To the pledge real estate(mortgage) rules apply Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) on real rights, and in the part not regulated by the specified rules and the Federal Law of July 16, 1998 No. 102-FZ "On mortgage (real estate pledge)" (hereinafter - the Law on Mortgage), general provisions on pledge (clause 4 of article 334 of the Civil Code of the Russian Federation).

The concept of a pledge agreement is given in Article 334 of the Civil Code of the Russian Federation, according to which “by virtue of a pledge, the creditor of the obligation secured by the pledge (pledgee) has the right, in the event of non-fulfillment or improper performance by the debtor of this obligation, to receive satisfaction from the value of the pledged property (the subject of the pledge) preferentially before other creditors of the person who owns the pledged property (the mortgagor).

By virtue of a pledge, in accordance with the norms of the Civil Code of the Russian Federation, the creditor has the right, in the event of non-fulfillment or improper performance by the debtor of the secured obligation, to receive satisfaction from the value of the pledged property (clause 1 of Article 334 of the Civil Code of the Russian Federation). A mortgage as a type of collateral provides satisfaction at the expense of the value of real estate exclusively.

According to paragraph 1 of Article 130 of the Civil Code of the Russian Federation, immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures , objects of unfinished construction.

A mortgage agreement is an agreement on the pledge of real estate. The mortgage agreement contains provisions on the subject of the mortgage, the market valuation of the subject of the mortgage, the essence, size and deadline for fulfilling the obligation (material conditions) secured by the mortgage, and other conditions (Clause 1 of Article 9 of the Mortgage Law). The absence of essential conditions in a mortgage agreement makes such an agreement unconcluded (Article 432 of the Civil Code of the Russian Federation).

The mortgage agreement is drawn up in simple written form and does not require mandatory notarization (Clause 1, Article 10 of the Mortgage Law").

Any property can be pledged, including things and property rights. Exceptions are established by law (clause 1 of article 336, clause 1 of article 358.1 of the Civil Code of the Russian Federation).

The pledged property remains with the pledgor, unless otherwise provided by the Civil Code of the Russian Federation, another law or agreement (clause 1 of Article 338 of the Civil Code of the Russian Federation).

The mortgagor can be either the debtor himself or a third party (Clause 1, Article 335 of the Civil Code of the Russian Federation). To pledge a thing, it is necessary that the pledgor has the right of ownership to it. A person who has another property right may pledge a thing in cases provided for by the Civil Code of the Russian Federation (clause 2 of Article 335 of the Civil Code of the Russian Federation). The mortgagor of the right may be a person who is a creditor in the obligation from which the pledged right arises (right holder) (clause 1 of Article 358.1 of the Civil Code of the Russian Federation).

The pledgee of the pledge is a bank or other credit organisation, or another legal entity that provided a loan or targeted loan for the purchase of real estate ( land plot or residential premises).

The pledge agreement must be concluded in simple written form, unless a notarial form is established by law or agreement of the parties.

A pledge agreement to secure the fulfillment of obligations under an agreement, which must be notarized, is subject to notarization.

Failure to comply with the form of the pledge agreement entails its invalidity (clause 3 of Article 339 of the Civil Code of the Russian Federation).

In accordance with paragraph 3 of Article 339 of the Civil Code of the Russian Federation and paragraph 1 of Article 19 of the Law on Mortgage (as amended in force on the date of conclusion of the agreement), a mortgage is subject to state registration in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate) in the manner , established by Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law).

As established by paragraph 1 of Article 11 of the Law on Mortgage (as amended in force on the day the agreement was concluded), state registration of an agreement giving rise to a mortgage by force of law is the basis for making a record in the Unified State Register of the occurrence of a mortgage by force of law.

In the case of a mortgage, by force of law, the mortgage as an encumbrance of property arises from the moment of state registration of ownership of this property, unless otherwise determined by the agreement (clause 2 of Article 11 of the Law on Mortgage).

The rights of the mortgagee (the right of pledge) to the property provided for by the Law on Mortgage and the mortgage agreement are considered to arise from the moment the mortgage is recorded in the Unified State Register, unless otherwise provided by law. If an obligation secured by a mortgage arose after a record of the mortgage was made in the Unified State Register, the rights of the mortgagee arise from the moment this obligation arises (clause 3 of Article 11 of the Mortgage Law).

Paragraph 2 of Article 20 of the Mortgage Law stipulates that a mortgage is subject to state registration by force of law.

State registration of a mortgage by force of law is carried out simultaneously with the state registration of property rights of the person whose rights are encumbered by the mortgage, unless otherwise established federal law. The rights of the mortgagee under a mortgage may by force of law be certified by a mortgage.

In accordance with paragraph 1 of Article 2 of the Registration Law, state registration is the only evidence of the existence of a registered right.

An analysis of the stated rules of law allows us to conclude that any pledge of real estate, regardless of the basis for its occurrence, is subject to state registration, since state registration is the only evidence of the existence of a registered right.

There are two types of real estate mortgage: mortgage by contract and mortgage by law.

A mortgage by virtue of an agreement arises at the will of the parties, on the basis of a mortgage agreement concluded between them.

A mortgage occurs by force of law if:

– a residential house or apartment purchased in whole or in part with a loan from a bank or other credit organization is pledged from the moment of state registration of the mortgage in the Unified State Register (Clause 1 of Article 77 of the Mortgage Law);

– residential premises built in whole or in part using savings for housing provision military personnel provided under a targeted housing loan agreement in accordance with Federal Law of August 20, 2004 No. 117-FZ “On the savings and mortgage system of housing provision for military personnel” is considered to be pledged from the moment of state registration of ownership of a residential building (clause 4 Article 77 of the Mortgage Law);

– land acquired using credit funds bank or other credit organization, or funds from a targeted loan provided to others legal entity for the acquisition of this land plot is considered to be pledged from the moment of state registration of the borrower's ownership of this land plot. If the corresponding land plot is leased, then a mortgage arises by force of law for the right to lease, unless otherwise established by federal law or the lease agreement (Clause 1, Article 64.1 of the Mortgage Law);

– when constructing a building or structure on a land plot pledged under a mortgage agreement, the mortgage applies to these buildings and structures, unless otherwise provided by the mortgage agreement (Article 65 of the Mortgage Law);

– a land plot on which, using credit funds from a bank or other credit organization, or funds from a targeted loan provided by another legal entity, a building or structure has been acquired, constructed or is under construction, the right to lease such a land plot is considered to be pledged from the moment of state registration of ownership rights for a building or structure acquired, constructed or under construction, unless otherwise provided by federal law or agreement (Article 64.2 of the Mortgage Law);

– in the case of registration of ownership of a completed property that was previously registered and mortgaged as an object of unfinished construction, the mortgage remains in force, and its subject is the building (structure) erected as a result of the completion of construction (Article 76 of the Mortgage Law );

– when transferring a plot of land or other real estate for payment of rent, the recipient of the rent, as security for the obligation of the rent payer, acquires the right of pledge over this property (clause 1 of Article 587 of the Civil Code of the Russian Federation);

– a mortgage by force of law arises if a property is purchased on credit or in installments (Articles 488 and 489 of the Civil Code of the Russian Federation);

– a land plot owned by the developer (right of lease or sublease), and an apartment building and (or) other real estate object being built (created) on this land plot to ensure the fulfillment of the obligations of the developer (mortgagor) under the agreement from the moment of state registration of the agreement are considered pledged by the participants shared construction(mortgagors).

Today, the period for state registration of mortgages of land, buildings, structures, non-residential premises is 15 working days, and for residential mortgages – 5 working days.

From July 1, 2014, a mortgage agreement or a loan agreement containing an obligation secured by a mortgage is not subject to state registration, however, the mortgage itself must be registered in the manner prescribed by law. For residential mortgages, an accelerated registration period is provided - five working days from the date of submission necessary documents. Behind state registration mortgages, by virtue of law, state duty is not paid.

If the property being mortgaged is jointly owned, the written consent of all owners is required. The consent of the other spouse must be notarized (clause 1, article 7 of the Mortgage Law, clause 3, article 35 of the Family Code of the Russian Federation).

When a residential house or apartment owned by minors, persons with limited legal capacity or incompetent persons over whom guardianship or trusteeship has been established is pledged, the transaction must be agreed upon with the guardianship and trusteeship authority (clause 5 of article 74 of the Mortgage Law, clause 2 Article 37 of the Civil Code of the Russian Federation).

With the termination of the loan obligation, the pledge is terminated. The termination of the mortgage must be noted in the Unified State Register (Article 352 of the Civil Code of the Russian Federation, Article 25 of the Mortgage Law). By general rule To redeem the mortgage record, it is sufficient to submit to the registration authority:

– statement from the mortgage holder;

– or a joint application of the pledgor and the pledgee;

– or an application from the mortgagor with the simultaneous submission of a mortgage note containing a note from the mortgage owner regarding the fulfillment of the obligation secured by the mortgage in full. This mark must include words about the fulfillment of the obligation and the date of its fulfillment, and must also be certified by the signature of the owner of the mortgage and certified by his seal (if there is a seal) (Clause 2 of Article 25 of the Mortgage Law).

When the mortgage registration record is redeemed, the mortgage is canceled (Clause 3, Article 25 of the Mortgage Law).

The mortgage registration entry is repaid within three working days (Clause 1, Article 25 of the Mortgage Law).

There is no state duty paid for repaying the mortgage registration record.

Thus, a mortgage is traditionally understood as a pledge of real estate that remains in the possession of the debtor, but with the prohibition of the right to freely dispose of this property. The qualifying features of a mortgage are the subject of the pledge agreement, which can only be an immovable thing, and the retention by the mortgagor of the rights to own and use this thing.

Natalya Shcherbinina,

chief expert

Omsk department

Rosreestr Office

in the Omsk region,

state registrar.

Pledge is used as one of the ways to secure a transaction. If the object is real estate, the content of the pledge agreement will depend on the type of object. A sample agreement will help with preparation.

Read in the article:

What are the rules governing the mortgage of real estate?

Transactions on the pledge of real estate are transactions that are subject to the rules of the Civil Code of the Russian Federation and, as well as the norms of the law on mortgages. From the article you will learn:

• what are the specifics of such transactions, including under what conditions plots of state or municipal property become the subject of collateral;
• what conditions must be met for the court to recognize the real estate pledge agreement as concluded;
• in which cases approval of the pledge as a major transaction will be required.

To prepare the transaction, a sample contract will be useful.

A pledge of real estate (mortgage agreement) is an agreement under which the mortgagee-creditor has an advantage in satisfying the claim against the mortgagor-debtor over other creditors of the mortgagor. The specificity is that these relations arise from an obligation that is secured by a mortgage (Part 1, Article 1 “On Mortgage (Pledge of Real Estate)”, hereinafter referred to as Law No. 102-FZ).

A real estate pledge agreement provides the mortgagee with payment of:

• debt under a loan agreement or other obligation (in whole or in part);
• losses and/or penalties (fine, penalty) for non-fulfillment, late fulfillment or other improper fulfillment of an obligation secured by a mortgage;
• interest for the unlawful use of others' property in cash;
• legal costs and other expenses that the claimant incurred as a result of applying for protection of rights;
• expenses for the sale of pledged property (Article 3 of Law No. 102-FZ);
• amounts for insurance of property that is the subject of pledge, taxes on it (Article 4 of Law No. 102-FZ).

The subject of a real estate pledge is property, the rights to which are registered in accordance with the rules of state registration of real estate and transactions with it. Such property is:

• plots (except for lands from state or municipal property and plots with an area of ​​less minimum size, in respect of which other rules apply, Art. 63 of Law No. 102-FZ);
• enterprises, buildings, structures and other real estate (including unfinished construction, subject to compliance with the law);
• residential buildings, apartments, as well as parts thereof from one or more isolated rooms (appeal ruling of the Moscow City Court dated December 14, 2017 in case No. 33-46315/2017);
• dachas, garden houses, garages and other consumer buildings;
• aircraft and ships;
• parking spaces (Article 5 of Law No. 102-FZ).

The law provides for the possibility of specifying areas of state or municipal property as collateral under a mortgage agreement. Such lands should be intended for:

• housing construction;
• integrated development for the purpose of housing construction

They are transferred to ensure the return of funds that the credit institution provides for the development of these lands through the construction of engineering infrastructure facilities (Article 62.1 of Law No. 102-FZ).

What conditions are included in the contract when pledging real estate?

A real estate pledge is a transaction that is drawn up in writing and registered (Article 9 of Law No. 102-FZ). If the parties do not comply with the registration rule, the court will declare the agreement invalid ().

The parties indicate:

• subject of mortgage;
• assessment;
• essence, size and deadline for fulfillment of the obligation (clause 1, article 9 of law No. 102-FZ). The agreement must include information about the property that is secured by the mortgage.

If the obligation will be fulfilled in parts, it is necessary to indicate the terms for each stage, the amounts of payments or conditions that will allow such amounts to be determined (clause 4 and clause 5 of Article 9 of Law No. 102-FZ). Also, counterparties have the right to indicate the method and procedure for the sale of pledged property when foreclosure by a court decision (Clause 1.1. Article 9 of Law No. 102-FZ).

Thus, the court recognized the mortgage agreement as concluded. The subject of the transaction were:

• 327/6494 shares of a non-residential building - an extension to a consumer services plant, with a total area of ​​649.4 sq. m;
• 1/20 share of a land plot with a total area of ​​920 sq. m. m.

The court considered that the parties agreed on all essential terms, the agreement in form and content complies with the law ().

In another case, the court also recognized the agreement as a valid transaction. The document that the party submitted for state registration contained the necessary data. They made it possible to identify the object: there was a name, area, location, and cadastral number. The counterparties indicated information about the registration of the right in the contract using the name from the Unified State Register, dates and state registration record number ().

The validity period of the real estate pledge agreement is determined by the parties independently. In this case, the period for which the lender provides borrowed funds, is not the duration of the contract. These are different deadlines.

For example, the parties entered into a loan agreement. They also signed a real estate pledge agreement to secure the main obligation. The borrower (mortgagor) did not repay the debt and interest for using the amount. He believed that the lender (mortgagee) had lost the right to collect because the contract had expired. But the borrower confused the terms of the loan and the validity of the agreement. There were no grounds for termination of the pledge (Article 352 of the Civil Code of the Russian Federation). The court collected the debt, interest, penalties, and also foreclosed on the pledged property (appeal ruling of the Novosibirsk Regional Court dated October 31, 2017 in case No. 33-10458/2017).

In what cases is it necessary to approve a real estate pledge agreement as a major transaction?

A major transaction is one or more related transactions, which:

• go beyond the normal course of business;
• are associated with the value of property in the amount of 25 percent or more of the book value of the company's assets (,).

Thus, if a real estate pledge transaction meets these conditions, it must be approved. However, the court will not allow challenging a transaction whose approval procedure was violated if the transaction is not a major one.

For example, a bank went to court and demanded a debt loan agreements. The defendant filed a counterclaim. He asked to invalidate the surety and pledge agreements and to apply the consequences of invalidity of the transactions. The court granted the initial claim and rejected the counterclaim. The court examined balance sheet the defendant company and found that, taking into account financial results the transaction does not belong to the category of large ones (resolution of the Arbitration Court of the Volga-Vyatka District dated March 23, 2017 No. F01-424/2017 in case No. A38-6821/2015).

It is possible to prove the legality of a transaction if you confirm that:

• the company received an amount that is equivalent to the alienated property;
• the business transaction helped prevent large losses;
• the transaction, although unprofitable, was part of interrelated transactions with one economic purpose, as a result of which the company was supposed to receive benefits (clause 3).

Attached files

• Land Mortgage Agreement.doc

Sample real estate pledge agreement

AGREEMENT
pledge of real estate (apartment) owned by the borrower to ensure repayment of the loan amount under a loan agreement with collateral

date and place of signing

___(name of company) ___, hereinafter referred to as “Pledgee”, represented by ___ (position, surname, first name, patronymic) ___, acting__ on the basis, on the one hand, and___ (last name, first name, patronymic, passport details) ___, hereinafter referred to as “Borrower” or “Pledger”, on the other hand, have entered into this Agreement as follows:
TERMS
Federal Law - Federal Law “On Mortgage (Pledge of Real Estate)”.

Civil Code - Civil Code Russian Federation.

Subject of collateral - _________________________

(apartment characteristics)

Note: Under a mortgage agreement, the real estate specified in clause 1 of Art. 130 of the Civil Code, including residential buildings, apartments and parts residential buildings and apartments consisting of one or more isolated rooms.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Pledgee, who is the lender under an obligation secured by a mortgage, has the right to receive satisfaction of his monetary claims against the Borrower under this obligation from the value of the Pledged Subject of the other party - the Pledgor, preferentially before other creditors of the Pledger.
Note: The mortgagor may be the debtor himself under the obligation secured by a mortgage, or a person not participating in this obligation (a third party).

1.2. The subject of the pledge remains in the possession and use of the Pledgor.

1.3. The mortgage was established to secure the obligation under the loan agreement dated “___”______ ____, No. _____.
The amount of the obligation secured by the mortgage is ____ (____________) rubles.

The amount of interest is __________________ per annum (or conditions that allow these interests to be determined at the appropriate time).

The deadline for payment of the amount of the obligation secured by the mortgage is _____________ (and if this amount is payable in installments, the terms (frequency) of the relevant payments and the amount of each of them, or the conditions allowing to determine these terms and amounts of payments (debt repayment plan)).

1.4. The mortgage ensures payment to the Mortgagee of the principal amount of the debt under the loan agreement in full (or in part stipulated by the agreement).

1.5. The mortgage also ensures the payment of interest for the use of the loan.

1.6. The mortgage also ensures (the agreement may stipulate otherwise) the payment to the Mortgagee of the amounts due to him:

1) as compensation for losses and/or as a penalty (fine, penalty) due to non-fulfillment, delay in fulfillment or other improper fulfillment of an obligation secured by a mortgage;
2) in the form of interest for the unlawful use of someone else’s funds, provided for by an obligation secured by a mortgage or by Federal Law;
3) for reimbursement of legal costs and other expenses caused by the foreclosure of the Pledged Subject;
4) to reimburse expenses for the sale of the Pledged Subject.

1.7. The mortgage secures (the agreement may stipulate otherwise) the claims of the Mortgagee to the extent that they have at the time of their satisfaction at the expense of the Subject of Pledge.

1.8. The Borrower's obligations to the Mortgagee in excess of this amount are not considered secured by the mortgage, with the exception of claims based on paragraphs. 3 and 4 clauses 1 art. 3 or at st. 4 of the Federal Law.

1.9. The subject of pledge is considered pledged together with accessories as a single whole (otherwise may be established by the agreement).

1.10. The mortgage applies to all inseparable improvements to the subject of the mortgage (otherwise may be established by the agreement).

1.11. The Pledgor's ownership of the Pledged Subject is confirmed by a certificate of state registration of rights _______________ dated _____________ year N ____ series _________________, about which a registration entry N ______ was made in the Unified State Register of Rights to Real Estate and Transactions with It “__”________ ____ (registry object number) _________ (name of the body that carried out the state registration of the right to real estate).

1.12. The inventory value of the Pledged Subject is ______________ rubles, which is confirmed by certificate N ______ dated “___”_________ ____, issued on ___________________________.

1.13. The subject of the pledge as a whole is valued by the Parties at _____________ (_______________) rubles as of the date of signing the Agreement.

1.14. Subsequent pledge of the Pledged Subject is not allowed (otherwise may be established by the agreement).

1.15. Foreclosure on the Pledged Subject is applied in accordance with Chapter IX of the Federal Law.

1.16. The sale of the Pledged Subject is carried out in accordance with Chapter X of the Federal Law.

1.17. The release of the Pledged Subject is carried out in the manner prescribed by Art. 35, paragraph 2, art. 95 and paragraph 2, part 2, art. 106 of the Housing Code of the Russian Federation.

1.18. The pledgee has the right to transfer his rights to another person (the agreement may stipulate otherwise):
- under a mortgage agreement;
— on an obligation secured by a mortgage (principal obligation).

1.19. The person to whom the rights under the obligation (principal obligation) are transferred also receives the rights ensuring the fulfillment of the obligation (the contract may stipulate otherwise).
Such a person takes the place of the Pledgee under this Agreement.

1.20. The mortgagor who has entered into a subsequent mortgage agreement must immediately notify the mortgagees of the previous mortgages and, upon their request, provide them with information about the subsequent mortgage provided for in paragraph 1 of Art. 9 of the Federal Law.
The rules of this paragraph do not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

1.21. The subject of pledge under a mortgage agreement may be alienated by the Pledgor to another person by sale, donation, exchange, making it as a contribution to the property of a business partnership or company or a share contribution to the property of a production cooperative or in another way only with the consent of the Pledgee (the agreement may establish otherwise ).

1.22. The Pledgor bears the risk of accidental death and accidental damage to the Pledged Subject.

1.23. To ensure the safety of the Subject of Pledge, including to protect it from attacks by third parties, fire, natural disasters, the Pledgor is obliged to take measures established by federal law, other legal acts of the Russian Federation (clauses 3 and 4 of Article 3 of the Civil Code) and mortgage agreement, and if they are not established - necessary measures, meeting the usual requirements.
In the event of a real threat of loss or damage to the Pledged Subject, the Pledgor is obliged to notify the Pledgee about this.

1.24. In cases where other persons present demands to the Pledgor for recognition of their ownership or other rights to the Pledged Subject, for its seizure (claim) or for the encumbrance of the specified Pledged Subject or other claims, the satisfaction of which may lead to a decrease in the value or deterioration of this Pledged Subject, the Pledgor is obliged to immediately notify the Pledgee about this. When a corresponding claim is brought against the Pledgor in a court, arbitration court or arbitration court (hereinafter referred to as the court), it must involve the Pledgor in participating in the case.

1.25. In the cases specified in clause 1.23, the Pledgor must use methods appropriate to the circumstances to protect his rights to the Pledged Subject, provided for in Art. 12 of the Civil Code. If the Pledgor has refused to protect his rights to the Pledged Subject or does not exercise it, the Pledgee has the right to use these methods of protection on behalf of the Pledgor without a special power of attorney and demand from the Pledgor compensation for the necessary expenses incurred in connection with this.

1.26. If the Pledged Subject is in the illegal possession of third parties, the Pledgee has the right, acting on its own behalf, to reclaim this Pledged Subject from someone else’s illegal possession in accordance with Articles 301 - 303 of the Civil Code in order to transfer it into the possession of the Pledgor.

2. WARRANTY

2.1. The Pledgor confirms and warrants that:

2.1.1. Acts in accordance with his interests without coercion.

2.1.2. Is the full and legal owner of the rights to the Pledged Subject. Until the conclusion of the Agreement, the Pledged Subject is not alienated, not pledged, is not in dispute or under arrest, is not burdened with the rights of third parties, the lease rights of the Pledgor are not disputed by anyone, which is confirmed by an extract from the Unified state register rights N ____ from "___"__________ ____, issued by __________________.
Note: When encumbering the Subject of Pledge, the Pledgor warns the Pledgee about all rights of third parties to the subject of mortgage known to him at the time of state registration of the agreement (rights of pledge, lifelong use, lease, easements and other rights).

2.1.3. The collateral does not have any hidden properties that could result in its loss, deterioration or damage.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The mortgagor is obliged:

3.1.1. Do not take actions that entail termination of the right of pledge or reduction in the value of the Pledged Subject.

3.1.2. Take measures necessary to protect the Pledged Subject from attacks by third parties.

3.1.3. Do not prevent the Pledgee from inspecting the Pledged Subject during the validity period of the Agreement.

3.1.4. Guarantee the Pledgee that the transferred Pledged Subject will not be re-pledged until the obligation secured by the pledge is fulfilled in full.

3.1.5. Immediately notify the Pledgee of information about changes that have occurred with the Pledged Subject, about encroachments by third parties on the Pledged Subject, or about the emergence of a threat of loss or damage to the Pledged Subject.

3.1.6. Do not alienate or assign the Pledged Subject to third parties without the written consent of the Pledgee.

3.1.7. Take all measures necessary to ensure the safety of the Collateral, including its current and major repairs.

3.1.8. Bear the risk of accidental death or accidental damage to the Pledged Subject.

3.1.9. Insure the collateral.

3.2. The pledgor has the right:

3.2.1. Own and use the Pledged Item in accordance with its intended purpose and receive income from the use of the Pledged Item, ensuring its safety.

3.2.2. Stop foreclosure on the Pledged Subject in the event early repayment obligation secured by a pledge.

3.3. The pledgee has the right:

3.3.1. Check the documents and actually the presence, condition and conditions of use of the Pledged Subject.

3.3.2. Require the Pledgor to take measures provided for by the current legislation of the Russian Federation necessary to preserve the Pledged Subject. The pledgee has the right to foreclose on the Pledged Subject before the deadline for fulfilling the obligation secured by the pledge in cases provided for by the legislation of the Russian Federation.

3.3.3. Act as a third party in a case in which a claim regarding the Subject of Collateral is being considered.

4. INSURANCE

4.1. The Pledgor insures the Pledged Subject at his own expense in an amount not less than the amount of the obligation secured by the mortgage in favor of the Pledgee (beneficiary).

4.2. The mortgagee is deprived of the right to satisfy his claim from insurance compensation, if the loss or damage to the Pledged Subject occurred due to reasons for which he is responsible.

4.3. When the rights of a creditor in an obligation secured by a pledge are transferred, the rights of the beneficiary under the insurance contract are transferred to the new creditor in full.

5. ADDITIONAL CONDITIONS

5.1. This Agreement is considered concluded and comes into force from the moment of its state registration.

5.2. After registration of this Agreement, which consists of certification by making a special registration note on the Agreement, one original of the Agreement is transferred to the Pledgee, and the other to the Pledgor.

5.3. Amendments and termination of this Agreement are made by mutual agreement of the Parties in the manner prescribed by law by concluding an additional agreement in writing and registered in the manner established by the legislation of the Russian Federation.

5.4. The costs of execution and registration of this Agreement, by agreement of the Parties, are borne by the Pledgor.

6. RESPONSIBILITY OF THE PARTIES

6.1. For failure to comply or improper execution obligations under the Agreement, the Parties bear responsibility in accordance with the current legislation of the Russian Federation.

6.2. In case of violation by the Pledgor of clause 2.1 of the Agreement, the Pledgor will be obliged to pay the Pledgee a fine in the amount of ___% (________ percent) of the value of the Pledged Subject. The fine is paid by the Pledgor within ____ business days from the date of receipt from the Pledgee of a written request for payment of the fine. Payment of the fine does not relieve the Pledgor from fulfilling his obligations under the Agreement.

7. TERM OF THE AGREEMENT

7.1. The Agreement comes into force from the moment of its state registration in the manner prescribed by the legislation of the Russian Federation and is valid until the obligations of the Borrower under the Loan Agreement and the Pledgor under this Agreement are fully fulfilled.

8. FINAL PROVISIONS

8.1. All disputes arising during the execution of this Agreement will be preliminary considered by the Parties in order to develop a mutually acceptable solution. If no agreement is reached, the dispute will be resolved in ____________ in accordance with the current legislation of the Russian Federation.

8.2. If one of the Parties changes its address, it will be obliged to inform the other Party about this before the state registration of the relevant changes in the constituent documents, but no later than _____ (_______) calendar days from the date of the actual change bank details.
If one of the Parties changes the bank details, it is obliged to inform the other Party about this before the changes come into force, but no later than _____ (__________) calendar days from the date of the actual change in the bank details.

8.3. Any notice or other communication sent by the Parties to each other under the Agreement must be made in writing and signed by an authorized person. Such a notice or message is considered properly sent if it is delivered by courier or transmitted by fax using the details specified in Art. 9 of this Agreement.

8.4. This Agreement is drawn up in three copies - one copy for each of the Parties, one copy is stored in ___________.

Pledge agreement is a document signed by the bank and the borrower. If the conditions are not met, the bank has the right to take away the property pledged.

Pledge- This is one of the methods of repaying obligations to the creditor.

Registration procedure

In order for a real estate pledge contract to gain legal force, it will need to be registered. To do this, he must meet special conditions.

Registration procedure

A real estate pledge agreement is registered by the Federal Registration Service by making a registration entry in the Unified State Register. From the moment the contract is registered, it is considered concluded. The pledgee receives the collateral for safekeeping.

In this case, the collateral is a guarantee on the basis of which the creditor will be able to get his money back.

Registration of a real estate pledge is not possible in the following cases:

• The real estate is pledged to another lender;
• The previous agreement limits the provisions of the current one;
• The collateral has been seized.

Before registering the contract, you must do the following:

1. Assess the possibility of registering a real estate agreement.
2. Determine the package of documents that will be required for state registration of the pledge agreement.
3. Agree with the other party the period during which the pledge agreement can be registered.
4. Prepare and send a request to the government agency.
5. Prepare documents that will be required to be submitted to the body involved in the inventory of buildings.
6. Contact lawyers who will carry out state registration of the pledge agreement.

List of documents that will be required to register a real estate pledge agreement:

• A written statement from the parties to the transaction or their representatives;
• Notarization of the contract;
• The original agreement and its copies, equal to the number of parties to the transaction. One will need to be submitted to the Main Directorate of the Federal Registration Service;
• A certificate from the BTI passport, which is less than 12 months old;
• Floor plan (if the collateral is an apartment) - original or copy, which is certified by BTI employees.

The state fee is 2,000 rubles for individual and 22,000 rubles for legal.

Termination of a real estate pledge agreement

When drawing up the document, its terms and conditions indicate the rules for early repayment of the loan. Based on these rules, the pledge is removed from the encumbrance immediately. If a credit institution refuses to fulfill its obligations, the issue with the demand is referred to the court.

The real estate pledge agreement is terminated early on the following grounds:

• If the collateral no longer secures the obligation;
• At the request of the pledgor in the presence of grounds provided for by the Civil Code;
• In case of sale of the pledged property at public auction.

The procedure is determined based on the type of termination. The contract may be terminated prematurely due to:

• Voluntary consent of both parties;
• Through the courts.

In the first option, you will need to formalize an agreement between the parties and register the termination with the State Registration Authority. In the second option you will need to write statement of claim, attach title documents to the property, pay the state fee and go to court.

Termination Agreement- this is a document on the basis of which all relationships between the parties to the transaction are terminated.

Rules for drawing up a termination agreement:

• The names of the parties to the contract being terminated are indicated in the version in which they are indicated in the contract;
• The contract that is being terminated is identified. Its number, date and name are indicated;
• The day, month, year from which the contract will be declared invalid is indicated;
• If the contract is fully executed, it is indicated that the parties have no claims against each other;
• If the agreement is partially fulfilled, this provision is indicated in the peace agreement;
• The number of copies of the document is determined;
• A signature and seal are placed, after which the parties receive copies of the peace agreement.

Additional documents may be attached to the peace agreement. The law does not restrict the parties from providing detailed information in the agreement.