How not to become a victim of scammers and not to lose an apartment

Ernest Aslanyan's book "I know everything about you" was published by the Bombora publishing house. In it, the detective, based on his own experience and many years of practice, shares methods for protecting life and information. We publish an excerpt from the fifth chapter about how not to fall for the hook of deceivers when buying or selling real estate.

Black Realtors

I woke up to a rattle in the keyhole. Someone tried to break the door. I was about to call the police, at the same time looking for something at hand with which I would fight back. But a woman of about 50 appeared on the threshold. She opened the door with her key in a businesslike manner and began to take off her shoes. I went out into the corridor - my eyes were probably five rubles from surprise. "Are you Alexander? he asks. - Very nice. My name is Elena Pavlovna, now I will live here. I was completely at a loss: “In what sense? - In the most direct way. I also have a document,” and she showed me a paper on shared ownership. At this point, what is happening began to remind me of some stupid movie. I have read this writing. Then again. And further. Everything was right. Moscow, Novoostapovskaya street, 6. My apartment.

The client, a respectable man, the owner of a consulting company, sat in a chair in front of me and told this story, choking with indignation.

“I thought it was some kind of mistake. We own an apartment with my ex-wife. She is not even in the country now - she left for six months in Austria on business. She was not going to sell her share - well, that's one hundred percent! Especially without warning me!

A few years ago, he and his wife broke up, but kept a good relationship and a large spacious apartment near the center, for two. As they say, nothing foreshadowed trouble. But then Alexander nevertheless called his wife, and he did not like what he heard.

Five months ago, she took out a loan secured by real estate and regularly paid interest. But on the day of the next payment, for some reason, she was told that she had not paid the loan on time, and therefore the apartment was transferred to the alienation company. Here is the contract, here is the decision of the court. While the wife was panicking and did not dare to tell her ex-husband, hoping that everything would somehow work itself out, people had already moved into the apartment.

"And you think this is the end?" he continued. “The next day, more residents showed up. Four some athletes who brought with them several suitcases and so many sports equipment, as if they were going to open a gym in the apartment. They constantly yelled, dropped dumbbells, occupied the bathroom for 3 hours. Of course, the first thing I went to lawyer. But he looked at the papers and said that everything was legal. How did it happen? It was necessary to urgently decide something, you understand, it is absolutely impossible to live in such an environment. I tried to make contact - I asked to be quieter. To which he immediately received an offer to exchange an apartment: “You see, it is difficult for us to get along together. You are a serious person, we also do not want to cause you any inconvenience, so let's find an option that will suit everyone."

The client dropped his head into his hands and wearily rubbed his eyes.

“Honestly, I didn’t mean to sell an apartment, which was recently renovated, but I was wondering what they would offer. And you know what - they immediately had a buyer who is ready to pay 20 million. Given that the apartment costs 25. “But urgently,” they say. And they claim not for 25% of the agency commission, as it should be according to the documents, but for all 50%. Of course, I refused. But after that, living conditions became even more unbearable. In general, I'm in a panic. I do not know what to do. Lawyers and the police do not see the corpus delicti. One hope for you...

No matter how absurd the situation may look, dozens of people face it every day. My client was a victim of black realtors.

Everything happens according to a well-established scheme: they buy a minimum share of living space and populate the so-called "professional neighbors": homeless people, athletes, cat owners - those with whom it is inconvenient to live.

"Neighbors" receive a salary for each day they live in the apartment, and the more unbearable this day is, the better.

They go naked on purpose, they can make a scandal, get drunk, open windows at -25, remove the toilet, supposedly to make repairs. None of this is a crime police you won't apply. But after some time, the owner of the apartment is simply ready to climb the wall from such a mess. Then the "neighbors" offer an exchange. Weird, inappropriate. But a person brought to complete emotional exhaustion can perform any illogical action, just to get rid of the source of stress.

It would seem that since everyone knows about such schemes, the police should intervene. But it's not that simple. In civil law relations, if purely legally everything is done correctly, it is very difficult to prove that this is fraud.

And yet, something can be done.

The client and I decided to ensure that the alienation deal was declared invalid. After all, the ex-wife had all the checks on payments for credit, correspondence with managers, bank statements - this is practically a guarantee that it will be possible to prove the correctness. Therefore, always save all the pieces of paper - one day they may come in handy.

The creditor company insisted that it did not receive any money and everything was done according to the law. But if the situation with the termination of the contract was rigged, then this is already article 159, part 4 of the Criminal Code of the Russian Federation - “Fraud, committed by an organized group, or on an especially large scale, or resulting in the deprivation of a citizen's right to housing premises." By the way, up to 10 years in prison.

As a result, we were able to prove that the payment was made on time, and the fact that it allegedly did not reach the creditor company is not at all the fault of the client’s ex-wife. The court declared the transaction invalid, the apartment returned to the owners, and a criminal case was opened against the fraudsters. But their fate is no longer our history.

How to avoid becoming a victim of a scam

Purchase/sale of shared property

Who most often owns real estate shares? Spouses or relatives. Imagine: husband, wife, heavy divorce proceedings. It is not always possible to maintain common sense. Many act on emotions: passions boil, dishes break, a thirst for revenge seethes. And, of course, I want to get rid of property, albeit for a penny, but if only to break all ties with my ex-spouse. And finally ruin your life.

If this description is similar to your life situation, the first thing to do is contact the former equity holder. Leave emotions and hostility, concentrate on protecting your interests. Yes, you have to “push” pride for a while. But this is the shortest way to leave the scammers in the air.

Of course, a person who deliberately drove you into such a trap is unlikely to be eager to help. But passions are one thing, and the Criminal Code is quite another.

By law, when selling a share of an apartment, the owner must first of all offer the purchase to another owner. And not in words, but in writing. If there is no answer, offer again. And only if the answer is negative or there is no reaction to the offer for the second time, you can sell. The regulatory framework is Article 250 of the Civil Code of the Russian Federation.

If the thought arose in your head: “Well, you can raise the price, then the person will definitely refuse,” no, it’s impossible. If your amount is inadequate in relation to the market, an independent examination will show this and the transaction will be declared invalid.

Not everyone knows about it.

It is ignorance of rights and obligations that often leads people into confusing and problematic situations.

But forewarned is forearmed.

It turns out that in the case of the sale of a share of property, everything is not so scary. We stock up on patience, a good lawyer and seek justice. It is much more difficult if the co-owner did not sell his share, but issued donation agreement. There is no need to notify the second owner about this. The only option to regain housing in this case is to prove that the transaction is fictitious.

How not to buy a "black" apartment

• Work only with trusted realtors. Choose through friends, acquaintances and their acquaintances, look for reviews on the Internet.
• Carefully study and double-check all documents. The contract itself, certificates of registration of the right to housing, donation contracts, purchase and sale contracts, certificates of right inheritance, decisions and rulings of the court, passport data.
• Find out if sellers have minor children and where they are being discharged. This is one of the most common mistakes - after all, a child cannot officially remain without a place of residence. If the guardianship authorities find out about this, they will enter it in the last place of registration - that is, in your apartment.
• Check the authenticity of the general power of attorney if the transaction is made under it. This is also a common trap. Make sure that the power of attorney is real, and most importantly, that it has not expired at the time of the transaction. To do this, you can contact the notary who issued such a power of attorney.

There are pitfalls.

Firstly, an apartment can be registered for an incompetent person: a mentally ill person, an old man with dementia. It is easy to invalidate such a power of attorney, which automatically means that the transaction was executed illegally.

Second, it could be a scam. One person issues a power of attorney to another, and then revokes it. You buy an apartment from the first, by proxy, after which the second, already in court, cancels your purchase and sale transaction. According to the documents, the apartment will become his property, but no one will return the money to you. No, the court, of course, will oblige the "seller" to pay you the entire amount, but if he does not have money in his accounts, the maximum that can be done is to write off a percentage of his salary in your favor. And this can take years. Let's say 10,000 rubles a month - what do you think, how soon will you "recapture" the entire amount?

• Request an extract from the Unified State Register of Rights to Real Estate. A certificate of ownership is not always a guarantee of a legitimate transaction. The apartment can be imposed arrest or a trade ban. Information about this, as well as about the legal owner of the apartment at the time of the transaction, will be shown by an extract from the USRR.
• Do not buy property if the owner inherited it and three years have not passed since then. During this period, suddenly announced relatives can lay claim to her.

How not to lose your own apartment

It would seem that everything is simple here - after all, the property is already yours. Nevertheless, there are enough victims from the “wise men” who know the loopholes. That's why:

• Issue a general power of attorney only when it is really necessary. Moreover, without the possibility of reassignment to third parties and with a limited validity period.
• Never give original documents to anyone. You can always make copies and certify them with notary These papers have the same validity as the originals.

Simple life hack

In the law "On state registration of rights to real estate" in article 9 (p. 3, pp. 1) it is written that information on the prohibition of state registration of rights can be entered in the register without the personal participation of the copyright holder. That is, no one will do anything with your right of ownership if you are not personally present at the transaction. So you can apply to Rosreestr for such a ban - and sleep peacefully.

Life annuity

A few years ago, the story of Maria Batalova stirred up the Internet, and the trial is still ongoing. Characters: Mikhail Tsivin and his wife Natalya Drozhzhina are friends of the Batalov family. Maria, daughter of Alexei Batalov, diagnosed cerebral palsy. She is incapacitated and cannot move without a wheelchair. She is looked after by her mother, the wife of the late actor - Gitana Arkadyevna.

After Alexey Vladimirovich left this world, the Tsivin-Drozhzhin family continued to manage his fund. They organized film festivals in memory of the departed talent, exhibitions, events. And at the same time they signed a life annuity agreement with his daughter Maria, according to which then all the property - shares in a large apartment opposite the Kremlin, a kopeck piece in the center and other attractive real estate - received They.

What is a lifetime annuity

Lifetime apartment rental is, in principle, a very convenient and good option for lonely old people and disabled peoplewho can't take care of themselves. It looks like this: a person who needs care selects an assistant for himself. It does not matter where he finds him: it can be a neighbor, friend, acquaintance, any person whom he is ready to trust. The task of the assistant is to take care of the owner of the apartment, pay for the communal apartment, and at the same time pay the monthly rent while the owner of the property is alive or while the contract remains in force. And after the death of the owner, this assistant takes the apartment for himself. For many single people, this is the best way to live out their days, months or years.

Advantages of a life annuity agreement: both parties win, everyone is happy. The owner of the apartment receives care, a monthly payment, does not think about housing and communal services. They buy food for him, cook, clean up - in general, they establish a normal life. Well, the payer of rent in the end remains with real estate. There are also disadvantages: if the condition of the place of residence is not specified in the contract, the owner of the apartment may suddenly find himself on the street. This property will not pass to the heirs. Well, when terminating the contract, the owner will have to return all the money that was paid to him as rent.

All the cons that I mentioned are not disadvantages. life annuity as such, but rather the pitfalls of such a treaty. So, when signing it, you need to be very careful.

But if an attacker intervenes in the case, things become not so rosy. Yes, he takes care, fulfills all his duties. “What can I buy at the pharmacy, Valentina Ivanovna? Can you bring oranges? Let me buy you new slippers - in these over there, there is a hole already. And everything seems to go on as usual, Valentina Ivanovna is happy. But after 2–3 months, the person offers to sign an invoice for household expenses (“What’s wrong, we will keep records to the last penny”), which is actually a power of attorney to dispose real estate. Valentina Ivanovna is 90 years old - what does she understand? After that, the fraudster breaks the rent agreement and evicts the pensioner from her own home.

Approximately in this way, the Batalov family lost not only their property (and in total it is about 100,000,000 rubles), but also money. No one really understood why Maria needed a life annuity at all - the family has the means to hire a nurse, and her mother Gitana Arkadyevna always took care of her.

But it turned out how it happened. In the end, the prosecutor's office became interested in the situation and opened a case in the interests of Mary.

At some point, we joined in and began to unravel this story piece by piece. They proved that the Drozhzhina-Tsivin spouses did not pay any rent - they did not have a single check, not a single statement with confirmation. But the costs of swindlers included premium cosmetics, restaurant bills, expensive products, and wines. Everything that a person with cerebral palsy simply does not spend money on. Maria bought medicines herself. Further more. These “Fox Alice and Cat Basilio” found quite a few more apartments: Mikhail Tsivin has seven, Natalya Drozhzhina has ten. Good for retirees? And all of them, of course, were received under a lifetime annuity contracts, the scenario was repeated over and over again.

The proceedings went on for more than one year, Drozhzhina filed a counterclaim, the court invalidated the rent deal and returned the property to the Batalovs and even decided to pay them financial compensation. There is enough movement on the case for a whole novel. But there is still no main decision - will the swindler spouses go to jail? And after all, they could have managed at the very beginning with a settlement agreement, until the big words “prison”, “article 159 of the Criminal Code of the Russian Federation” and other horrors sounded. But they chose the path of greatest resistance.

What to do to avoid getting into the same situation

Usually the victims of such fraudulent schemes are socially vulnerable people: mentally ill, prone to dependencies, disabled people or old pensioners who have no one to take care of. It is difficult for a lonely person without connections and big money to prove his case in court and return the right to property.

Fraudsters must get information from somewhere that, they say, an old man lives in house No. 48, there are no children and grandchildren, only his apartment - “must be taken”.

There are three options here.

• Information is most often "leaked" by unscrupulous social workers. For example, in the Department of Social Security, a disabled person is assigned an assistant. He regularly comes to his house, does what he needs. And at the same time he asks - what and how, whether there are relatives, “what a wonderful apartment you have.” As soon as he realizes that this disabled person is a convenient victim, the information will go to the scammers. Of course, not all social workers are like that. But you always have to be careful.
• Sometimes attackers themselves are engaged in searches: they follow, for example, an old man - do his relatives visit him? They examine the front door, windows and balcony - if they are old and shabby, then the person does not have money for repairs, or at least someone who would help him. Having identified a victim, scammers ingratiate themselves - they can introduce themselves volunteers, good neighbors. And then the conversation unobtrusively turns to a life annuity.
• Fraudsters often involve notaries in the case. Suppose an intruder marries a single alcoholic. Solders him even more, and then draws on himself deed of gift for an apartment. A normal notary would immediately notice that the case is unclean. It is their job to evaluate the adequacy of a person during the signing of an important document and confirm the legitimacy of the transaction. But for a certain fee, some become very inattentive and "do not notice" obvious things.

If you have a relative who could hypothetically become a victim of such scammers (elderly, infirm and owning an apartment), protect him. Especially if you cannot be in touch with him 24/7, you live in another city and he is alone for a long time.

What measures need to be taken:

• Establish a ban on registering transactions with an apartment without the personal participation of the owner. As I said, for this you need to write an application to Rosreestr. This can be done at any MFC or in your account on the Rosreestr website. rosreestr.ru (if you have a digital signature). After that, no one will be able to sell, donate, mortgage or rent this property, except for the owner himself. Even with a notarized power of attorney, which is especially valuable. The ban can be set on any real estate object - an apartment, a room, a garage, a land plot. In the same way, it is possible to limit the possibility of a transaction for a share of property - it is not necessary to own all the property undividedly.
• Limit the capacity of an older person. If your old grandfather cannot adequately perceive reality and generally poorly understands what is happening, get him recognized as having limited legal capacity - through the courts. It is imperative to conduct a forensic psychiatric examination, according to its results, the judge will assess the degree mental health person. In case of limitation in legal capacity, all rights are reserved, but he will be able to make all serious transactions (including with real estate) only with the written consent of the trustee. It is appointed by the court or guardianship authority.
• Divide the property into shares - let you or another close and trusted person own some conditional part. It is enough to register 1⁄4 of the apartment for someone else to protect it from illegal sale. The scammer will not make a deal without the consent of each owner. And if he does, then it can easily be recognized as illegal - after all, the owner of the share has a pre-emptive right to purchase.

If you or your relative is still consciously going to sign a life annuity agreement, make sure that it states:

• Living a person in his own living space so that he cannot be thrown out into the street.
• The way in which the rent will be calculated - amount, frequency, account details. If the money does not come, such an agreement is easy to terminate.

The book “I know everything about you. How to see through people and get out of difficult situations using the experience of the famous detective "can be used as a textbook on security. She will teach you to predict the actions of people, avoid scammers, punish unscrupulous alimony and more.

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