The fact that she is a wealthy landowner, 65-year-old Natalya Alexandrovna Kolokolova learned on August 12, 2019 - on the day she received her pension.
“Then I received not the whole amount, but only half,” recalls Kolokolova in an interview with RT.
It turned out that the bailiffs took the money against the land tax debt for three years. The pensioner was surprised - her house in the village of Khmelevaya near Kursk and other property was written to other family members, but she herself had nothing.
Kolokolova went to the tax. And there she found out that since September 2016 she owns a 2-hectare plot in the neighboring village of Tatarenkova. Elite place: only 10 km from the center of Kursk. Cottage villages are being built around. The market value of the site is about 50 million rubles. Property taxes from this amount for three years, along with a penalty, have already reached 33 thousand rubles - more than a pension for two months.
“The tax office sent me receipts at the address of registration, but I do not live there. Therefore, I learned about such a “gift” only three years later, when the bailiffs began to collect taxes, ”the woman explains.
According to Rosreestr, in September 2016, N. Kolokolov acquired this site from a certain Morozova RF: applications for registering a transaction were submitted to the MFC. Reception of documents was carried out by MFC employee S. Bezubyak
“Statements and documents were submitted by the parties to the agreement (Morozova R.F. and Kolokolova N.A.), and not representatives,” the Rosreestr’s response to RT’s request says.
Simple scheme
Kolokolova is far from rich. Pension is the only income from which she still helps her disabled daughter. A piece of expensive land might seem like a gift of fate - it can be sold profitably. But Kolokolova did not believe in a miracle.
“It is clear that behind such an expensive site is someone difficult. And I got scared, ”she explains. - I went to the MFC and wrote a waiver of property - the land returned to the municipality. They looked at me like crazy. ”
At the same time, the pensioner turned to law enforcement agencies.
“The handwriting examination showed that the signature of my client on the contract is fake,” says lawyer Marina Shumakova, a representative of Kolokolova.
The investigation has not yet been completed, but the situation in general terms is clear now.
“Morozova is as poor as I am. I know this for sure - we happened to be neighbors in Khmeleva. This plot is a land share, which was once distributed to collective farmers. But when they were handed out (according to Rosreestr, Morozova’s ownership was registered in 1999. - RT ), Morozova didn’t live here, she later came here - she couldn’t get a share, ”Kolokolova was surprised.
Probably, she believes, in the course of fraud with mutual lands, they were recorded on dummies. To completely legalize the site, hide the history of origin, another owner was needed in the chain. Attackers took the passport data of the first person that came across, made a purchase on his behalf. And then, apparently, on his own behalf they should have immediately sold, possibly to the final buyer. But something of the crooks went wrong, the victim assumes, so the land remained "hanging" on this "first come" - pensioner Kolokolova.
Exit - only through court
The federal bailiff service suspended the proceedings against Kolokolova and even returned the deducted pension, which she did not manage to transfer to the tax authorities. However, no one has exempted the pensioner from the obligation to pay taxes for three years of formal land ownership. Now the Federal Tax Service is collecting them through the courts.
RT sent a request to the tax office to find out what documents must be submitted to cancel accrued payments.
“Upon receipt in the prescribed manner from the authorities of the Rosreestr of other information regarding the ownership of N. Kolokolova a disputed land, or a court decision on the invalidity of the transaction, the tax calculation will be adjusted, ”said the Federal Tax Service for the Kursk region.
Then RT sent a request to Rosreestr and received the following answer: “Regarding the issue of the possibility of canceling state registration of rights, we inform you that the law does not provide for canceling records or canceling decisions on state registration of rights. By virtue of Art. 44 of the Land Code of the Russian Federation (“Grounds for Terminating Ownership of a Land Plot.” - RT ), ownership of a land plot is terminated upon the alienation by the owner of his land plot to other persons, the owner refuses ownership of the land plot, for other reasons provided for by civil and land legislation. ”
“We need to file a lawsuit in court to declare the transaction invalid,” commented Svetlana Zhmurko, a Moscow lawyer specializing in land law. - The process will drag on for several months. In the meantime, the FTS will also recover taxes in court. Most likely, they will have to pay. When the court declares the transaction invalid, the collected taxes will be returned to the citizen. ”
Certified by MFC
Today, as lawyer Svetlana Zhmurko observes, in order to register real estate transactions, you do not even need to bring certificates of ownership on stamped paper - they have been canceled since 2016. They were replaced by a simple extract from the Unified State Register of Real Estate (USRN). The buyer and seller only bring the contract and act of transfer concluded by them, even without a notary public, as well as their passports. Whether the one who came with the passport in the photo in it looks like he presented the passport or brought only a copy, all this remains on the conscience of the only MFC employee.
A story like the one that happened with Kolokolova may be the result of someone’s negligence or intentional actions of an accomplice of fraudsters. For example, in Sberbank, when dealing with large amounts of money for additional control, they call a second operator, who becomes another witness. The MFC has not yet provided for this.