debts on mortgages under the new law did not get, Alexandrov agree.
The new rule will benefit the banks and any other creditors, but not microfinance organization follows from the amendments. To exercise this right, you need to register in the credit contract clause on the possibility of debt collection by the executive notary. The amendment is supposed to be extended to the already existing credit agreements, should be of the amendments: the reservation about the possibility of debt collection without recourse may be provided an additional agreement to the contract
Banks will actively use as amended and include. credit agreement out of court collection, predicts Ovesnov: “There are fears that banks will be able to use this situation to their advantage, concluding with borrowers additional agreements to existing loan agreements»
the deputies will monitor the application of the new law and. in case of problems back to his study, promises Gavrilov
The alternative collectors
Distribution right debt collection without recourse to loans -. the initiative of the Supreme Court, which would relieve the courts , RBC said Gavrilov.
The fact that discusses the possibility of the introduction of non-judicial debt collection in March, “Rossiyskaya Gazeta” said the President of the Federal notary Chamber Konstantin Corsica. It was assumed that the new mechanism would be an alternative treatment for banks to collectors, he explained: “debt collection procedure will be simplified and will become transparent and legitimate, it’s obvious. Now lenders easier for collectors to handle, than to go to court. After the judicial process takes time and requires some costs. A police officer shall act in accordance with the law. He does not call at night, not paints the walls, incinerate prams. You can ensure that the process of recovery will take place within the legal framework. »
It is premature to say that a change in the law will facilitate the possibility of debt collection, said the president the collection « Sequoia Credit Agency Consolidation »(one of the leaders of the Russian market of debt collection) Elena Dokuchaeva . Getting executive notary in the same time-consuming, as well as a court order in the court, she says, and even with a writ of execution, the lender will depend on the work of the bailiffs service.
Marshals Service is very slow , says Alexander, the need for the services of collection agencies in Russia there just because, in fact, a man who does not pay the debts, can not do anything: it is impossible to remove his property, an apartment, it is difficult to challenge his deal, and at the time, when the court makes a decision, he has nothing – he rewrote kogo-nibud on the other.
Press service of the Federal Bailiff service did not respond to a written request and calls RBC.
It is unlikely that the new mechanism will be a valuable alternative to collectors, Ovesnov said. Collector debt is often passed on contracts of assignment or agency contracts without a court order and in full – including not only the debt on the loan, but also all the contractual interest and penalties, and on the executive notary is invited to recover only very receivable under the contract and the interest due without penalties, explains Ovesnov. It is something that does not have to pay a penalty, should make life easier for borrowers, expects Gavrilov.
To use the new tool, in particular, plans to BIN, Loach told RBC. Despite the fact that the recovery to be not all types of debt, and the amount of the fee is higher than on receipt of a court order, the use of this law appears justified, he believes: first, reduced the deadline for receipt of the executive document, plus the process will become more systematic
.
«Sequoia credit Consolidation,” according to her representative, also intends to use innovation as an additional mechanism or an alternative to the courts.
