The loss of any title documents for real estate is a serious problem for the owner, since he is deprived of the opportunity to dispose of his property at his own discretion.
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Therefore, if you suddenly discover that necessary papers are lost or damaged (in case of theft, fire, after the death of a relative or for other reasons), you should restore them as soon as possible.
How to restore destroyed or stolen documents?
The first thing you need to do is contact:
- with a statement to the police that documents have been destroyed or stolen;
- to the authority that issued the required document with a request to issue a duplicate;
- to the court with a request to impose a ban on any transactions with real estate, the documents for which were stolen or destroyed.
Once the competent authorities are notified of the loss of documents, it is necessary to begin their restoration.
Two types of documents can confirm the fact of ownership of an apartment or house:
- Documents establishing the right to property (purchase/sale agreement, gift, exchange, certificate of inheritance, court decision, etc.).
- Documents confirming property rights (certificate of ownership of housing or an extract from the Unified State Register).
Depending on which of these types of documents was lost, the procedure for restoring them will be slightly different.
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We will help you restore property rights - trial lawyer
In everyday life, citizens often find themselves in paradoxical situations associated with the loss of ownership of their property. In accordance with the system adopted in our state, all changes in relation to property and its owners, be it a car, an apartment, or a share in a business, are entered into special registers. Any transaction that leads to a change in the composition of title owners is considered completed only after an entry is made in the appropriate register, and it is in this way that the owner’s desire to sell, bequeath as a gift, or otherwise transfer property to another owner acquires the completed form of the transaction. At the same time, collisions occur, as a result of which property is removed from possession against the will of its owner. This may happen due to illegal acts of third parties, negligence or error. This, as they say, is something you wouldn’t wish on your enemy. The news of the loss of property rights, like a bolt from the blue, strikes conscientious owners, plunging them into a state of shock. Having barely recovered, citizens begin to ring all the bells, calling on their relatives, friends and relatives to help them, trying to find a way to return their lost rights.
As a rule, the main mistake of the injured party is to ignore the legal method of resolving the conflict situation.
While the owner is trying to understand the situation, to find an administrative or conceptual way to solve the problem, as a rule, he makes the wrong decisions, succumbing to the persuasion of various highly gifted solvers, assuring him of his power, the ability to have a positive impact on any process, but in fact, after receiving the monetary amounts, lose all interest in the problems of people who trusted them in the hope of overcoming a crisis situation. Such actions only lead to loss of time. But in fact, first of all, it is necessary to realize that it is almost impossible to return a lost right out of court, with extremely rare exceptions because the ownership right of the new owner is already registered in the registry, and only a court can exclude this entry.
- It is possible to restore a lost right, and early to recognize oneself as a bona fide purchaser, only in court, by filing a corresponding statement of claim with the court.
Faced with the fact of illegal alienation of his right, the former owner actually still continues to use the disputed property. Undoubtedly, this circumstance is an advantage that should not be missed. It would not be a bad idea to provide reliable security, especially for large production complexes that can be subjected to elementary looting. There are many competent lawyers in Moscow, but if there are signs of obvious fraudulent actions on the part of the main parties to the transaction, or threats, it is better to turn to organizations that can implement a comprehensive approach to resolving the conflict situation. One of such companies in the capital region is the Anti-Crisis Center Protection.
Restoration of the certificate of title to housing
This is one of the main documents giving the right to own and dispose of real estate. The Department of the Federal Registration Service was responsible for issuing the state registration certificate.
On July 15, 2021, a new law came into force, according to which the issuance of certificates of ownership will cease.
The same applies to re-issuance of a duplicate. Registration of the emergence and transfer of rights to housing can now only be confirmed by an extract from the Unified State Register of Rights (USRP).
This extract indicates the fact that the state registry authorities have a record of registration of ownership rights, and also indicates the period of ownership of the property at the time the certificate is issued.
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It is advisable to request this document during preparation for the procedure of buying or selling an apartment/house. Since the data is relevant only at the time the certificate is issued (within 30 days, but the more recent the certificate, the better).
The owner can obtain an extract of his rights by sending a request to Rosreestr.
This can be done in two ways: contact the MFC (multifunctional center) or send a request electronically on the Unified State Register website. Let's consider both options.
Certificate of registration of ownership.
Personal appeal to the registration authorities
- Contact the MFC or the territorial office of Rosreestr, presenting your passport and indicating the address of the property.
- Sign the application prepared by the service employee.
- Present a receipt for payment of the state fee (you can receive the form and pay at the cash desk in the same establishment).
- Receive a receipt that lists all the documents accepted from the applicant and indicates the deadline for issuing the completed extract.
- Pick up the finished document on the day specified in the receipt. Show your passport and receipt.
You can receive a completed statement within 5 days. The cost of the service is from 200 rubles.
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Receive statement online
- Go to the Unified State Register website and fill out a request form.
- The form must indicate:
- real estate data (cadastral number and/or address);
- information about the applicant;
- attach documents (if available in electronic form).
- Record the request number generated by the system.
- On the request verification page, enter the received number and click “check”.
- In the window that opens:
- click “enter payment code”;
- enter the code sent to your email;
- Click “proceed to payment”.
- Select a payment method and pay for the service.
- The finished document can be obtained using the method previously selected in the form.
The extract will be ready within 5 working days. The cost of the service is from 150 rubles.
How to restore a certificate of ownership?
The documents for the apartment are lost, how can I recover them?
Restoring a certificate of ownership of an apartment today should not create any difficulties for the owner, since this document only reproduces the information contained in the Unified State Register of Rights (USRE) .
To restore the certificate, you must contact the territorial body of Rosreestr that issued this document with a corresponding application (drawn up by a specialist of the institution).
A repeated certificate is issued only to the owner , therefore, when submitting an application, a passport is presented, as well as a receipt for payment of the state duty ( for citizens - 350 rubles, for organizations 1 thousand rubles ).
The period for providing such a service does not exceed 10 working days.
You can also submit an application for a certificate to replace the lost one at the MFC or electronically through the government services portal (a digital signature certificate is required).
It is possible to send an application by mail with a list of attachments (documents must be certified by a notary).
How to restore title documents for housing?
Recovering these documents is somewhat more difficult, but still possible. Where to contact if you need to reinstate the purchase and sale agreement:
- If the agreement was concluded in writing, you can apply for a duplicate of it to the body that was involved in the registration and registration of the acquired property. After paying the fee, you can receive a duplicate of the required copies of documents.
- If the agreement was registered through a notary, then by contacting him and paying for the services, you can also obtain a duplicate of the necessary document.
- You can also contact the seller for help and get a copy of the contract from him.
- If the transaction was carried out before 1998, it will be impossible to obtain duplicate documents. In this case, you should immediately go to the BTI and ask for a document confirming ownership of the apartment.
- To obtain documents confirming the fact of purchase and sale and taxpayer status for your real estate, you can also contact the tax office. Data on tax payments by the seller of the property and the new owner should be stored here.
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To restore the gift agreement, certificate of inheritance or other documents, you can contact:
- To the notary who registered the documents.
- To the territorial registration authority.
- In BTI.
- To the housing policy department of the district administration.
Transfer deed.
Types of documents for an apartment
There are three groups of such documents:
- Title-establishing.
- Copyright certifiers.
- Technical.
Each type has its own significance for owning residential property.
Technical documents for housing
The main purpose of the characteristics described in such documents is to identify residential properties. Typically, technical documents contain data on the cost, area, size and other parameters of housing.
The three main technical documents are:
- Technical passport.
- Technical plan.
- Cadastral plan.
These documents are very important when assessing the value of an apartment.
Title papers
This is the most important category. It is such documents that provide the basis for ownership of the apartment.
The most common title documents are:
- Agreements on transactions with apartments: purchase and sale, exchange, rent, donation.
- Court decisions, if this is the order in which ownership of the apartment was established.
- A certificate of inheritance issued by a notary.
- Privatization agreements for municipal and public housing.
- Documents on shared construction: DDU and certificate of payment of the share.
Based on these documents, the owner can register ownership in Rosreestr.
Legal documents
This type of document is issued by registration authorities that record ownership of real estate.
Until 2008, the legal document was a registration certificate, which was issued by the BTI. Since 2008, it was replaced by a certificate of ownership issued by Rosreestr. Now Rosreestr issues extracts from the Unified State Register of Real Estate. There are several types of them, differing depending on the purpose of obtaining such a document.
What to do if you lose documents for a house or apartment?
If for some reason the owner of the property has lost documents that may confirm his ownership, it is better not to delay their restoration.
In a situation where documents are lost, the procedure for obtaining a duplicate will be the same as described above:
- Report the loss to the police (perhaps the owner of the house or apartment will be lucky and the papers will be found quite quickly, which will eliminate the need to knock around various authorities trying to get duplicates).
- Contact the registration authorities and ask to restore copies of the lost documents. Papers establishing ownership require special attention. If one of these documents was lost, then you need to start the recovery procedure from it. Obtaining duplicates of title documents occurs as described above.
What documents are needed to obtain temporary registration? The full list can be viewed at the link.
Technical passport for the apartment.
How to restore documents after the death of the owner?
Sometimes it is necessary to restore documents that belonged to a deceased relative in order to formalize an inheritance.
In this case, you can contact a notary and request documents confirming the right of inheritance (you must contact the public notary who prepared these papers).
Having the inheritance papers in hand, you can already contact the Registration Chamber for the issuance of the necessary copies of title documents.
Documents that may be needed during the process:
- death certificate;
- documents confirming relationship.
You can register for inheritance within 6 months from the date of death of the testator. Otherwise, the procedure can only be completed through court.
Find rules for renting an apartment and tips on drawing up a contract in this publication.
To avoid unnecessary hassle in restoring lost documents, it is better to make sure in advance that you always have copies on hand. It is better to store them separately from the originals.
You will learn how to restore documents for an apartment in this video:
