1. If the property that is pledged becomes the subject of another pledge to secure other claims (subsequent pledge), the claims of the subsequent pledgee are satisfied from the value of this property after the claims of the previous pledgeholders.

2. Subsequent pledge is allowed if it is not prohibited by previous pledge agreements.

3. The pledgor is obliged to inform each subsequent pledgee of information about all existing pledges of this property, provided for in paragraph 1 of Article 339 of this Code, and is responsible for losses caused to pledgees by failure to fulfill this obligation.

4. In the event of foreclosure on the pledged property on claims secured by a subsequent pledge, early fulfillment of the obligation secured by the pledge may be simultaneously demanded and foreclosure on this property may also be made on claims that are secured by a previous pledge and the deadline for filing for foreclosure has not yet arrived. If the pledgee under the previous pledge agreement has not exercised this right, the property that has been foreclosed on claims secured by the subsequent pledge passes to its acquirer as encumbered by the previous pledge.

You can, of course, try to rent out one of the apartments, but you need to understand that rental income from monthly payments will not fully compensate for your costs. “Renting out” an old apartment will not cover even half of the expenses, even if you try to rent it out for $1,500, although usually renting such an apartment costs about $1,000 a month. You can, of course, put a new three-ruble ruble into work at Akademicheskaya and rent it out for $2,500 a month. Do not forget that before renting out the apartment you need to spend money on repairs.

Double bail - real term

Zubritsky and Fomenko, being the founders of Steidtech-Rule of Technologies LLC, entered into a loan agreement with Sberbank of Russia OJSC in the amount of 9 million rubles, specifying collateral as collateral, which, as it turned out later, was pledged under another agreement. In order to steal funds, the accomplices prepared and submitted to the bank forged documents about the sound financial condition and solvency of the company. From the very beginning, the scammers had no intention of paying back the amount borrowed. They introduced the funds received from the bank (by paying for the delivery of goods) into the turnover of ATR-Trading LLC, headed by Zubritsky.

Civil code

3. The pledgor is obliged to inform each subsequent pledgee of information about all existing pledges of this property, provided for in paragraph 1 of Article 339 of this Code, and is responsible for losses caused to pledgees by failure to fulfill this obligation.

Double deposit

Secondly, the pledge of certain types of property can be limited(Clause 2 of Article 336 of the Civil Code of the Russian Federation). Thus, the transfer of real estate under the economic control of an enterprise as collateral is allowed only with the consent of the owner (clause 2 of Article 295 1 of the Civil Code of the Russian Federation). The Federal Law “On Joint-Stock Companies” establishes a special procedure for making a decision on pledging property if its value exceeds 25 percent of the book value of the company’s assets (Articles 78, 79). Sometimes, depending on the legal regime of a particular property, legislation establishes restrictions regarding the subject composition of collateral relations and the terms of the relevant transactions.

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There is a court decision in absentia recognizing the first owner as a debtor and confiscating the collateral from the second owner (who at that time quickly sold the car to a car dealership in another region, where I bought it). The decision did not come into force, of course, because the car was already resold to me, now the bank is suing me.

Meyer D

The execution of a mortgage agreement varies depending on the property pledged as collateral. Regarding immovable property, a mortgage agreement is concluded by serfdom, it is written mortgage fortress. Strictly speaking, the serf procedure for the execution of acts is designed for transactions on the transfer of ownership of real estate; under a mortgage agreement, the right of ownership does not transfer, and therefore one might expect permission to carry it out in a non-serf manner. But according to the importance that our legislation ascribes to real estate, it determines that a mortgage agreement regarding real estate should be carried out under serfdom. The closest thing, however, to the definition of legislation is explained by the fact that according to our ancient law, collateral appears to be a type of alienation and is on the same level as purchase and sale. And according to modern law, it can at least lead to alienation: if the debtor fails, the pledged property is subject to sale, which constitutes the exercise of the right of the pledgee, and alienation usually follows directly from the right of disposal - the most important component of the right of ownership.

Double deposit

Russian legislation provides for two grounds for the emergence of the right of pledge - law and agreement (Article 334 of the Civil Code of the Russian Federation and Article 1 of the Law of the Russian Federation “On Mortgage”). Moreover, a pledge arises on the basis of the law upon the occurrence of the circumstances specified in it, if the law stipulates what property and to ensure the fulfillment of what obligation is recognized as being pledged (clause 3 of Article 334 of the Civil Code of the Russian Federation).

Double deposit

2. Relations regarding the pledge of things in a pawnshop are marked by a special subject composition. Only a citizen can be a mortgagor. The pledge holder is only a pawnshop - a specialized organization that carries out short-term lending to citizens on the security of property as a business activity, which has the appropriate license (clause 1 of Article 358 of the Civil Code of the Russian Federation). The license is issued in accordance with the rules established by the Regulations on licensing the activities of pawnshops, approved by Decree of the Government of the Russian Federation of October 9, 1995 No. 984. The validity period of the license is at least three years; at the request of the person applying for it, the validity period of the license may be reduced.

Double deposit

or making changes to the contents of the mortgage by attaching to it a notarized copy of this agreement and indicating the agreement as a document that is an integral part of the mortgage in the text of the mortgage itself in accordance with the rules of part two of Article 15 of this Federal Law;

Double mortgage of real estate

(real estate pledge)/mortgage/pledge agreement (movable property), other agreements to secure the fulfillment of mortgage obligations. All news about real estate in Ukraine - the pitfalls of lending to country houses. Banks rarely agree to double collateral on specialized real estate search sites. Pledge in the form of real estate, dear gentlemen, lawyers, please tell me. Possible in quality. Is double collateral of real estate allowed in the Russian Federation? is double control allowed? Analysts from penny lane realty, a leading operator in the residential market, and banks began to require double collateral until the moment of repayment.30 Nov. 2015 - as collateral? How a lender will evaluate this specific type of collateral will be discussed in this article. The property is a mortgage when purchasing primary real estate.. Dv.

Subsequent pledge of real estate

He analyzes the current situation and gives consent. Providing consent is a right, not an obligation of the bank. The property registered in his favor acts as a guarantee provided by the payer. If the situation raises doubts about the borrower's solvency, refusal is permitted.

Double mortgage

Not all banks are ready to provide pawn lending services; this is the name of the scheme under which existing housing is mortgaged. However, experts note an increase in the number of such transactions in the Russian real estate market. For example, pawn mortgages are already actively used in the new buildings market.

Double deposit

So here it is. The client pledged a block of shares against two loans. There is no point in splitting the package - the cost drops. Registered as a subsequent collateral. But the registrar refused to register the subsequent pledge, citing some clarifications from the Federal Securities Commission, and the fact that the existing software does not allow such an operation.

Double mortgage of real estate

This transaction takes on a tripartite nature, since each of the mortgagees is included in the process of interaction with the buyer of the property. He analyzes the current situation and gives consent. Providing consent is a right, not an obligation of the bank.

Deposit (2)

The subject of the pledge may or may not be transferred to the pledgee. The fact that the pledged property is with the pledgor or pledgee affects their rights and obligations in the pledge legal relationship. Depending on who has the collateral, the legislation establishes the construction of two types of collateral: mortgage, i.e. a pledge with the transfer of property to the pledgee, and a pledge without transfer of property to the pledgee (pledge in the proper sense of the word).

(489 questions, 489 answers).

Judges will be spared from announcing decisions in full in many court cases. But certain categories of cases will still necessarily have a full decision.
June 05, 2018,

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation was a dispute between the owner of an old brick garage in his dispute with the city authorities on whose land this building is located.
June 01, 2018,

Board news

The State Duma of the Russian Federation is considering a bill on forest amnesty. In fact, the name of the project is longer and less clear: the law “On Amendments to Legislative Acts of the Russian Federation in order to eliminate contradictions in the information of state registers.” We are talking about contradictions between the information of the State Forest Register and the Unified State Register of Real Estate, because of which thousands of Russians risk losing their property.
09 June 2017,

Quite often, management companies profit from the complexity of calculations when residents are unwilling to deal with the payment document. For example, the entry “Major repairs” suddenly appears on the payroll, although the existing column “Payment for the maintenance and repair of residential premises” already implies it. One of the vigilant residents of a Moscow multi-storey building discovered that the heat meter in the basement was not working.
April 26, 2015,

In early April, investigators from the capital's main headquarters of the Investigative Committee seized toys from retail outlets - busts of soldiers of Nazi Germany during the Second World War, and also conducted interrogations and searches of sellers. In connection with the sale of figurines of soldiers and officers in the uniform of Nazi Germany from 1939-1945 with Nazi symbols applied to them, a criminal case was opened under Article 282 of the Criminal Code of the Russian Federation (inciting hatred or enmity, humiliation of human dignity). “At the same time, the decision to initiate a criminal case and carry out all investigative actions is made by investigators independently,” said ICR representative Yulia Ivanova.
April 16, 2015,

It has a significant reserve of properties compared to oils of a similar class. The additive package of this oil is aimed at maximizing friction reduction, increasing service life and reducing fuel consumption. The product implements the principle of “easy running”, that is, maximizing the ease of engine operation. art. 1928/1916/1929/1304 UNIVERSAL OIL, intended for topping up to replenish the oil level in the engine in case it is impossible to top up the oil used or in the absence of information about the product used. It can be easily mixed with standard oils, as well as with a number of oils that meet the special requirements of manufacturers, for example: for diesel engines with pump injectors, for engines with a DPF filter, with multi-stage exhaust gas aftertreatment systems, etc.

Loan secured by real estate, but without income. is it possible?

The use of molybdenum oils during engine break-in allows the friction surfaces of friction units to be run in in the best possible way and without scuffing, which ensures the best power performance of the engine during further operation. Oils containing molybdenum disulfide can withstand the most severe operating conditions. Questions and Answers 1. For a long time I used semi-synthetic oil with molybdenum disulfide.

One of my friends advised me to alternate the use of this oil with regular semi-synthetic oil without molybdenum disulfide. Is it necessary to do this? Answer: It is not clear what your friend was guided by when giving such a recommendation. Both of these oils are absolutely identical in composition, with the exception of the content of molybdenum disulfide in one of them.

Pledge of leased property: is a compromise approach possible?

Otherwise, both types of loans are very similar. Required documentation for a secured loan. To receive a loan secured by real estate without proof of income, the borrower will have to provide the bank with: a personal passport with registration marks; any second document - SNILS, driver's license, foreign passport, law enforcement officer ID, etc.; pension certificate or certificate from the Pension Fund of the Russian Federation - if you plan to take part in a special program and do not apply for a loan that is too long (in fact, pensioners are very rarely given loans for longer than 3 years).

Reform of the Civil Code of the Russian Federation: collateral according to new rules

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Attention

The oil must be thin enough at low temperatures to allow the engine to start properly. At the same time, the oil must be thick enough to effectively protect against wear of a warm engine. Viscosity can be kinematic, that is, it determines the actual fluidity of the oil and its ability to fill all cavities of the engine oil system.

And dynamic, characterizing the thickness of the oil film on engine parts, that is, the ability of the oil to protect the engine from wear. Based on the dynamic viscosity, modern European oils are divided into two categories: full-viscosity, providing maximum engine protection (having a dynamic viscosity HTHS of more than 3.5 mPa/s) and low-viscosity (with an HTHS of 2.6-3.5 mPa/s for achieving fuel efficiency).

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Info

A super-strong protective film is formed on the lubricated surfaces, preventing direct contact of metal surfaces in friction units and their wear. ANTIPRESSURE ADDITIVES (EP - extreme pressure). Form a protective film that effectively prevents scuffing. Anti-wear and extreme pressure additives reduce friction and wear.

ANTI-FOAM ADDITIVES. Prevents the formation of persistent foam by reducing the surface tension of the oil. DEPRESSOR ADDITIVES that reduce the pour point. Ensure reliable engine starting at low temperatures, preventing the coalescence of paraffin and other crystals.
Used only in mineral and hydrocracked oils. THICKENERS that improve viscosity index (VI). They slow down the dilution of oil with increasing temperature by increasing the volume of high-molecular polymers of which they are composed.

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Applicable not only to cars from the Audi and VW group (with the exception of TDI engines R5 and V10 until June 2006), but also to other models from brands such as BMW, Mercedes-Benz, Renault, etc. The oxidation resistance of the base oil has been significantly enhanced and a unique additive package has been used, which is completely free of sulfur, phosphorus and chlorine compounds. The oil is compatible with specific neutralization systems and ensures minimal emissions of harmful substances.
Allows you to implement extended oil change intervals from 30,000 to 50,000 km or once every 2 years - depending on the recommendations of the car manufacturer. art. 3706/3707/3708 MODERN, LOW-ASH ENGINE OIL of the highest class for year-round use. It is a combination of HC-synthetic base oils and the latest additive package.

Legal regulation is reflected in a number of documents: this is the RSFSR Law “On Pledge” (1992); Civil Code of the Russian Federation, ch. 23, § 3 “Pledge”; Law of the Russian Federation dated July 16, 1998 No. 102-FZ “On mortgage (on real estate pledge).”

The provisions of the Russian Federation Law “On Pledge” apply to the pledge of real estate (mortgage) to the extent that they do not contradict the federal law “On Mortgage”. The list of collateral items cannot be exhaustive.

Contract n _____

registration record N ________________, as well as an extract from the Unified State Register of Rights to Real Estate and Transactions with It N ____ dated “___”________ ___, issued by ____________. 2.1.2.

There are no objections to the encumbrance of the Pledged Subject on the part of the Former Pledgee, which is confirmed by ____________________.

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

Double mortgage

The price per square meter grew so rapidly that while the client was looking for an apartment of a certain price agreed with the bank, the required housing became unaffordable. In such conditions, many borrowers preferred to apply for an existing apartment rather than a purchased one. At first glance, everything is simple: the owner pledges his property to the bank and receives a certain amount, usually 20% - 70% of the value of the property.

Double mortgage of real estate

On July 1, 2014, the Federal Law of December 21, 2013 No. 367-FZ “On Amendments to Part One of the Civil Code of the Russian Federation and Recognizing Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation” (hereinafter referred to as the Law) came into force, which clearly indicated that the adoption of rights to future objects is possible.

According to paragraph 2 of Art. 336 of the Civil Code of the Russian Federation in its current version, an agreement or law may provide for the emergence of a pledge in relation to things or property rights that the pledgor will acquire in the future.

Taking into account that in business relations, real estate and other property (for example, goods in circulation) used for business activities are used as the main subject of pledge, the Civil Code of the Russian Federation established as a general rule property without transferring it to the pledgee.

This property must be used by the pledgor and generate income for him, through which he will pay his creditors, including the pledgee.

Loan secured by a share of real estate in Nizhny Novgorod

We believe that if a person pledges his property, even if it is not so valuable to others, but dear to him, he will not want to risk it, and is fully aware of his responsibility for fulfilling his obligations. After verifying this, our specialists will approve the loan, and the client will be able to receive the necessary funds from our organization. In this case, only the following requirements are presented to the client: only the owner of a share of the apartment, whose rights are confirmed by official documents, and who has a passport of a citizen of the Russian Federation, can apply for a loan.

Subsequent pledge of real estate

If another bank becomes the investor of the second purchase, additional documentary support for the civil procedure will be required.

This transaction takes on a tripartite nature, since each of the mortgagees is included in the process of interaction with the buyer of the property. He analyzes the current situation and gives consent. Providing consent is a right, not an obligation of the bank.

SUBSEQUENT PLEDGE - a secondary pledge of already pledged property to secure other claims.

In accordance with the civil legislation of the Russian Federation (Article 342 of the Civil Code), if the pledged property becomes the subject of P.Z.

the claims of the subsequent pledgee are satisfied... Legal Encyclopedia Subsequent pledge - 1. If the property pledged becomes the subject of another pledge to secure other claims (subsequent), the claims of the subsequent pledgee are satisfied from the value of this property after the claims... ... Official terminology Subsequent pledge - Situation when the property that is pledged becomes the subject of another pledge to secure other claims (subsequent).

Kvatu. The registrar is not so simple.

The encumbrance is reflected not simply in the personal account of the owner, but in connection with the personal account of the pledgee (in the case of no transfer of the pledged item to the pledgee). If the registrar cannot (does not know how, the program does not allow, etc.) to link to several mortgagees, this is his problem. It is impossible to give advice on how to resolve this problem without knowing the intricacies of the specifics of maintaining a register (managing accounts) by this particular registrar.