Federal Law 102 On Mortgage and Pledge of Real Estate was adopted in 1998. It discusses all the features of taking out a loan of this kind, its repayment, regulation of controversial issues, transfer of real estate from collateral to ownership and other important nuances.

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Regulatory issues 102-FZ

Buying real estate presents a certain difficulty associated with large sums: not every family can afford to immediately pay several million rubles, and therefore they have to apply for a loan from banks.

A mortgage is a loan (the issuance of money to a citizen) when the purchased property is pledged as collateral.

In other words, the apartment that the family purchases is the property of the bank until the borrowed amount is paid.

Good to know: In fact, a mortgage is the surrender of an object as collateral for obtaining a loan.

Mortgages are regulated by several laws:

1. Chapter 42 of the Civil Code of the Russian Federation (Civil Code): defines the relationship between the lender and the borrower when taking out a loan.
2. Federal Law No. 102 “On Mortgage (Pledge of Real Estate)”: it relates directly to mortgage lending.
3. Federal Law No. 122 on the need for state registration of rights to real estate.

General provisions of the Mortgage Law

The Federal Law on Mortgage is FZ-102 as amended, which consists of 14 chapters.

It regulates all the basic provisions for obtaining and paying off a mortgage:

1. General provisions: grounds for occurrence, obligations of the parties, what property can become collateral.
2. Agreement: rules of compilation, content, its registration, encumbrance.
3. Mortgage: its content, drafting, fulfillment of the rights and obligations specified in it.
4. State registration of documents: procedure, fee amount, cancellation of entry.
5. Security of the apartment: It is important for the bank that the property does not lose value, that is, when it is sold, the entire amount can be raised. This applies to this chapter.
6. Rights to real estate and their transfer to other persons: We are talking about the alienation of an apartment and the consequences of violation.
7. Subsequent mortgage: its concept, features and registration.
8. Assignment of rights and transfer of invoice.
9. Foreclosure of mortgaged property(confiscation due to debts): is this possible, how does it happen.
10. Sale of confiscated real estate: all options for sale or transfer.
11. Chapters 11-13 refer to mortgages of special objects not mentioned earlier.

Take into account: The chapters talk about private and apartment buildings, apartments in a building under construction, land plots, and non-residential premises.

12. Chapter 14 is the final chapter.

Requirements for the contract

The document is usually drawn up by the bank's lawyers, but it is worth checking.

The following points must be noted in the contract:

1. Subject of mortgage: apartment, room, house, land, premises. It is necessary to accurately indicate the address of the property, its cadastral number, technical characteristics (area, floor, number of premises) and features. The collateral must be accurately identified and described so that it can be easily identified.

Lawyer's Note: It is impossible to simply write “an apartment purchased by a citizen” - such an agreement will not be valid, since the judge, if necessary, will not be able to understand what is at stake.

2. Property value: we are talking about the estimated price - the price at which the apartment can be sold. It must be agreed upon by the parties.
3. All conditions for issuing a loan: size, terms, payment procedure, details of the parties. On the recipient side, they usually indicate a person who is ready to take on repayment obligations if something happens to the main payer.
4. Ownership of the property: If the property is collateral, this is indicated.

If at least one point is not agreed upon, the contract will not be concluded.

Registration of the contract according to the law

The mortgage agreement must be registered at the location of the property. Only after this does it come into force.

It is not necessary to notarize the document.

It is necessary to submit to Rosreestr:

• statement from both sides;
• the mortgage agreement and the documents that are mentioned in it, for example, the mortgage note;
• loan agreement or other document confirming receipt of money;
• receipt of payment of state duty;
• other documents required in individual cases.

Rosreestr is obliged to register the transaction within 15 days from the date of submission of documents: this will be confirmed by an entry in the Unified State Register.

A mark will also be placed on the mortgage agreement itself: it indicates the date, number, full name of the authority and its address.

After repaying the loan, you will need to contact Rosreestr again and remove the encumbrance. If the contract is terminated for other reasons, the entry will need to be canceled.

Removal of encumbrances

Until the mortgage is repaid, the owner of the apartment is the bank: the family can live in it, repair, equip it, but have no right to sell, exchange or carry out large-scale renovation work.

Good to know: The ban on major renovation work is associated with a possible decrease in the value of the apartment - the bank cannot allow this.

Only after fulfilling obligations to the creditor, the family receives all rights, and the encumbrance is removed from the apartment.

It happens like this:

1. A citizen writes an application to the bank with a request to provide him with all the documents: mortgage, statement of debt repayment, documents for the apartment.
2. With them and an application to remove the encumbrance, he goes to Rosreestr.
3. After verification, Rosreestr issues a certificate of ownership, and the status of the property changes.

Note: The procedure for removing the encumbrance can also occur differently: after contacting the bank, its employee sets a date for a meeting at Rosreestr, where he brings the documents. In this case, the procedure is carried out under the control of the bank, which eliminates any errors on its part.

Despite the fact that most banks draw up identical agreements, the clauses of which are based on current legislation, it is recommended to study the laws specified in the article. This will help you find an error or inaccuracy in the document and avoid serious problems in the future.

Watch the video in which a specialist explains the features of registering apartments under the mortgage law:

How does the search work?

Number of rooms

"st",
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"st 1"

All numbers less than 9, as well as the keyword "st", are considered the number of rooms.

The request "st" will show only studios. When entering several values ​​("2 4"), 2-room and 4-room apartments will be searched.

"35",
"60",
"35 60"

Area, sq.m.

All numbers from 9 to 199 are considered area. If you enter one value - 60, then the search is carried out for apartments with an area of ​​"from 60". When you enter 2 values ​​(“45 70”), the search will be carried out for apartments with an area of ​​“from 45 to 70”.
"Academ"
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"Metro",
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"Southwestern"

"Leninsky district"

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The list will offer options that begin with or contain the value you enter.

Searching for multiple values ​​at the same time is possible.

Search by option selected from the list. The list will offer options that begin with or contain the value you enter.

Searching for multiple values ​​at the same time is possible.

Metro

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"Red Avenue"
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Kitchen area, sq.m.
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All numbers from 3 to 100 with the prefix "kitchen" or "kitchen" are considered the area of ​​the kitchen.
If you enter one value – “kitchen 10”, then the search is carried out for apartments with a kitchen area of ​​“from 10”. When you enter 2 values ​​(“kitchen 10 kitchen 50”) the search will be carried out for apartments with kitchen area “from 10 to 50”.
Deadline
"Was passed",
"Q1 2020"
"1st quarter 2019 3rd quarter 2020",
"commissioned 3rd quarter 2018"
"Q1 2018 2019",
"2016 3rd quarter 2019",

"Q1 2019"

"1-3 quarter 2020",

"2017-2018"

Search by option selected from the list. The list will offer options that begin with or contain the value you enter.

Search by delivery date ranges: "1st quarter 2019 3rd quarter 2020" - apartments with delivery date from 1st quarter 2019 to 3rd quarter 2020;

• “commissioned in the 3rd quarter of 2018” - apartments in an already commissioned building, as well as with a completion date of up to the 3rd quarter of 2015;
• “1-3 quarters 2020” - apartments with a delivery date between the 1st and 3rd quarters of 2020;
• In chapters 5-6, the law regulates the safety of mortgaged property, the right to transfer rights to the mortgage to third parties;
• Chapter 7 and 8 basis for subsequent pledge and assignment of obligations under the mortgage contract
• Chapters 9 to 10 establish provisions for penalties on mortgaged property and its sale;
• From Chapters 11 to 13, the procedure for mortgaging land plots, non-residential real estate, companies, mortgages of apartments and private living space is regulated;
• The last chapter includes the final provisions of Federal Law-102.

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The Federal Law on Mortgage establishes a system of lending as collateral for real estate and agricultural plots on the territory of the Russian Federation. Federal Law - 102 consists of 14 chapters and 79 articles. Starting in July 2017, significant innovations were introduced aimed at changing the subjects of the pledge agreement, simplifying state registration, etc.

You can download the Federal Law on Mortgage and Pledge of Real Estate at

Last changes

Since this year, amendments to Federal Law 102 on mortgages and pledge of real estate have been in force. Now parking spaces are also the subject of a mortgage agreement. (Article 5, paragraph 1, paragraph 6). Starting in January, the requirement to register a mortgage agreement has been amended. Now it is registered if required by Federal Law. Points on deadlines, registration regulations, mortgage confirmation, refusal of registration and its suspension were crossed out. New regulations and deadlines were approved in 2015.

Provisions in the law, paragraph 1, art. 22, which included information about the mortgage registration record, are no longer valid. From Article 25 of the law, paragraph 3, the section with reference to Federal Law-310 has been deleted, since it has lost its relevance. Starting from 01/01/2017, Articles 27 and 28, which establish the rules for challenging the activities of state registration of mortgages, and the responsibility of the registration authority for the pledge of property, do not apply.

In the updated amendment to the law, the name of the body for state registration of rights has changed; it is now called the “authority for registration of rights. Another change concerns the replacement of the words from “Unified State Register of Rights to Real Estate and Transactions with It” to “Unified State Register of Real Estate”.

In Art. 19, 20,25 and 55 include footnotes to Federal Law No. 218, in force since January of this year on state accounting of real estate. At the same time, the location of the state registration authority for the pledge is not indicated.

Interest rates for government-backed mortgages have been changed to only 9-11.4 per annum. According to the new law, collection from debtors for late mortgage payments will be within the limits of the Central Bank interest rate.

On July 1, 2017, a new version of the law came into force, adding Art. 20. paragraph 2. The new paragraph approves the legal procedure for municipal registration of a mortgage on real estate for residents of the capital region of the Russian Federation (Moscow), simultaneously with the registration of the right to residential premises without a petition on the basis of a contract for the transfer of the right to mortgaged housing or on the basis of a court decision on forced concluding a mortgage contract. The order of priority for mortgagees is regulated on the basis of information from the Unified State Register of Real Estate on state registration of real estate in apartment buildings participating in the Moscow housing stock renewal program.

The Law on Mortgage Lending was supplemented by Art. 41.1 out of 8 points regarding the renovation of the housing stock of the capital of the Russian Federation.

Point one - Signing an act on the transfer of ownership rights to living space in an apartment building, with a requirement to provide equivalent living space, issuing a court decision on state registration of the transfer of ownership rights to living space - the basis for providing another housing on a mortgage without the approval of the mortgagee and mortgagor. In relation to residential real estate provided in exchange, the terms of the old mortgage agreement remain unchanged.

Paragraph two - when replacing the object of collateral, it does not provide for a change in the obligations of the parties regarding the subject of the agreement involved in the renovation of the housing stock of the capital of the Russian Federation

Paragraph three - The valuation of housing issued with a mortgage is regulated by agreement between the mortgagor and the mortgagee, according to the assessment of the premises or on the basis of a monetary value approved by the appraisal act or on the basis of the cadastral price.

Point four - When receiving a mortgage secured by another home, the insured home becomes the object of collateral.

Point five - The insurer must be notified by the pledge holder in writing that the collateral has been changed. The insurer gives the mortgagee an insurance certificate for the property that was pledged under the mortgage contract, with conditions similar to the old insurance contract, and provides the policy with his signature. at the address of the insured premises. The policyholder does not have to sign the policy or insurance certificate.

Paragraph six - Determines the amount of insurance payments in the event of incidents of property damage, according to the limits of the amount of insurance, without taking into account the ratio of the amount of insurance and the insured value.

Paragraph seven - If the mortgagee confirms his rights under the mortgage, if the object of the pledge is replaced, then the information about the subject of the agreement is changed in the act. The monetary estimated price of living space indicated by insurers can be replaced by the cadastral price of living space. The updated mark in the Unified State Register of Real Estate is made by the body for recording the rights of ownership of living space. The mark is entered at the request of the mortgage holder. The owner is required to present the application and mortgage in the original. There is no need for an agreement between the mortgage debtor, the mortgagor and the mortgage holder to adjust the marks in the document.

Paragraph eight - Adjustment of the mortgage according to the law occurs through the attachment to it of a separate act with the adjustments made, indicating the body that records the rights in the document, stating that the attached attachment is an integral part of the document. An entry on the document about the entered adjustments is made by an employee of the registration authority, signed by him and supported by the stamp of the organization. The procedure is free of charge.

"On mortgage (real estate pledge)"

(as amended on November 9, 2001, February 11, December 24, 2002, February 5, June 29, November 2, December 30, 2004,
4, December 18, 2006, June 26, December 4, 2007, May 13, December 22, 30, 2008, July 17, 2009)

1. Under an agreement on the pledge of real estate (mortgage agreement), one party - the pledgee, who is a creditor under the obligation secured by the mortgage, has the right to receive satisfaction of his monetary claims against the debtor under this obligation from the value of the pledged real estate of the other party - the mortgagor, preferentially before others creditors of the pledgor, with exceptions established by federal law.

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).

The property on which the mortgage is established remains with the mortgagor in his possession and use.

2. To a pledge of real estate arising on the basis of a federal law upon the occurrence of the circumstances specified therein (hereinafter referred to as a mortgage by force of law), the rules on a pledge arising by virtue of a mortgage agreement are correspondingly applied, unless otherwise established by federal law.

3. The general rules on pledge contained in the Civil Code of the Russian Federation apply to relations under a mortgage agreement in cases where the specified Code or this Federal Law does not establish other rules.

4. A pledge of land plots, enterprises, buildings, structures, apartments and other real estate can arise only insofar as their circulation is permitted by federal laws.

Article 2. Obligation secured by a mortgage

A mortgage may be established to secure an obligation under a credit agreement, a loan agreement or another obligation, including an obligation based on purchase and sale, lease, contract, other agreement, damage, unless otherwise provided by federal law.

Obligations secured by a mortgage are subject to accounting by the creditor and debtor, if they are legal entities, in the manner established by the legislation of the Russian Federation on accounting.

Article 3. Requirements secured by a mortgage

1. A mortgage ensures payment to the mortgagee of the principal amount of debt under a loan agreement or other obligation secured by a mortgage in full or in part provided for by the mortgage agreement.

A mortgage established to secure the execution of a credit agreement or a loan agreement with the condition of paying interest also ensures payment to the creditor (lender) of the interest due to him for using the loan (borrowed funds).

Unless otherwise provided by the agreement, the mortgage also ensures 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 money, provided for by the obligation secured by the mortgage or by federal law;

3) for compensation of legal costs and other expenses caused by the foreclosure of the pledged property;

4) to reimburse expenses for the sale of the pledged property.

2. Unless otherwise provided by the agreement, the mortgage secures the claims of the mortgagee to the extent that they have at the time of their satisfaction at the expense of the pledged property.

3. If the mortgage agreement specifies the total fixed amount of the mortgagee’s claims secured by the mortgage, the debtor’s obligations to the mortgagee in excess of this amount are not considered secured by the mortgage, with the exception of claims based on subparagraphs 3 and 4 of paragraph 1 of this article or on article 4 of this Federal Law.

Article 4. Securing additional expenses of the mortgagee with a mortgage

In cases where the mortgagee, in accordance with the terms of the mortgage agreement or due to the need to ensure the preservation of the property pledged under this agreement, is forced to bear the costs of its maintenance and/or security or to pay off the debt of the mortgagor for taxes, fees or utilities associated with this property payments, compensation to the pledgee for such necessary expenses is ensured from the pledged property.

Article 5. Property that may be the subject of a mortgage

1. Under a mortgage agreement, real estate specified in paragraph 1 of Article 130 of the Civil Code of the Russian Federation may be pledged, the rights to which are registered in the manner established for state registration of rights to real estate and transactions with it, including:

1) land plots, with the exception of land plots specified in Article 63 of this Federal Law;

2) enterprises, as well as buildings, structures and other real estate used in business activities;

3) residential buildings, apartments and parts of residential buildings and apartments, consisting of one or more isolated rooms;

4) dachas, garden houses, garages and other buildings for consumer purposes;

5) aircraft and sea vessels, inland navigation vessels and space objects.

Buildings, including residential buildings and other structures and structures directly connected to the land, may be the subject of a mortgage, subject to the rules of Article 69 of this Federal Law.

The absence of state registration of ownership of land plots, the state ownership of which is not demarcated, is not an obstacle to the mortgage of such land plots in accordance with Article 62.1 of this Federal Law.

2. The rules of this Federal Law apply to the pledge of unfinished real estate being built on a land plot in accordance with the requirements of the legislation of the Russian Federation, including buildings and structures, subject to the rules of Article 69 of this Federal Law.

3. Unless otherwise provided by the agreement, the thing that is the subject of the mortgage is considered pledged together with accessories (Article 135 of the Civil Code of the Russian Federation) as a single whole.

4. Part of the property, the division of which in kind is impossible without changing its purpose (indivisible thing), cannot be an independent subject of mortgage.

5. The rules on the mortgage of real estate accordingly apply to the pledge of the rights of a tenant under a lease agreement for such property (the right to lease), unless otherwise established by federal law and does not contradict the essence of lease relations.

The rules on real estate mortgages also apply to the pledge of the rights of claim of a participant in shared construction arising from an agreement for participation in shared construction that meets the requirements of the Federal Law “On participation in shared construction of apartment buildings and other real estate and amendments to certain legislative acts of the Russian Federation.”

Article 6. The right to pledge property under a mortgage agreement

1. A mortgage may be established on the property specified in Article 5 of this Federal Law, which belongs to the mortgagor by right of ownership or by right of economic management.

2. Mortgage of property withdrawn from circulation, property which cannot be foreclosed on in accordance with federal law, as well as property in respect of which mandatory privatization is provided for in accordance with the procedure established by federal law or the privatization of which is prohibited.

3. If the subject of the mortgage is property, the alienation of which requires the consent or permission of another person or body, the same consent or permission is necessary for the mortgage of this property.

Decisions on the pledge of real estate that is state-owned and not secured by the right of economic management are made by the Government of the Russian Federation or the government (administration) of a constituent entity of the Russian Federation.

4. The right to lease may be the subject of a mortgage with the consent of the lessor, unless otherwise provided by federal law or the lease agreement. In the cases provided for in paragraph 3 of Article 335 of the Civil Code of the Russian Federation, the consent of the owner of the leased property or the person who has the right of economic management over it is also required.

5. A pledge of real estate is not the basis for releasing a person who acted as a mortgagor under a mortgage agreement from fulfilling the conditions under which he participated in an investment (commercial) competition, auction or otherwise in the process of privatization of the property that is the subject of this pledge.

6. The mortgage applies to all inseparable improvements to the subject of the mortgage, unless otherwise provided by the agreement or this Federal Law.

Article 7. Mortgage of property in common ownership

1. On property that is in common joint ownership (without determining the share of each owner in the right of ownership), a mortgage can be established if there is consent of all owners. Consent must be given in writing, unless federal law provides otherwise.

2. A participant in common shared ownership may pledge his share in the right to common property without the consent of other owners.

If, at the request of the mortgagee, foreclosure on this share upon its sale is applied, the rules of Articles 250 and 255 of the Civil Code of the Russian Federation on the pre-emptive right of purchase belonging to the remaining owners and on foreclosure on a share in the right of common ownership, with the exception of cases of foreclosure on a share in the right of ownership of the common property of a residential building (Article 290 of the Civil Code of the Russian Federation) in connection with the foreclosure of an apartment in this building.

Chapter II. Conclusion of a mortgage agreement

Article 8. General rules for concluding a mortgage agreement

The mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on concluding agreements, as well as the provisions of this Federal Law.

1. The mortgage agreement must indicate the subject of the mortgage, its valuation, essence, size and deadline for fulfilling the obligation secured by the mortgage.

2. The subject of the mortgage is determined in the agreement by indicating its name, location and a description sufficient to identify this subject.

The mortgage agreement must indicate the right by virtue of which the property that is the subject of the mortgage belongs to the mortgagor, and the name of the body carrying out state registration of rights to real estate and transactions with it (hereinafter referred to as the body carrying out state registration of rights) that registered this right pledgor.

If the subject of the mortgage is a lease right owned by the mortgagor, the leased property must be defined in the mortgage agreement in the same way as if it were itself the subject of the mortgage, and the lease term must be indicated.

3. The valuation of the subject of the mortgage is determined in accordance with the legislation of the Russian Federation by agreement between the mortgagor and the mortgagee in compliance with the requirements of Article 67 of this Federal Law when mortgaging a land plot and is indicated in the mortgage agreement in monetary terms.

When mortgaging state and municipal property, its assessment is carried out in accordance with the requirements established by federal law, or in the manner prescribed by it.

In the case of a pledge of unfinished real estate that is in state or municipal ownership, the market value of this property is assessed.

4. The obligation secured by a mortgage must be named in the mortgage agreement, indicating its amount, the basis for its occurrence and the deadline for fulfillment. In cases where this obligation is based on any agreement, the parties to this agreement, the date and place of its conclusion must be indicated. If the amount of the obligation secured by the mortgage is subject to determination in the future, the mortgage agreement must indicate the procedure and other necessary conditions for its determination.

5. If the obligation secured by a mortgage is subject to execution in parts, the mortgage agreement must indicate the terms (frequency) of the relevant payments and their amounts or conditions allowing to determine these amounts.

6. If the rights of the mortgagee in accordance with Article 13 of this Federal Law are certified by a mortgage, this is indicated in the mortgage agreement, with the exception of cases of issuance of a mortgage under a mortgage by force of law.

Article 10. State registration of a mortgage agreement

1. A mortgage agreement is concluded in writing and is subject to state registration.

An agreement that lacks any data specified in Article 9 of this Federal Law, or violates the rules of paragraph 4 of Article 13 of this Federal Law, is not subject to state registration as a mortgage agreement.

Failure to comply with the rules on state registration of a mortgage agreement entails its invalidity. Such an agreement is considered void.

2. The mortgage agreement is considered concluded and comes into force from the moment of its state registration.

3. When including a mortgage agreement in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be met with regard to the form and state registration of this agreement.

4. If the mortgage agreement states that the rights of the mortgagee in accordance with Article 13 of this Federal Law are certified by the mortgage, together with such an agreement the mortgage is submitted to the body carrying out state registration of rights. If the conclusion of a corresponding agreement entails the creation of a mortgage by force of law, in the case of drawing up a mortgage note, the corresponding agreement and the mortgage note are presented. The body carrying out state registration of rights makes a note on the mortgage about the date and place of state registration of such an agreement, numbers and seals the sheets of the mortgage in accordance with paragraph two of paragraph 3 of Article 14 of this Federal Law.

If the agreement on the basis of which the mortgage is drawn up and issued states that from the date of issuance of the mortgage to the mortgagee by the body carrying out state registration of rights, the mortgage agreement and the agreement from which the obligation is secured by the mortgage terminate, all relations between the mortgagor, the debtor and mortgagee is governed by this mortgage.

5. State registration of a mortgage agreement concluded to ensure the repayment of a credit or loan provided to repay a previously granted credit or loan for the purchase or construction of a residential house or apartment, and the issuance of a mortgage, if its issuance is provided for by this mortgage agreement, may be carried out simultaneously with repayment of the mortgage and cancellation of the mortgage, which was issued to secure a previously granted credit or loan, subject to the submission of such a mortgage to the body that carries out state registration of rights.

Article 11. Emergence of a mortgage as an encumbrance

1. State registration of a mortgage agreement is the basis for making a mortgage entry in the Unified State Register of Rights to Real Estate and Transactions with It.

State registration of an agreement giving rise to a mortgage by force of law is the basis for making a record of the creation of a mortgage by force of law in the Unified State Register of Rights to Real Estate and Transactions with It.

2. A mortgage as an encumbrance on property pledged under a mortgage agreement arises from the moment of conclusion of this agreement.

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 established by the agreement.

3. The rights of the mortgagee (the right of pledge) to the property provided for by this Federal Law and the mortgage agreement are considered to arise from the moment an entry about the mortgage is made in the Unified State Register of Rights to Real Estate and Transactions with It, unless otherwise established by federal law. If the obligation secured by the mortgage arose after the entry of the mortgage into the Unified State Register of Rights to Real Estate and Transactions with It, the rights of the mortgagee arise from the moment this obligation arises.

The rights of the pledgee (the right of pledge) to the pledged property are not subject to state registration.

Article 12. Warning to the mortgagee about the rights of third parties to the subject of mortgage

When concluding a mortgage agreement, the mortgagor is obliged to warn the mortgagee in writing about all the rights of third parties to the subject of the mortgage known to him at the time of state registration of the agreement (rights of pledge, lifelong use, lease, easements and other rights). Failure to fulfill this obligation gives the mortgagee the right to demand early fulfillment of the obligation secured by the mortgage or change the terms of the mortgage agreement.

Chapter III. Mortgage

Article 13. Basic provisions on the mortgage

1. The rights of the mortgagee under the obligation secured by a mortgage and under the mortgage agreement may be certified by a mortgage, unless otherwise established by this Federal Law.

A mortgage may certify the rights of the mortgagee under the mortgage by force of law and under the obligation secured by this mortgage, unless otherwise established by this Federal Law.

A mortgage certifying the rights of the mortgagee under a mortgage by force of law and the obligation secured by this mortgage shall be subject to the provisions provided for a mortgage under a mortgage by virtue of an agreement, unless otherwise established by this Federal Law.

2. A mortgage is a registered security certifying the following rights of its legal owner:

the right to receive fulfillment of monetary obligations secured by a mortgage, without providing other evidence of the existence of these obligations;

right of lien on property encumbered with a mortgage.

3. The obligated persons under the mortgage are the debtor for the obligation secured by the mortgage and the mortgagor.

4. Drawing up and issuing a mortgage is not allowed if:

1) the subject of the mortgage is:

enterprise as a property complex;

Paragraph 4 is declared invalid.

the right to lease the property listed in this subclause;

2) a mortgage secures a monetary obligation, the amount of debt for which is not determined at the time of concluding the agreement and which does not contain conditions allowing this amount to be determined at the appropriate time.

In the cases provided for in this paragraph, the terms of the mortgage in the mortgage agreement are invalid.

5. The mortgage is drawn up by the mortgagor, and if he is a third party, also by the debtor for the obligation secured by the mortgage.

The mortgage is issued to the original mortgagee by the body carrying out state registration of rights after state registration of the mortgage. A mortgage may be drawn up and issued to the mortgagee at any time before the termination of the obligation secured by the mortgage. If the mortgage is drawn up after the state registration of the mortgage, a joint application of the mortgagee and the mortgagor is submitted to the body that carries out state registration of rights, as well as a mortgage, which is issued to the mortgagee within one day from the moment the applicant applies to the body that carries out state registration of rights.

The transfer of rights under the mortgage and the pledge of the mortgage are carried out in the manner established by Articles 48 and 49 of this Federal Law.

6. The debtor under the obligation secured by the mortgage, the mortgagor and the legal owner of the mortgage may, by agreement, change the previously established conditions of the mortgage.

7. When concluding an agreement specified in paragraph 6 of this article and paragraph 3 of Article 36 of this Federal Law, and transferring a debt under an obligation secured by a mortgage, such an agreement provides for either making changes to the contents of the mortgage by attaching to it the original of such an agreement and indicating by an official of the body , carrying out state registration of rights, in the text of the mortgage agreement itself as a document that is an integral part of the mortgage, in accordance with the rules of part two of Article 15 of this Federal Law, or the cancellation of the mortgage and at the same time the issuance of a new mortgage drawn up taking into account the relevant changes.

State registration of an agreement to change the contents of a mortgage with an indication in the text of the mortgage itself of the agreement as a document that is an integral part of the mortgage must be carried out as registration of the transaction within one day from the moment the applicant applies to the body carrying out state registration of rights, with the presentation of the original mortgage and agreements to change the contents of the mortgage.

An entry in the mortgage on a registered agreement to change the contents of the mortgage, indicating the date and number of its state registration, must be made by the state registrar, certified by his signature and sealed by the body carrying out state registration of rights. These actions are carried out free of charge.

In case of cancellation of the mortgage and at the same time the issuance of a new mortgage, together with an application for making changes to the records of the Unified State Register of Rights to Real Estate and Transactions with It, the mortgagor and the mortgagee transfer to the body carrying out state registration of rights the mortgage subject to cancellation and the new mortgage, which delivered to the mortgagee in lieu of a canceled mortgage.

The canceled mortgage is stored in the archives of the body carrying out state registration of rights until the mortgage registration record is redeemed.

If depository accounting (storage of mortgages, accounting and transfer of rights to mortgages) of a canceled mortgage was carried out, the new mortgage must contain a note about its depositary accounting indicating the name and location of the depositary in which the rights to the canceled mortgage were recorded.

8. The mortgage may be transferred to the depository for its depositary accounting. Depository accounting of mortgages is carried out in depositories - professional participants in the securities market that have an appropriate license issued in the manner established by Federal Law of April 22, 1996 No. 39-FZ “On the Securities Market”.

If depository accounting of a mortgage is carried out, a mark on depositary accounting must be made on it, containing the name and location of the depositary in which such accounting will be carried out. A note on depository accounting, in appropriate cases, can be made by the drafter of the mortgage when drawing it up or by the owner of the mortgage after it is issued by the body carrying out state registration of rights. After a note has been made regarding the depositary accounting of the mortgage, at any time, on the basis of an agreement with the depositary, the owner of the mortgage may transfer the mortgage to the depository for its depositary accounting. When replacing the depository, the owner of the mortgage makes a note on it about the new depository, indicating its name and location.

9. The note on depositary accounting of the mortgage must indicate that such accounting is temporary or mandatory. In the case of temporary depositary accounting of a mortgage, its owner at any time has the right to demand that the depository cease storing and recording the mortgage. If mandatory depositary accounting of a mortgage is carried out, it can be issued by the depository to the owner of the mortgage only for transferring it to another depository, providing it to the courts, law enforcement agencies, bailiffs who have cases related to real estate objects and (or) their copyright holders, as well as for transferring it to the body that carries out state registration of rights.

10. If depository accounting of a mortgage is carried out, the rights of its owner are confirmed by an entry in the securities account in the depository accounting system (hereinafter referred to as the entry in the securities account).

11. If depository accounting of a mortgage is carried out, the depository, on the basis of relevant instructions from the owner of the mortgage, is obliged to make an entry in the depositary accounting system in the securities account about the transfer of the mortgage into trust management, as a pledge or about the completion of another transaction with the mortgage, as well as at the request of the owner mortgage is a special entry giving the mortgagee the right to sell the mortgage after a certain period of time in order to withhold from the proceeds the amount of the obligation secured by its mortgage. In the event of termination of depositary accounting of a mortgage, the depository makes notes on it about encumbrances and transactions that, according to records entered into the depository accounting system on securities accounts, are valid in relation to this mortgage at the time of termination of its depositary accounting in this depository.

12. If depository accounting of a mortgage is carried out, the transfer of rights to the mortgage, as well as other transactions with the mortgage, can be carried out only by making appropriate entries in the depository account.

13. The depository has the right to involve another depository in the performance of its duties for storage and (or) accounting of mortgages, if this is provided for in the depository agreement. In this case, no additional marks are made on the mortgage. The depository is responsible for the actions of another depository designated by it as for its own.

Article 14. Contents of the mortgage

1. The mortgage at the time of its issuance to the original mortgagee by the body carrying out state registration of rights must contain:

1) the word “mortgage” included in the title of the document;

2) the name of the pledgor and information about the identity document, or its name and location, if the pledgor is a legal entity;

3) the name of the original pledgee and information about the identity document, or its name and location, if the pledgee is a legal entity;

4) the name of the loan agreement or other monetary obligation, the execution of which is secured by a mortgage, indicating the date and place of conclusion of such an agreement or the basis for the occurrence of the obligation secured by the mortgage;

5) the name of the debtor under the obligation secured by the mortgage, if the debtor is not a mortgagor, and information about the debtor’s identity document, or its name and location, if the debtor is a legal entity;

6) an indication of the amount of the obligation secured by the mortgage and the amount of interest, if they are payable on this obligation, or the conditions that allow this amount and interest to be determined at the appropriate time;

7) an indication of the deadline for payment of the amount of the obligation secured by the mortgage, and if this amount is payable in installments - the timing (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);

8) the name and description sufficient for identification of the property on which the mortgage is established, and an indication of the location of such property;

9) a monetary valuation of the property on which the mortgage is established, confirmed by the appraiser’s conclusion;

10) the name of the right by virtue of which the property that is the subject of the mortgage belongs to the mortgagor, and the body that registered this right, indicating the number, date and place of state registration, and if the subject of the mortgage is a lease right belonging to the mortgagor - the exact name of the property that is the subject lease, in accordance with subparagraph 8 of this paragraph and the validity period of this right;

11) an indication that the property that is the subject of the mortgage is encumbered with the right of lifelong use, lease, easement, or other right, or is not encumbered with any of the rights of third parties subject to state registration at the time of state registration of the mortgage;

12) the signature of the mortgagor and, if he is not the debtor, also the signature of the debtor on the obligation secured by the mortgage;

13) information on state registration of mortgages provided for in paragraph 2 of Article 22 of this Federal Law;

14) indication of the date of issue of the mortgage to the mortgagee and the date of issue of the mortgage to its owner, if the mortgage was canceled and a new mortgage was drawn up indicating the date of cancellation of the previous mortgage.

A document called a “mortgage”, which nevertheless does not contain any data specified in subparagraphs 1 - 14 of this paragraph, is not a mortgage and is not subject to issue to the original mortgagee. In the case of a mortgage being issued under a mortgage, by force of law, inclusion in the mortgage of the data specified in subclause 10 of this clause is ensured by the body carrying out state registration of rights. The procedure for including this data in the mortgage is determined by Article 22 of this Federal Law.

2. When drawing up a mortgage, it may also include data and conditions not provided for in paragraph 1 of this article.

Individual terms of a mortgage may be determined by approximate terms developed for mortgages, posted on a website on the Internet and published in a periodical printed publication distributed in a circulation of at least ten thousand copies. In this case, when drawing up a mortgage note, instead of such conditions, an indication of the source in which such conditions are published is included.

3. If there is insufficient space on the mortgage note itself, including for notes on new owners and (or) partial fulfillment of the obligation secured by the mortgage, or an entry both when drawing up the mortgage note and after its issuance of other necessary information, an additional sheet is attached to it.

All sheets of the mortgage form a single whole. They must be numbered, attached to one another, certified by the signature of an official and sealed with the seal of the body carrying out state registration of rights. Separate sheets of the mortgage cannot be the subject of transactions.

4. If the mortgage does not comply with the mortgage agreement or the agreement from which the obligation is secured by the mortgage, the contents of the mortgage are considered correct, except for the case if its acquirer knew or should have known about such discrepancy at the time of the transaction.

The legal owner of the mortgage has the right to demand elimination of the specified discrepancy by canceling the mortgage in his possession and simultaneously issuing a new mortgage, if the demand was made immediately after the legal owner of the mortgage became aware of such discrepancy.

The drafter of the mortgage note is responsible for losses arising in connection with the specified discrepancy and its elimination.

Article 15. Attachments to the mortgage

Documents defining the terms of the mortgage or necessary for the mortgagee to exercise his rights under the mortgage may be attached to the mortgage.

If the documents attached to the mortgage are not named therein with such precision as is sufficient to identify them, and the mortgage does not state that such documents are an integral part of it, such documents are not binding on the persons to whom the rights under the mortgage were transferred as a result its sale, pledge or otherwise.

Article 16. Registration of mortgage holders

1. Any legal owner of a mortgage has the right to demand from the body carrying out state registration of rights to register him in the Unified State Register of Rights to Real Estate and Transactions with It as a mortgagee, indicating his name and identification document, and if the owner of the mortgage is a legal entity - its name and location.

2. The debtor under an obligation secured by a mortgage, who has received from the legal owner of the mortgage a written notification of the latter’s registration in the Unified State Register of Rights to Real Estate and Transactions with It with a duly certified extract from this register, as well as a written notification of the acquisition by such owner of the mortgage transferred to the depositary for depository accounting, with a duly certified statement of the depository account, is obliged to make interim payments on the specified obligation, without requiring each time to present the mortgage to him. Such obligation of the debtor terminates upon receipt of written notice from this or another legal owner of the mortgage regarding the assignment of rights under the mortgage.

3. A registration entry about the legal owner of the mortgage must be made within one day from the moment the applicant applies to the body carrying out state registration of rights upon presentation of the mortgage on the basis of:

transfer of the right under a mortgage completed in accordance with this Federal Law and a note made on the mortgage, if the person who made such an inscription was the legal owner of the mortgage or the mortgagee of the mortgage in whose name a special mortgage transfer inscription was made and who sold the mortgage after the expiration of the period specified in it ( paragraph 4 of article 49);

documents confirming the transfer of rights under the mortgage to other persons as a result of the reorganization of a legal entity or by inheritance;

court decision recognizing the applicant's rights to the mortgage.

If depository accounting of a mortgage is carried out, a registration entry about the owner of the mortgage is made on the basis of an extract from the depository account. This extract is certified by the signature of an authorized person performing the functions of the sole executive body of the depository, or another person who has the right to act on behalf of the depository by proxy, and the seal of the depository specified in the mortgage, without presenting the corresponding mortgage. This extract must contain the information necessary to make an entry about the owner of the mortgage in the Unified State Register of Rights to Real Estate and Transactions with It.

Article 17. Exercising rights under a mortgage and fulfilling the obligation secured by the mortgage

1. When exercising his rights, the owner of the mortgage is obliged to present the mortgage to the obligated person (debtor or pledgor) in respect of whom the corresponding right is exercised, upon his request. The owner of the mortgage does not present his mortgage if:

when a mortgage is pledged, it is transferred to the deposit of a notary;

the mortgage is pledged with its transfer to the mortgagee;

on the mortgage before or after its issuance, a note was made about its depositary accounting, the obligated person was notified about this and a notice of termination of such accounting was not received.

If depository accounting of a mortgage is carried out, the debtor has the right to demand from the owner of the mortgage, in confirmation of his rights, an extract from the depositary account, certified by the signature of an authorized person acting as the sole executive body of the depositary, or another person authorized to act on behalf of the depository by proxy, and seal of the depository specified in the mortgage.

2. The mortgagee, upon fulfillment of the obligation secured by the mortgage, is obliged to immediately transfer the mortgage to the mortgagor with a note on the fulfillment of the obligation in full, and in cases where the obligation is fulfilled in parts, to certify its partial fulfillment in a manner sufficient for the mortgagor and obvious to possible subsequent owners of the mortgage , including by attaching relevant financial documents or making a note on the mortgage about partial fulfillment of the obligation.

3. The presence of a mortgage in the possession of the mortgagee or the absence on it of a mark or otherwise certifying the partial fulfillment of the obligation secured by the mortgage indicates, unless otherwise proven, that this obligation or, accordingly, part of it has not been fulfilled, except for the case specified in paragraph 2 of Article 48 of this Federal Law .

The mortgage may indicate that partial fulfillment of the obligation under the mortgage is not certified. The burden of proving the debtor's failure to fulfill the obligation in this case rests with the creditor in accordance with civil law.

4. The debtor under an obligation secured by a mortgage repays his debt in full or in part by properly fulfilling his obligations under the mortgage in accordance with the plan for repaying the debt to its legal owner or a person authorized in writing by the legal owner of the mortgage to exercise rights under it.

5. In the case of transfer of the mortgage to the deposit of a notary when pledging the mortgage, the debtor under the obligation secured by the mortgage fulfills his obligation by depositing the debt into the deposit of the notary.

6. The person obligated under the mortgage has the right to refuse the holder of the mortgage to exercise his rights under the mortgage in cases where:

the court accepted for consideration a claim to invalidate the transfer of rights to this mortgage or to apply the consequences of the invalidity of this transaction;

the presented mortgage is invalid due to its loss by the legal owner and the issuance of a duplicate of the mortgage (Article 18) or due to a violation of the procedure for issuing the mortgage or its duplicate, for which the persons obligated under them are not responsible;

the debtor, on the grounds specified in paragraph 2 of Article 48 of this Federal Law, is recognized as having partially fulfilled the obligation.

The person obligated under the mortgage does not have the right to raise any objections that are not based on the mortgage against the demands of the legal owner of the mortgage to exercise the rights under it.

7. The presence of a mortgage with any of the persons obligated under it or with the body carrying out state registration of rights indicates, unless otherwise proven or established by this Federal Law, that the obligation secured by the mortgage has been fulfilled. A person in possession of a mortgage is obliged to immediately notify other persons from among the above-mentioned persons.

In cases where, in accordance with this Federal Law, the mortgage is cancelled, the body carrying out state registration of rights, immediately upon receipt of the mortgage, cancels it by affixing the stamp “cancelled” on the front side or in another way that does not allow the possibility of its circulation, with the exception of physical destruction mortgage

Article 18. Restoration of rights to a lost mortgage

1. Restoration of rights to a lost mortgage is carried out by the mortgagor, and if he is a third party, also by the debtor under the obligation secured by the mortgage on the basis of:

statements addressed to them by a person listed in the Unified State Register of Rights to Real Estate and Transactions with It as a mortgagee, if, according to the data entered in the said register in accordance with Article 16 of this Federal Law, it is possible to establish the legality of the restored rights to a lost mortgage, or , if depository accounting of a mortgage is carried out, the person who, according to the records on the securities accounts, is the owner of this mortgage.

statements addressed to them by a person who has lost the mortgage and is not listed in the Unified State Register of Rights to Real Estate and Transactions with It as a mortgagee, if it is possible to establish the legality of the rights of this person;

a court decision made based on the results of consideration of a case in special proceedings to establish facts of legal significance in accordance with the procedural legislation of the Russian Federation.

1.1. Restoration of rights to a lost mortgage, the depositary accounting of which is carried out, is carried out on the basis of a certificate issued by the relevant depository about the last owner of the mortgage, indicating the fact of loss of this mortgage.

2. The mortgagor, and if he is a third party, also the debtor under the obligation secured by the mortgage, are obliged, in the shortest possible time, to draw up a duplicate of the mortgage with the mark “duplicate” on it and submit it to the body that carries out state registration of rights.

3. A duplicate of the mortgage note is issued by the body carrying out state registration of rights by handing it over to the person who has lost the mortgage note.

If depository accounting of a mortgage is carried out, the person who has lost the mortgage is the person who is the owner of the mortgage according to the records on the depository accounts.

4. The duplicate mortgage note must fully correspond to the lost mortgage note.

The maker of the duplicate mortgage note is liable for losses incurred in connection with the discrepancy between the duplicate mortgage note and the lost mortgage note. The persons obligated under the mortgage do not have the right to refuse the legal owner of the duplicate mortgage to exercise rights under it in connection with the specified discrepancy, if they are responsible for it.

Chapter IV. State registration of mortgage

Article 19. Basic provisions on state registration of mortgages

1. A mortgage is subject to state registration in the Unified State Register of Rights to Real Estate and Transactions with It in the manner established by the federal law on state registration of rights to real estate and transactions with it.

2. State registration of a mortgage is carried out at the location of the property that is the subject of the mortgage.

Article 20. Procedure for state registration of mortgages

1. State registration of a mortgage arising by virtue of a mortgage agreement is carried out on the basis of a joint application of the mortgagor and the mortgagee. State registration of a mortgage arising by virtue of a notarized mortgage agreement is carried out on the basis of an application from the mortgagor or mortgagee.

For state registration of a mortgage arising under a mortgage agreement, the following must be submitted:

mortgage agreement and its copy;

documents specified in the mortgage agreement as attachments;

other documents required for state registration of mortgages in accordance with the legislation of the Russian Federation on state registration of rights to real estate and transactions with it.

2. A mortgage is subject to state registration by force of law. State registration of a mortgage by force of law is carried out without submitting a separate application and without paying a state fee.

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

During state registration of a mortgage, by force of law, entry into the Unified State Register of Rights to Real Estate and Transactions with It, information about the mortgagee is carried out on the basis of the agreement from which the obligation secured by the mortgage arose. In this case, requesting from the applicant other documents and information relating to the pledgee is not allowed.

2.1. State registration of mortgages by force of law in relation to residential premises purchased using savings for housing provision for military personnel in accordance with Federal Law of August 20, 2004 No. 117-FZ “On the savings and mortgage system for housing provision for military personnel” (hereinafter referred to as the Federal Law “On accumulative-mortgage system of housing provision for military personnel"), is carried out with registration as a mortgage holder of the federal executive body ensuring the functioning of the accumulative-mortgage system of housing provision for military personnel.

3. If the rights of the mortgagee are certified by a mortgage, the following shall also be submitted to the body carrying out state registration of rights, along with the documents specified in paragraph 1 of this article:

a mortgage, the contents of which must satisfy the requirements of paragraph 1 of Article 14 of this Federal Law, with the exception of the requirement regarding the date of issuance of the mortgage, information on state registration of the mortgage and information provided for in subparagraph 10 of paragraph 1 of Article 14 of this Federal Law in the case of the issuance of a mortgage under a mortgage in force law, and its copy;

documents named in the mortgage as attachments and their copies.

4. State registration of an agreement on the assignment of rights under the main obligation or under a mortgage agreement is carried out upon a joint application of the former and new mortgagees. For state registration of an assignment of rights agreement, the following must be submitted:

contract of assignment of rights;

document confirming payment of state duty;

previously registered mortgage agreement.

4.1. An application for state registration of a pledge of real estate securing the claims constituting the mortgage coverage, the share in the common ownership right to which is certified by a mortgage participation certificate, is submitted to the mortgage coverage manager.

For state registration of a pledge of real estate securing the requirements constituting such mortgage coverage, in addition to other necessary ones in accordance with Federal Law of November 11, 2003 No. 152-FZ " About mortgage-backed securities" and Federal Law of July 21, 1997 No. 122-FZ "" documents are submitted:

license to manage mortgage coverage, provided for in Article 17 of the Federal Law of November 11, 2003 No. 152-FZ " About mortgage-backed securities" (original or notarized copy);

rules for trust management of mortgage coverage.

4.2. Entering into the Unified State Register of Rights to Real Estate and Transactions with It information about the new mortgagee as a result of the transfer of the mortgage is carried out in compliance with the requirements of Article 16 of this Federal Law upon the application of the new owner of the mortgage. To enter such information, a mortgage note must be submitted with a mark on it indicating the transfer of rights to the mortgage note to the new owner of the mortgage note and a document confirming payment of the state duty.

5. A mortgage must be registered within one month from the date of receipt of the documents necessary for its registration by the body carrying out state registration of rights, and a residential mortgage - within five working days from the specified day.

6. State registration of a mortgage is carried out by making a registration entry about the mortgage in the Unified State Register of Rights to Real Estate and Transactions with It.

The date of state registration of a mortgage is the day of the registration of the mortgage in the Unified State Register of Rights to Real Estate and Transactions with It. Registration entries in the Unified State Register of Rights to Real Estate and Transactions with It are made in order, determined on the basis of the dates of receipt of all necessary documents by the body carrying out state registration of rights.

7. For third parties, a mortgage is considered to have arisen from the moment of its state registration.

Article 21. Refusal of state registration of a mortgage and postponement of state registration of a mortgage

1. State registration of a mortgage may be refused in cases provided for by the federal law on state registration of rights to real estate and transactions with it, unless otherwise established by this Federal Law.

Suspension and (or) termination of state registration of a mortgage at the request of one of the parties to a transaction for the acquisition of residential premises is not allowed.

2. State registration of a mortgage may be delayed for no more than one month if:

failure to submit to the body carrying out state registration of rights any of the documents specified in paragraphs 2 and 3 of Article 20 of this Federal Law;

non-compliance of the mortgage agreement, mortgage note and documents attached thereto with the requirements provided for by the legislation of the Russian Federation;

the need to verify the authenticity of submitted documents.

3. When making a decision to postpone the state registration of a mortgage, the body carrying out state registration of rights requests the necessary documents or requires the elimination of identified inconsistencies.

If the requirements of the specified body are not met within the period established by it, state registration of the mortgage must be denied.

4. If there is a legal dispute regarding the rights to property that is the subject of a mortgage, or regarding foreclosure on it, state registration of the mortgage is postponed until the dispute is resolved by the court.

5. A reasoned refusal to state register a mortgage must be sent to the mortgagor within the period established for its state registration.

Article 22. Registration record of mortgage and certificate of state registration of mortgage

1. The registration record of a mortgage in the Unified State Register of Rights to Real Estate and Transactions with It must contain information about the original mortgagee, the subject of the mortgage and the amount of the obligation secured by it. If the mortgage agreement provides that the rights of the mortgagee are certified by the mortgage, this is also indicated in the mortgage registration record.

This data is entered into the mortgage registration record on the basis of a mortgage agreement or an agreement giving rise to a mortgage by force of law.

1.1. When state registration of a pledge of real estate securing the requirements constituting a mortgage cover, the share in the common ownership of which is certified by a mortgage participation certificate, it is indicated in the Unified State Register of Rights to Real Estate and Transactions with It that the mortgagees of the said real estate are the owners of the mortgage participation certificates , data about which is established on the basis of personal account data in the register of owners of mortgage participation certificates and securities accounts of owners of mortgage participation certificates, and also an individual designation is indicated that identifies the mortgage participation certificates, in the interests of the owners of which trust management of such mortgage coverage is carried out.

If a claim certified by a mortgage is included in the mortgage coverage, the share in the common ownership of which is certified by a mortgage participation certificate, state registration of the mortgage of real estate securing this claim is carried out at the request of the mortgage coverage manager.

2. State registration of a mortgage is certified by an inscription on the mortgage agreement, and in the case of state registration of a mortgage by force of law - on a document that is the basis for the emergence of the mortgagor’s ownership right to the property encumbered by the mortgage. The inscription must contain the full name of the body carrying out state registration of rights, the date, place of state registration of the mortgage and the number under which it is registered. This data is certified by the signature of an official and sealed by the seal of the body carrying out state registration of rights.

In the case of the acquisition of real estate using credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity, in the agreement that is the basis for the emergence of the mortgagor’s ownership right to the property encumbered by the mortgage, it is sufficient to indicate the name of the agreement or the basis from which the secured property arose a mortgage, a monetary obligation, the date and place of conclusion of such an agreement or the date of occurrence of the basis for the monetary obligation secured by the mortgage.

3. If the rights of the mortgagee are certified by a mortgage, the body carrying out state registration of rights is obliged to ensure that by the time the mortgage is issued, it contains the information provided for in paragraph 2 of this article, as well as subparagraphs 10 and 13 of paragraph 1 of Article 14 of this Federal Law.

4. The body carrying out state registration of rights leaves in its archives a copy of the mortgage agreement, and when state registration of a mortgage by force of law - a copy of the document that is the basis for the emergence of the mortgagor’s ownership of the property encumbered by the mortgage. If the rights of the mortgagee are certified by a mortgage, the body carrying out state registration of rights also leaves in its archives a copy of the mortgage with attachments.

Article 23. Correction, modification and addition of the mortgage registration record

1. Correction of technical errors in the mortgage registration record is permitted on the basis of an application from the mortgagor or mortgagee with notification to the other party of the correction made and provided that the said correction cannot cause damage to third parties or violate their legitimate interests.

2. Changes and additions to the mortgage registration record are made on the basis of an agreement between the mortgagor and the mortgagee to change or supplement the terms of the mortgage agreement.

Changes and additions to the mortgage registration record are not allowed if the rights of the mortgagee are certified by the mortgage, except for the case provided for in paragraph 6 of Article 13 of this Federal Law.

In cases where, after the state registration of the mortgage, by force of law, the mortgagor and the mortgagee entered into a mortgage agreement, appropriate changes are made to the previously completed registration entry on the mortgage.

3. Changes and additions to the registration record of the mortgage in connection with the court’s approval of the settlement agreement on the obligation secured by the mortgage are made on the basis of the relevant judicial act that approved the settlement agreement and the application of the mortgagor or mortgagee.

Article 24. State duty

For state registration of a mortgage agreement and mortgage as a restriction (encumbrance) of rights to real estate, including making relevant entries in the Unified State Register of Rights to Real Estate and Transactions with It and issuing documents on state registration, the state fee is paid once for all specified actions in the amounts and manner established by the legislation of the Russian Federation on taxes and fees.

Article 25. Redemption of the mortgage registration record

1. Unless otherwise provided by federal law, the registration record of a mortgage shall be canceled within three working days from the date of receipt by the body carrying out state registration of rights, an application from the owner of the mortgage, a joint application from the mortgagor and the mortgagee, an application from the mortgagor with the simultaneous submission of a mortgage note containing the owner’s mark a mortgage on the fulfillment of the obligation secured by the mortgage in full, or a decision of a court, arbitration court or arbitration tribunal on termination of the mortgage.

To redeem the mortgage registration record, no other documents are required.

2. A note on the mortgage regarding the fulfillment of the obligation secured by the mortgage in full must include words about such fulfillment of the obligation and the date of its execution, and must also be certified by the signature of the owner of the mortgage and certified by his seal if the owner of the mortgage is a legal entity.

3. When the mortgage registration record is canceled in connection with the termination of the mortgage, the mortgage is canceled in the manner established by this Federal Law. The canceled mortgage is transferred to the person previously obligated under it at his request.

Article 25.1. Redemption of a mortgage registration record in the event of liquidation of the mortgagee who is a legal entity

In the event of liquidation of the mortgagee, which is a legal entity, the registration record of the mortgage is canceled on the basis of the application of the mortgagor and an extract from the unified state register of legal entities, confirming the entry into the said register of an entry on the liquidation of this legal entity.

Article 26. Public nature of state registration of mortgages

State registration of mortgages is public. Any person has the right to obtain from the body carrying out state registration of rights information about whether there is a registration record about the mortgage of the relevant property, and a certified extract from the registration record about the mortgage.

A copy of the mortgage, located in the archives of the body carrying out state registration of rights, does not belong to documents of a public nature.

Article 27. Appeal of actions related to state registration of mortgages

Refusal of state registration of a mortgage or evasion by the relevant body from its registration or from issuing a mortgage to the original mortgagee, refusal to make corrections to the registration record of the mortgage, cancellation of the registration record of the mortgage in violation of the established rules, registration of a non-existent mortgage, refusal to exercise the rights provided for in Article 26 of this Federal Law, as well as other actions of the body carrying out state registration of rights that do not comply with federal law, may be appealed by an interested party to a court or arbitration court in accordance with the procedural legislation of the Russian Federation.

Article 28. Responsibility of the body registering mortgages

The body carrying out state registration of rights, which registered or was supposed to register a mortgage, is obliged in accordance with the Civil Code of the Russian Federation and Article 31 of the Federal Law of July 21, 1997 No. 122-FZ " On state registration of rights to real estate and transactions with it" to compensate the interested party for losses caused by his illegal actions (inaction), including:

unjustified refusal of state registration of a mortgage;

unjustified refusal to make corrections to the registration record;

delay in state registration of mortgages beyond the established period;

state registration of a mortgage in violation of the requirements imposed by the legislation of the Russian Federation for the content of the registration record, or with other errors;

failure to comply with the requirements of paragraph 3 of Article 22 of this Federal Law;

evading the issuance of a mortgage note (a duplicate mortgage note);

illegal cancellation of a registration record;

unjustified refusal to perform actions provided for in Article 26 of this Federal Law.

Chapter V. Ensuring the safety of property pledged under a mortgage agreement

Article 29. Use by the pledgor of the pledged property

1. The mortgagor retains the right to use the property pledged under the mortgage agreement. The mortgagor has the right to use this property in accordance with its purpose.

The terms of the mortgage agreement limiting this right of the mortgagor are void.

Unless otherwise provided by the agreement, when using the pledged property, the pledgor must not allow the property to deteriorate and its value to decrease beyond what is caused by normal wear and tear.

2. The mortgagor has the right to extract fruits and income from the property pledged under the mortgage agreement. The mortgagee does not acquire rights to these fruits and income, unless otherwise provided by the mortgage agreement.

Article 30. Maintenance and repair of pledged property

1. Unless otherwise provided by the mortgage agreement, the mortgagor is obliged to maintain the property pledged under the mortgage agreement in good condition and bear the costs of maintaining this property until the termination of the mortgage.

2. Unless otherwise provided by the mortgage agreement, the mortgagor is obliged to carry out current and major repairs of the property pledged under the mortgage agreement within the time limits established by federal law and other legal acts of the Russian Federation (clauses 3 and 4 of Article 3 of the Civil Code of the Russian Federation), or in the manner prescribed by them, and if such deadlines are not established - within a reasonable time.

Article 31. Insurance of pledged property and borrower’s liability for loan failure

1. Insurance of property pledged under a mortgage agreement is carried out in accordance with the terms of this agreement. An insurance contract for property pledged under a mortgage agreement must be concluded in favor of the mortgagee (beneficiary), unless otherwise specified in the mortgage agreement or in the agreement giving rise to a mortgage by force of law, or in the mortgage.

2. If there are no other conditions in the mortgage agreement on insurance of the mortgaged property, the mortgagor is obliged to insure at his own expense this property in full value against the risks of loss and damage, and if the full value of the property exceeds the amount of the obligation secured by the mortgage - in an amount not lower than the amount of this obligation.

3. The mortgagee has the right to satisfy his claim under the obligation secured by the mortgage directly from the insurance compensation for loss or damage to the pledged property, regardless of whose benefit it is insured. This requirement is subject to satisfaction preferentially before the claims of other creditors of the pledgor and persons in whose favor the insurance was carried out, with exceptions established by federal law.

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

4. The borrower, who is the mortgagor under the mortgage agreement, has the right to insure the risk of his liability to the lender for non-fulfillment or improper fulfillment of the obligation to repay the loan.

The borrower's liability insurance agreement must be concluded in favor of the mortgagee (beneficiary). When the rights of a creditor in an obligation secured by a pledge of real estate are transferred, the rights of the beneficiary under the insurance contract are transferred to the new creditor in full.

The insured amount under the borrower's liability insurance agreement should not exceed 20 percent of the value of the pledged property. The insurance premium is paid in one lump sum within the period established by the insurance contract. If the policyholder refuses the insurance contract, the insurance premium paid to the insurer is not refundable.

An insured event under a borrower's liability insurance agreement is the fact that the lender presents a demand to him to repay the loan if the lender does not have enough funds, proceeds from the sale of the pledged property and distributed in the manner established by the legislation on mortgages.

Article 32. Measures to protect pledged property from loss and damage

To ensure the safety of the pledged property, 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 of the Russian Federation) and the agreement about the mortgage, and if they are not established - the necessary measures corresponding to the usually imposed requirements.

In the event of a real threat of loss or damage to the pledged property, the pledgor is obliged to notify the pledgee about this, if known to him.

Article 33. Protection of pledged property from claims of third parties

1. In cases where other persons present demands to the pledgor for recognition of their ownership or other rights to the pledged property, for its seizure (claim) or for the encumbrance of the specified property or other demands, the satisfaction of which may entail a decrease in the value or deterioration of this property, the pledgor is obliged to immediately notify the pledgee of this if he knows it. When a corresponding claim is brought against the pledgor in a court, arbitration court or arbitration court (hereinafter referred to as the court), he must involve such pledgee in participating in the case.

2. In the cases specified in paragraph 1 of this article, the pledgor must use methods appropriate to the circumstances to protect his rights to the pledged property, provided for in Article 12 of the Civil Code of the Russian Federation. If the pledgor has refused to protect his rights to the pledged property 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 compensation from the pledgor for the necessary expenses incurred in connection with this.

3. If property pledged under a mortgage agreement turns out to be in the illegal possession of third parties, the mortgagee has the right, acting on his own behalf, to reclaim this property from someone else’s illegal possession in accordance with Articles 301 - 303 of the Civil Code of the Russian Federation in order to transfer it into the possession of the mortgagor .

Article 34. The right of the pledgee to inspect the pledged property

The mortgagee has the right to check, using documents and in fact, the availability, condition and conditions of maintenance of the property pledged under the mortgage agreement. This right belongs to the pledgee even if the pledged property is temporarily transferred by the pledgor into the possession of third parties.

The inspection carried out by the pledgee must not create unjustified obstacles to the use of the pledged property by the pledgor or other persons in whose possession it is located.

Article 35. Rights of the pledgee in case of improper provision of safety of the pledged property

In the event of a gross violation by the mortgagor of the rules for the use of the pledged property (clause 1 of Article 29), the rules for the maintenance or repair of the pledged property (Article 30), the obligation to take measures to preserve this property (Article 32), if such a violation creates a threat of loss or damage to the pledged property, and Also, in case of violation of the obligations to insure the pledged property (clauses 1 and 2 of Article 31) or in case of an unjustified refusal to the mortgagee to inspect the pledged property (Article 34), the pledgee has the right to demand early fulfillment of the obligation secured by the mortgage.

If satisfaction of such a requirement is refused or it is not satisfied within the period stipulated by the agreement, and if such a period is not provided, within one month, the mortgagee has the right to foreclose on the property pledged under the mortgage agreement.

Article 36. Consequences of loss or damage to pledged property

1. The mortgagor bears the risk of accidental loss and accidental damage to the property pledged under the mortgage agreement, unless otherwise provided by such agreement.

2. If, due to circumstances for which the mortgagee is not responsible, the pledged property is lost or damaged to such an extent that, as a result, the security of the obligation by the mortgage has significantly deteriorated, the pledgee has the right to demand early fulfillment of the obligation secured by the mortgage, including at the expense of insurance compensation in accordance with paragraph 3 of the article 31 of this Federal Law.

3. The pledgee cannot exercise the rights provided for in paragraph 2 of this article if an agreement in writing has been concluded between him and the pledgor on the restoration or replacement of lost or damaged property and the pledgor properly fulfills the terms of this agreement.

Chapter VI. Transfer of rights to property pledged under a mortgage agreement to other persons and encumbrance of this property with the rights of other persons

Article 37. Alienation of pledged property

1. Property pledged under a mortgage agreement may be alienated by the mortgagor 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 mortgagee, if otherwise not provided for in the mortgage agreement.

2. In the case of the issuance of a mortgage, alienation of the pledged property is permitted if the mortgagor’s right to this is provided for in the mortgage, in compliance with the conditions established therein.

3. The pledgor has the right to bequeath the pledged property. The terms of the mortgage agreement or other agreement limiting this right of the mortgagor are void.

Article 38. Preservation of a mortgage when the rights to the mortgaged property are transferred to another person

1. A person who acquired property pledged under a mortgage agreement as a result of its alienation or in the order of universal legal succession, including as a result of reorganization of a legal entity or by inheritance, takes the place of the mortgagor and bears all the obligations of the latter under the mortgage agreement, including and those which were not properly executed by the original mortgagor.

The new pledgor may be released from any of these obligations only by agreement with the pledgee. Such an agreement is not mandatory for subsequent purchasers of the mortgage if its state registration has not been carried out and the rules of Article 15 of this Federal Law have not been observed.

2. If the property pledged under a mortgage agreement has been transferred on the grounds specified in paragraph 1 of this article to several persons, each of the legal successors of the original mortgagor shall bear the consequences arising from the mortgage relationship of failure to fulfill the obligation secured by the mortgage in proportion to the part of the pledged property transferred to it. If the subject of the mortgage is indivisible or for other reasons comes into the common ownership of the legal successors of the mortgagor, the legal successors become joint mortgagors.

3. The pledge of property under a mortgage agreement remains in force regardless of whether, during the transfer of this property to other persons, any rules established for such a transfer were violated.

Article 39. Consequences of violating the rules on alienation of pledged property

When alienating property pledged under a mortgage agreement in violation of the rules of paragraphs 1 and 2 of Article 37 of this Federal Law, the mortgagee has the right, at his own discretion, to demand:

recognizing the transaction on the alienation of pledged property as invalid and applying the consequences provided for in Article 167 of the Civil Code of the Russian Federation;

early fulfillment of the obligation secured by the mortgage and foreclosure on the mortgaged property, regardless of who owns it.

In the latter case, if it is proven that the acquirer of property pledged under a mortgage agreement, at the time of its acquisition, knew or should have known that the property was being alienated in violation of the rules of Article 37 of this Federal Law, such acquirer shall be liable to the extent of the value of the said property for failure to fulfill an obligation secured by a mortgage jointly and severally with the debtor for this obligation. If the mortgaged property is alienated in violation of the specified rules by a mortgagor who is not a debtor under the obligation secured by the mortgage, both the acquirer of the property and the former mortgagor are jointly and severally liable with this debtor.

Article 40. Encumbrance of pledged property with the rights of other persons

1. Unless otherwise provided by federal law or a mortgage agreement, the mortgagor has the right, without the consent of the mortgagee, to lease out the mortgaged property, transfer it for temporary free use and, by agreement with another person, grant the latter the right to limited use of this property (easement) under the conditions that :

the period for which the property is provided for use does not exceed the term of the obligation secured by the mortgage;

the property is provided for use for purposes consistent with the purpose of the property.

2. In the event that the mortgagee forecloses on the mortgaged property on the grounds provided for by federal law or the mortgage agreement, all lease rights and other rights of use in relation to this property granted by the mortgagor to third parties without the consent of the mortgagee after the conclusion of the mortgage agreement are terminated from the moment of entry into the legal force of a court decision to foreclose on the property, and if the mortgagee’s claims are satisfied without going to court (out of court), from the moment the person who wins the auction concludes a purchase and sale agreement with the auction organizer, provided that the pledged property is sold at auction , or from the moment of state registration of the mortgagee’s property rights in terms of the mortgage, provided that the mortgaged property is acquired into the ownership of the mortgagee.

3. The pledged property may be provided by the mortgagor for the use of third parties for a period exceeding the term of the obligation secured by the mortgage, or for purposes that do not correspond to the purpose of the property, only with the consent of the pledgee. In the case of the issuance of a mortgage, granting, under these conditions, to third parties the right to use the mortgaged property is permitted if the mortgagor’s right to this is provided for in the mortgage.

4. The provision by the mortgagor of the pledged property for the use of another person does not relieve the mortgagor from fulfilling obligations under the mortgage agreement, unless otherwise provided by this agreement.

5. Encumbrance of property pledged under a mortgage agreement with other pledges is regulated by the rules of Chapter VII of this Federal Law.

Article 41. Consequences of forced seizure by the state of the pledged property

1. If the mortgagor’s ownership of the property that is the subject of the mortgage is terminated on the grounds and in the manner established by federal law, as a result of the seizure (redemption) of property for state or municipal needs, its requisition or nationalization, and the mortgagor is provided with other property or appropriate compensation, the mortgage extends to the property provided in exchange, or the mortgagee acquires the right of priority to satisfy his claims from the amount of compensation due to the mortgagor.

The mortgagee, whose interests cannot be fully protected by the rights provided for in part one of this paragraph, has the right to demand early fulfillment of the obligation secured by the mortgage and foreclosure on the property provided to the mortgagor in exchange for the seized property.

2. In cases where the property that is the subject of a mortgage is seized from the mortgagor by the state in the form of a sanction for committing a crime or other offense (confiscation), the mortgage remains in force and the rules of Article 38 of this Federal Law are applied. However, the mortgagee, whose interests cannot be fully protected by the application of these rules, has the right to demand early fulfillment of the obligation secured by the mortgage and foreclosure on the confiscated property.

Article 42. Consequences of vindication of pledged property

In cases where the property that is the subject of a mortgage is seized from the mortgagor in the manner prescribed by federal law on the basis that in reality the owner of this property is another person (vindication), the mortgage in respect of this property is terminated. After the relevant court decision has entered into legal force, the mortgagee has the right to demand early fulfillment of the obligation that was secured by the mortgage.

Chapter VII. Subsequent mortgage

Article 43. The concept of subsequent mortgage and the conditions under which it is allowed

1. Property pledged under a mortgage agreement to secure the performance of one obligation (preceding mortgage) may be pledged to secure the performance of another obligation of the same or another debtor to the same or another mortgagee (subsequent mortgage).

The priority of mortgagees is established on the basis of data from the Unified State Register of Rights to Real Estate and Transactions with It on the moment the mortgage arises, determined in accordance with the rules of paragraphs 5 and 6 of Article 20 of this Federal Law.

2. A subsequent mortgage is allowed if it is not prohibited by previous mortgage agreements on the same property, the validity of which has not terminated by the time the subsequent mortgage agreement is concluded.

If a previous mortgage agreement provides for the conditions under which a subsequent mortgage agreement may be concluded, the latter must be concluded in compliance with these conditions.

3. A subsequent mortgage agreement, concluded despite the prohibition established by the previous mortgage agreement, may be declared invalid by the court at the claim of the mortgagee under the previous agreement, regardless of whether the mortgagee under the subsequent agreement knew about such a prohibition.

If a subsequent mortgage is not prohibited, but the subsequent agreement is concluded in violation of the conditions provided for by the previous agreement, the claims of the mortgagee under the subsequent agreement are satisfied to the extent that their satisfaction is possible in accordance with the terms of the previous mortgage agreement.

4. The rules of paragraphs 2 and 3 of this article do not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

5. The conclusion of a subsequent mortgage agreement, which provides for the preparation and issuance of a mortgage note, is not permitted.

Article 44. Warning to mortgagees about previous and subsequent mortgages. Modification of a previous mortgage agreement

1. The mortgagor is obliged to inform each subsequent mortgagee, before concluding an agreement on a subsequent mortgage with him, information about all existing mortgages of this property, provided for in paragraph 1 of Article 9 of this Federal Law.

Failure by the mortgagor to fulfill this obligation gives the mortgagee under the subsequent agreement the right to demand termination of the agreement and compensation for losses caused, unless it is proven that he could obtain the necessary information about previous mortgages on the basis of Article 26 of this Federal Law from data on their state registration.

2. The mortgagor who has entered into a subsequent mortgage agreement must immediately notify the mortgagees of the previous mortgages and, at their request, provide them with information about the subsequent mortgage provided for in paragraph 1 of Article 9 of this Federal Law.

3. After concluding a subsequent mortgage agreement, a change in the previous agreement, entailing the provision of new claims of the previous mortgagee or an increase in the volume of claims already secured under this agreement (Article 3), is allowed only with the consent of the mortgagee under the subsequent agreement, unless otherwise provided for by the previous agreement on mortgage mortgage

4. The rules of this article do not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

Article 45. State registration of subsequent mortgages

State registration of a subsequent mortgage is carried out in compliance with the rules of Chapter IV of this Federal Law.

In the subsequent mortgage agreement, notes are made about all registration records of previous mortgages on the same property.

A notation of a subsequent mortgage is entered in the registration records of all previous mortgages on the same property.

Article 46. Satisfaction of claims of mortgagees under previous and subsequent mortgages

1. The claims of the mortgagee under the subsequent mortgage agreement are satisfied from the value of the pledged property, subject to the requirements that the mortgagee under the previous mortgage agreement has the right of priority to satisfy its claims.

2. In the event of foreclosure on the mortgaged property on claims secured by a subsequent mortgage, early fulfillment of the obligation secured by the mortgage may be simultaneously demanded and foreclosure may be applied to this property also on claims secured by a previous mortgage, the deadline for submission of which for collection has not yet arrived. If the mortgagee under the previous mortgage agreement does not exercise this right, the property that is foreclosed on claims secured by the subsequent mortgage passes to its acquirer encumbered by the previous mortgage.

3. In the event of foreclosure on the mortgaged property on claims secured by a previous mortgage, simultaneous foreclosure on this property and on claims secured by a subsequent mortgage, the deadline for filing which has not yet arrived, is allowed. Claims secured by a subsequent mortgage are not subject to early satisfaction if, to satisfy the claims secured by a previous mortgage, it is sufficient to foreclose on part of the mortgaged property.

4. Before foreclosure of property, the pledge of which secures claims under previous and subsequent mortgages, the mortgagee, who intends to present his claims for foreclosure, is obliged to notify in writing the mortgagee under another mortgage agreement on the same property.

5. The rules contained in this article do not apply if the mortgagee of the previous and subsequent mortgages is the same person. In this case, the claims secured by each of the mortgages are satisfied in the order of priority corresponding to the deadlines for fulfilling the relevant obligations, unless otherwise provided by federal law or agreement of the parties.

Chapter VIII. Assignment of rights under a mortgage agreement. Transfer and pledge of mortgage

Article 47. Assignment of rights under a mortgage agreement or an obligation secured by a mortgage

1. The pledgee has the right, unless otherwise provided by the agreement, to transfer his rights to another person:

under a mortgage agreement;

on an obligation secured by a mortgage (principal obligation).

2. The person to whom the rights under the mortgage agreement are transferred takes the place of the previous mortgagee under this agreement.

Unless proven otherwise, the assignment of rights under a mortgage agreement also means an assignment of rights under the obligation secured by the mortgage (the main obligation).

3. Unless otherwise provided by the agreement, the rights ensuring the fulfillment of the obligation are transferred to the person to whom the rights under the obligation (the main obligation) are transferred.

Such a person takes the place of the previous mortgagee under the mortgage agreement.

The assignment of rights under an obligation secured by a mortgage (the main obligation) in accordance with paragraph 1 of Article 389 of the Civil Code of the Russian Federation must be made in the form in which the obligation secured by the mortgage (the main obligation) was concluded.

4. The provisions of Articles 382, ​​384 - 386, 388 and 390 of the Civil Code of the Russian Federation on the transfer of the creditor's rights by assigning a claim are applied to the relationship between the person to whom the rights are being assigned and the pledgee.

5. Assignment of rights under a mortgage agreement or an obligation secured by a mortgage, the rights of which are certified by a mortgage, is not permitted. When such a transaction is completed, it is considered void.

Article 48. Transfer of rights to a mortgage

1. When transferring rights to a mortgage, a transaction is made in simple written form.

When transferring rights to a mortgage, the person transferring the right makes a note on the mortgage about the new owner, unless otherwise established by this Federal Law.

The note must accurately and completely indicate the name of the person to whom the rights to the mortgage are transferred.

The notation must be signed by the mortgagee named on the mortgage or, if this notation is not the first, by the mortgage holder named on the previous notation. If the mark is made by a person acting under a power of attorney, information about the date of issue, the number of the power of attorney and, if the power of attorney is notarized, the notary who certified the power of attorney is indicated.

If depository accounting of a mortgage is carried out, the transfer of rights is carried out by making an appropriate entry in the depository account. The rights to the mortgage are transferred to the acquirer from the moment a credit entry is made in the acquirer's securities account, which is sufficient evidence that the acquirer has rights to the mortgage. In this case, no mark is made on the mortgage about its new owner.

2. The transfer of rights to a mortgage to another person means the transfer thereby to that person of all the rights certified by it in the aggregate.

The owner of a mortgage shall own all the rights certified by it, including the rights of the mortgagee and the rights of the creditor under the obligation secured by the mortgage, regardless of the rights of the original mortgagee and previous owners of the mortgage.

Unless otherwise specified in the transaction specified in paragraph 1 of this article, when transferring rights to a mortgage with partial fulfillment of the obligation secured by the mortgage (principal obligation), the obligations that should have been fulfilled before the transfer of rights to the mortgage are considered fulfilled.

3. The owner of a mortgage is considered legal if his rights to the mortgage are based on the last mark on the mortgage made by the previous owner, unless otherwise established by this paragraph. He is not considered the legal owner of the mortgage if it is proven that the mortgage was taken out of the possession of one of the persons who made the endorsement, against their will, as a result of theft or other criminal means, which the new owner of the mortgage, when acquiring it, knew or should have known .

If depository accounting of a mortgage is carried out, the owner of the mortgage is considered legal if his rights to the mortgage are certified by an entry in the depository account. In the event of termination of depositary accounting of the mortgage, the depository makes a note on the mortgage about the owner of the mortgage, who is such according to the entry in the securities account at the time the depositary receives the instruction of the owner of the mortgage regarding the termination of accounting of the mortgage in this depository.

4. Inscriptions on the mortgage that prohibit its subsequent transfer to other persons are void.

5. If a third party, in accordance with paragraph 2 of Article 313 of the Civil Code of the Russian Federation, has fulfilled the obligation secured by the mortgage in full for the debtor, he has the right to demand the transfer of the mortgage to him. If the mortgagee refuses to transfer the mortgage, a third party may demand that the mortgage be transferred to him in court.

Article 49. Pledge of mortgage

1. A mortgage may be pledged under an agreement on the pledge of a mortgage without transfer or with its transfer to another person (mortgage holder) to secure an obligation under a loan agreement or other obligation that has arisen between this person and the mortgagee originally named in the mortgage, or its other legal owner (mortgage holder).

2. When pledging a mortgage without transferring it to the mortgage holder, the procedure for foreclosure on the mortgaged mortgage is regulated by Article 349 of the Civil Code of the Russian Federation.

3. When concluding an agreement on pledging a mortgage with its transfer to the mortgage holder, the parties have the right to provide for:

1) foreclosure on the mortgaged property in the manner established by Article 349 of the Civil Code of the Russian Federation;

2) transfer of rights under the mortgage in the manner, on the terms and with the consequences provided for in Article 48 of this Federal Law;

3) the execution by the mortgage holder of a special collateral inscription on the mortgage, giving the mortgagor the right, after a certain period, to sell the mortgage in order to withhold from the proceeds the amount of the obligation secured by its collateral.

4. The mortgage holder may make a special collateral endorsement on the mortgage, giving the mortgagee the right, after a certain period, to sell the mortgage in order to withhold from the proceeds the amount of the obligation secured by its collateral.

If depository accounting of a mortgage is carried out, a special pledge endorsement is reflected by the depositary in the form of a special entry in the securities account based on the instructions of the owner of the mortgage.

When the obligation secured by a mortgage is fulfilled in full, a special pledge endorsement is extinguished by the mortgagee making a note about the repayment of such an inscription or, if depository accounting of the mortgage is carried out, by making a corresponding entry on the repayment in the custody account by the depositary, on the basis of instructions from the mortgagee.

Chapter IX. Foreclosure of property pledged under a mortgage agreement

Article 50. Grounds for foreclosure on mortgaged property

1. The mortgagee has the right to foreclose on the property pledged under a mortgage agreement in order to satisfy at the expense of this property the requirements named in Articles 3 and 4 of this Federal Law caused by non-fulfillment or improper fulfillment of the obligation secured by the mortgage, in particular, non-payment or untimely payment of the debt in full or in part, unless otherwise provided by the contract.

If there is a discrepancy between the terms of the mortgage agreement and the terms of the obligation secured by the mortgage with respect to claims that can be satisfied by foreclosure on the mortgaged property, preference is given to the terms of the mortgage agreement.

2. The clause was declared invalid in accordance with Federal Law of December 30, 2008 No. 306-FZ.

3. For claims caused by non-fulfillment or improper fulfillment of an obligation secured by a mortgage, foreclosure on the mortgaged property cannot be made if, in accordance with the terms of this obligation and the federal laws and other legal acts of the Russian Federation applicable to it (clauses 3 and 4 of Article 3 of the Civil Code of the Russian Federation) the debtor is released from liability for such non-performance or improper performance.

4. In the cases provided for by this article, articles 12, 35, 39, 41, 46 and 72 of this Federal Law or other federal law, the mortgagee has the right to demand early fulfillment of the obligation secured by the mortgage, and if this requirement is not met, foreclosure on the pledged property regardless from proper or improper performance of the obligation secured by the mortgage.

5. Features of foreclosure on property that is mortgaged by force of law in accordance with Federal Law of December 30, 2004 No. 214-FZ “On participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation " (hereinafter referred to as the Federal Law "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation"), are determined by the said Federal Law.

Article 51. Judicial procedure for foreclosure on pledged property

Foreclosure on the claims of the mortgagee is applied to the property pledged under the mortgage agreement by a court decision, with the exception of cases where, in accordance with Article 55 of this Federal Law, it is allowed to satisfy such claims without going to court.

Article 52. Jurisdiction and jurisdiction of cases of foreclosure on mortgaged property

A claim for foreclosure of property pledged under a mortgage agreement is brought in accordance with the rules of jurisdiction and subordination of cases established by the procedural legislation of the Russian Federation.

Article 53. Measures to protect the interests of other mortgagees, absent mortgagor and other persons

1. When foreclosure on property pledged under two or more mortgage agreements, the mortgagee must submit to the court in which the corresponding claim is filed, evidence of fulfillment of the obligation provided for in paragraph 4 of Article 46 of this Federal Law.

2. If from the materials of the case on foreclosure of the mortgaged property it is clear that the mortgage was or should have been carried out with the consent of another person or body, the court to which the claim for foreclosure is filed notifies the relevant person or body about this and gives him the opportunity participate in this matter.

3. Persons who have the right to use the pledged property based on law or contract (tenants, tenants, family members of the owner of the residential premises and other persons) or a real right to this property (easement, right of lifelong use and other rights) have the right to participate in the consideration of the case on foreclosure on mortgaged property.

Article 54. Issues resolved by the court when considering a case of foreclosure on mortgaged property

1. Foreclosure of property pledged under a mortgage agreement may be refused in the cases provided for in Article 54.1 of this Federal Law.

2. When making a decision to foreclose on property pledged under a mortgage agreement, the court must determine and indicate in it:

1) amounts payable to the pledgee from the value of the pledged property, with the exception of the amounts of expenses for the protection and sale of property, which are determined upon completion of its sale. For amounts calculated as a percentage, the amount on which interest is accrued, the amount of interest and the period for which they are subject to accrual must be indicated;

2) the property that is the subject of the mortgage, from the value of which the mortgagee’s claims are satisfied;

3) the method of selling the property that is being foreclosed on;

4) the initial sale price of the pledged property upon its sale. The initial sale price of property at public auction is determined on the basis of an agreement between the pledgor and the pledgee, and in case of a dispute, by the court itself;

5) measures to ensure the safety of property before its sale, if necessary;

6) special conditions for holding public auctions established by paragraph 3 of Article 62.1 of this Federal Law, if the subject of the mortgage is the land plots specified in paragraph 1 of Article 62.1 of this Federal Law.

3. At the request of the mortgagor, if there are good reasons, the court has the right, in a decision to foreclose on the pledged property, to delay its sale for up to one year in cases where:

the mortgagor is a citizen, regardless of what property is pledged by him under the mortgage agreement, provided that the pledge is not related to the implementation of business activities by this citizen;

The subject of the mortgage is a land plot of agricultural land.

When determining the period for which a deferment in the sale of the pledged property is granted, the court takes into account, among other things, the fact that the amount of the pledgee's claims to be satisfied from the value of the pledged property at the time of expiration of the deferment should not exceed the value of the pledged property according to the assessment specified in the report of an independent appraiser or decision court at the time of sale of such property.

The postponement of the sale of the pledged property does not affect the rights and obligations of the parties under the obligation secured by the mortgage of this property, and does not relieve the debtor from compensation for the creditor's losses that have increased during the postponement, interest and penalties due to the creditor.

If the debtor, within the time granted to him by the deferment, satisfies the creditor's claims secured by the mortgage in the amount that they have at the time of satisfaction of the claim, the court, at the request of the mortgagor, cancels the decision to foreclose.

4. Delay in the sale of pledged property is not allowed if:

it may lead to a significant deterioration in the financial position of the mortgagee;

a case has been initiated against the pledgor or pledgee to declare him insolvent (bankrupt).

Article 54.1. Grounds for refusal to foreclose on mortgaged property

1. Foreclosing on pledged property in court is not permitted if the debtor’s violation of the obligation secured by the pledge is extremely insignificant and the amount of the pledgee’s claims is clearly disproportionate to the value of the pledged property.

Unless proven otherwise, it is assumed that the violation of the obligation secured by the pledge is extremely insignificant and the amount of the pledgee's claims is clearly disproportionate to the value of the pledged property, provided that the following conditions are simultaneously met:

the amount of the unfulfilled obligation is less than five percent of the valuation of the subject of the mortgage under the mortgage agreement;

the period of delay in fulfilling the obligation secured by the pledge is less than three months.

Unless otherwise provided by the mortgage agreement, foreclosure on property pledged to secure an obligation fulfilled by periodic payments is permitted in case of systematic violation of the terms for making payments, that is, if the terms for making payments are violated more than three times within 12 months, even provided that Each delay is insignificant.

2. Refusal to foreclose on the grounds specified in paragraph 1 of this article is not a basis for termination of the mortgage and an obstacle to a new application to the court with a claim to foreclose on the mortgaged property, if such an application eliminates the circumstances that served as the basis for the refusal. in foreclosure.

3. Foreclosing on pledged property without going to court (out of court) is not permitted if the following conditions are simultaneously present:

the amount of the unfulfilled obligation secured by the mortgage is less than five percent of the valuation of the subject of the mortgage under the mortgage agreement;

the period of delay in fulfilling the obligation secured by the pledge is less than three months.

In this case, the mortgage does not terminate and foreclosure on the collateral can be applied out of court after a change in the specified circumstances.

4. Extrajudicial foreclosure of residential premises owned by individuals is not permitted.

Article 55. Extrajudicial foreclosure of pledged property

1. Satisfaction of the mortgagee's claims at the expense of the property pledged under the mortgage agreement without going to court (out of court) is permitted on the basis of an agreement between the mortgagee and the mortgagor, which may be included in the mortgage agreement or concluded in the form of a separate agreement. The agreement is concluded subject to the presence of a notarized consent of the mortgagor for an out-of-court procedure for foreclosure on the pledged property. Such consent may be given before concluding a mortgage agreement.

An agreement to satisfy the claims of the mortgagee under a subsequent mortgage agreement is valid if it is concluded with the participation of mortgagees under previous mortgage agreements.

2. Satisfying the claims of the mortgagee in the manner provided for in paragraph 1 of this article is not allowed if:

1) for the mortgage of the property of an individual, the consent or permission of another person or body was required;

2) the subject of the mortgage is an enterprise as a property complex;

2.1) the subject of the mortgage is a land plot of agricultural land;

2.2) the subject of the mortgage is the land plots specified in paragraph 1 of Article 62.1 of this Federal Law;

3) the subject of the mortgage is property that has significant historical, artistic or other cultural value for society;

4) the subject of the mortgage is property that is in common ownership, and any of its owners does not give consent in writing or in another form established by federal law to satisfy the mortgagee’s claims out of court.

In these cases, foreclosure on the pledged property is made by court decision.

5) the subject of the mortgage is residential premises owned by individuals;

6) the subject of the mortgage is property that is in state or municipal ownership.

3. In an agreement to satisfy the claims of the pledgee, concluded in accordance with paragraph 1 of this article, the parties may provide for:

1) sale of the pledged property in the manner established in Article 56 of this Federal Law;

2) acquisition of mortgaged property by the mortgagee for himself or third parties with an offset against the purchase price of the mortgagee’s claims against the debtor, secured by the mortgage. The said agreement cannot provide for the acquisition of the mortgaged property by the mortgagee if the subject of the mortgage is a land plot.

The rules of the civil legislation of the Russian Federation on the purchase and sale agreement are applied to the agreement on the acquisition of pledged property by the pledgee, and in the case of the acquisition of property by the pledgee for third parties - also on the commission agreement.

3.1. When foreclosure is applied to property pledged in accordance with subparagraph 2 of paragraph 3 of this article, it is acquired by the mortgagee for himself or third parties with an offset against the purchase price of the mortgagee’s claims against the debtor, secured by the mortgage, at a price equal to the market value of such property, determined in the procedure established by the legislation of the Russian Federation on valuation activities. The results of the assessment of the pledged property may be appealed by interested parties in the manner established by the legislation of the Russian Federation.

4. When concluding an agreement to satisfy the claims of the pledgee in accordance with paragraph 1 of this article, the parties must indicate in it:

1) the name of the property pledged under the mortgage agreement, at the expense of which the mortgagee’s claims are satisfied, the initial sale price or the procedure for determining it;

2) amounts payable to the mortgagee by the debtor on the basis of the obligation secured by the mortgage and the mortgage agreement, and if the mortgagor is a third party, also by the mortgagor;

3) the method of selling the pledged property or the condition for its acquisition by the pledgee;

4) previous and subsequent mortgages of this property known to the parties at the time of concluding the agreement and the real rights and rights of use that third parties have in relation to this property.

5. An agreement to satisfy the claims of the mortgagee out of court, concluded on the basis of paragraph 1 of this article, may be declared invalid by the court upon the claim of a person whose rights are violated by this agreement.

6. If the mortgagor fails to fulfill the agreement to foreclose on the pledged property out of court, foreclosure on the pledged property out of court is permitted, unless otherwise provided by federal law, on the basis of a notary’s writ of execution in the manner established by the legislation on enforcement proceedings.

Article 55.1. Sale of pledged property

Settlement agreement on an obligation secured by a mortgage in the event of foreclosure on the subject of the mortgage

1. The conclusion of a settlement agreement in the manner established by procedural legislation on an obligation secured by a mortgage does not entail termination of the mortgage, unless otherwise provided by the settlement agreement. From the moment the court approves the settlement agreement, the mortgage secures the debtor’s obligation as modified by the approved settlement agreement.

2. Changes and additions to the mortgage registration record in connection with the court’s approval of the settlement agreement are made in the manner established by paragraph 3 of Article 23 of this Federal Law.

Chapter X. Sale of pledged property subject to foreclosure

Article 56. Sale of pledged property

1. Property pledged under a mortgage agreement, which has been foreclosed upon by a court decision in accordance with this Federal Law, shall be sold through public auction, except for the cases provided for by this Federal Law.

The procedure for holding public auctions for the sale of property pledged under a mortgage agreement is determined by the procedural legislation of the Russian Federation, since this Federal Law does not establish other rules.

2. When making a decision to foreclose on the pledged property, the court may, with the consent of the pledgor and the pledgee, establish in the decision that the property is subject to sale in the manner prescribed by Article 59 of this Federal Law. The same method of selling the pledged property may be provided for by the pledgor and the pledgee in an agreement to satisfy the pledgee’s claims out of court, concluded in accordance with paragraph 1 of Article 55 of this Federal Law.

The sale of pledged property in the manner provided for in Article 59 of this Federal Law is not permitted in cases where foreclosure on this property in accordance with paragraph 2 of Article 55 of this Federal Law cannot be applied out of court.

The procedure for selling property pledged under a mortgage agreement at an auction is determined by the rules of Articles 447 - 449 of the Civil Code of the Russian Federation and this Federal Law, and in what is not provided for by them, it is determined by an agreement to satisfy the claims of the mortgagee out of court.

3. In cases of foreclosure on the pledged right to lease real estate, it is implemented in accordance with the rules of this Federal Law with the subsequent registration of the assignment of this right.

4. When making a decision to foreclose on a land plot that is the subject of a mortgage in accordance with paragraph 1 of Article 62.1 of this Federal Law, the court, with the consent of the mortgagor and mortgagee, may establish that such land plot is subject to sale at auction in the manner prescribed by paragraph 4 of the article 62.1 of this Federal Law.

Article 57. Procedure for holding public auctions during enforcement proceedings

1. Public auctions for the sale of pledged property are organized and conducted by bodies that, in accordance with the procedural legislation of the Russian Federation, are entrusted with the execution of court decisions, unless otherwise established by federal law.

2. Public auctions for the sale of pledged property are held at the location of this property.

3. The organizer of a public auction shall notify about upcoming public auctions no later than 10 days, but no earlier than 30 days before they are held in a periodical that is the official information body of the executive body of the constituent entity of the Russian Federation at the location of the real estate, as well as sends relevant information for posting on the Internet in the manner established by the Government of the Russian Federation. The notice shall indicate the date, time and place of the public auction, the nature of the property being sold and its initial sale price.

4. Persons wishing to take part in public auctions make a deposit in the amount, terms and manner that must be indicated in the notice of public auctions. The amount of the deposit cannot exceed 5 percent of the initial sale price of the pledged property.

To persons who participated in the public auction, but did not win it, the deposit is returned immediately after the end of the public auction. The deposit is also refundable if the public auction does not take place.

5. The presence at public auctions for the sale of pledged property of persons not participating in them may be limited only by local government bodies in the interests of maintaining public order. In any case, persons who have the right to use the property being sold or have real rights to this property, as well as mortgagees on subsequent mortgages, have the right to attend public auctions.

6. The winner of a public auction is the person who offered the highest price for the property being sold at the public auction. This person and the organizer of the public auction sign on the day of the auction a protocol on the results of the public auction. Evasion of any of them from signing the protocol entails the consequences provided for in paragraph 5 of Article 448 of the Civil Code of the Russian Federation.

7. The person who wins the public auction must, within five days after its end, deposit the amount for which he purchased the pledged property (purchase price), minus the previously paid deposit, to the account specified by the organizer of the public auction. If this amount is not paid, the deposit will not be returned.

8. Within five days from the date of payment of the purchase price by the person who won the public auction, the organizer of the public auction concludes a purchase and sale agreement with him. This agreement and the protocol on the results of the public auction are the basis for making the necessary entries in the Unified State Register of Rights to Real Estate and Transactions with It.

Article 58. Declaring public auctions void

1. The organizer of public auctions declares them invalid in cases where:

1) less than two buyers attended the public auction;

2) at the public auction no premium was made against the initial sale price of the pledged property;

3) the person who won the public auction did not pay the purchase price within the prescribed period.

Public auctions must be declared void no later than the next day after any of the specified circumstances occur.

2. Within 10 days after the public auction is declared invalid, the mortgagee has the right, by agreement with the mortgagor, to purchase the pledged property at its initial sale price at a public auction and set off against the purchase price its claims secured by the mortgage of this property.

The rules of the civil legislation of the Russian Federation on the purchase and sale agreement apply to such an agreement. In this case, the mortgage is terminated.

3. If the agreement on the acquisition of property by the pledgee, provided for in paragraph 2 of this article, has not taken place, no later than a month after the first public auction, repeated public auctions are held. The initial sale price of the pledged property at repeated public auctions, if caused by the reasons specified in subparagraphs 1 and 2 of paragraph 1 of this article, is reduced by 15 percent. Public auctions are held in the manner prescribed by Article 57 of this Federal Law.

4. If the repeated public auction is declared invalid for the reasons specified in paragraph 1 of this article, the pledgee has the right to purchase (retain) the pledged property at a price no more than 25 percent lower than its initial sale price at the first public auction, with the exception of land plots specified in paragraph 1 of Article 62.1 of this Federal Law, and offset against the purchase price their claims secured by the mortgage of the property.

If the mortgagee has retained pledged property, which by its nature and purpose cannot belong to him, including property that has significant historical, artistic or other cultural value for society, a land plot, he is obliged to alienate this property within a year in accordance with with Article 238 of the Civil Code of the Russian Federation.

5. If the mortgagee does not exercise the right to retain the subject of the mortgage within a month after the repeated public auction is declared invalid, the mortgage is terminated.

The mortgagee is considered to have exercised this right if, within a month from the day the repeated public auction is declared invalid, he sends to the organizer of the auction or, if the foreclosure was carried out in court, to the organizer of the auction and the bailiff an application (in writing) to retain the subject of the mortgage for himself. The protocol on recognizing the repeated public auction as invalid, the pledgee’s application to retain the subject of the mortgage and a document confirming the sending of the application to the auction organizer are sufficient grounds for registering the mortgagee’s ownership of the mortgaged subject.

6. Special conditions for holding public auctions for the sale of land plots that are the subject of a mortgage in accordance with paragraph 1 of Article 62.1 of this Federal Law are established by paragraph 3 of Article 62.1 of this Federal Law.

Article 59. Sale of pledged property by agreement of the parties

1. The sale of the subject of mortgage by agreement of the parties in an extrajudicial procedure for foreclosure on the mortgaged property is carried out by holding an open auction by the auction organizer, who acts on the basis of an agreement with the mortgagee and acts on his or his own behalf.

The amount of remuneration for the auction organizer is withheld from the amount received from the sale of the mortgaged item. If the remuneration of the auction organizer exceeds three percent of the amount received from the sale of the subject of mortgage, the difference between the remuneration provided for in the agreement with the auction organizer and three percent of the amount received from the sale of the subject of mortgage is not subject to reimbursement from the value of the subject of mortgage and is paid at the expense of mortgagee.

2. The sale of pledged property at a closed auction is permitted only in cases provided for by federal law.

3. Before the auction, the auction organizer or mortgagee sends the mortgagor a notice of the need to fulfill the obligation secured by the mortgage. The notice is sent to the mortgagor by registered mail to the address specified in the mortgage agreement, or to another known place of residence or location of the mortgagor. A notice of the need to fulfill an obligation secured by a mortgage must contain the following information:

1) the amount of the unfulfilled obligation as of the date of sending the notification;

2) an offer to fulfill the obligation secured by the mortgage;

3) a warning that if the obligation is not fulfilled within the period specified in the notice, the pledgee has the right to foreclose on the pledged property.

4. If the requirements contained in the notice of auction are not satisfied, within 10 days from the date of receipt of the notice by the pledgor or, if this period expires earlier, 45 days from the date the pledgee or the auction organizer sent such a notice to the pledgor, the auction organizer sends to the pledgor, pledgee a notice of bidding and publishes a notice of bidding.

5. The notice of bidding must contain the following information:

1) name, place of residence or title, location of the pledgor;

2) name, place of residence or title, location of the pledgee;

3) the name of the obligation secured by the mortgage. In cases where this obligation is based on an agreement, the parties to this agreement, the date and place of its conclusion must be indicated;

4) name, description and characteristics of the real estate that is the subject of the mortgage;

5) time and place of the auction;

6) name, location, telephone number of the auction organizer.

1) name, location, description and characteristics of the real estate that is the subject of the mortgage;

2) the amount, deadline and procedure for making a deposit by persons participating in the auction. The amount of the deposit cannot exceed five percent of the initial sale price of the pledged property;

3) the procedure and terms for payment of the purchase price based on the results of the auction;

4) time and place of the auction;

5) name, location, contact number of the auction organizer and his payment details.

7. The notice of the auction must be published in a periodical that is the official information body of the executive body of the constituent entity of the Russian Federation at the location of the real estate.

8. From the date of the first publication of the notice of the auction, the mortgagor does not have the right to make transactions in relation to the subject of the mortgage (except for transactions with the mortgagee aimed at terminating the obligation secured by the mortgage), and if such transactions have been made, they can be recognized at the request of an interested person invalid.

9. From the date of the first publication of the notice of the tender to the date of its holding, at least ten days must pass.

10. If, when selling mortgaged real estate without going to court (out of court), this Federal Law provides for the mandatory involvement of an appraiser, the initial sale price of the mortgaged property is set equal to eighty percent of the value of the real estate determined in the appraiser’s report, unless otherwise specified agreement of the parties to foreclose on the mortgaged real estate out of court. Unless otherwise established by federal law, the involvement of an appraiser to determine the initial sale price of the mortgaged real estate is mandatory when foreclosure on:

1) the right to lease real estate;

2) the rights of claim of a participant in shared construction arising from an agreement for participation in shared construction that meets the requirements of the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”;

3) real estate, the value of which under the mortgage agreement is more than five hundred thousand rubles.

11. The mortgagor, upon request in writing of the mortgagee, no later than three working days after the presentation of such a demand, is obliged to transfer to the mortgagee the documents necessary for conducting the auction and transferring the subject of the mortgage into the ownership of the person who won the auction.

If, before the sale of the subject of the mortgage, the debtor, mortgagor or third party has fully satisfied all the mortgagee's claims secured by the mortgage in the amount available at the time of payment of the relevant amounts, the mortgagee, no later than the working day following the day the funds are received into his account, is obliged to return to the pledgor all documents previously transferred to him by the pledgor.

12. The provisions established by paragraphs 2, 4 - 8 of Article 57 of this Federal Law also apply to the sale of property by agreement of the parties.

13. The grounds, procedure and consequences of declaring a tender invalid are regulated by Article 58 of this Federal Law.

14. In order to sell the pledged property in the manner prescribed by this article, the pledgee has the right to enter into on his own behalf all transactions necessary for this and corresponding to his legal capacity (including agreements with the auction organizer and appraiser), as well as sign everything necessary for the sale of the pledged property documents, including acceptance certificates.

Article 60. Termination of foreclosure on pledged property and its sale

1. The debtor under an obligation secured by a mortgage and the mortgagor, who is a third party, have the right to stop foreclosure on the mortgaged property by satisfying all the claims of the mortgagee secured by the mortgage, to the extent that these claims exist at the time of payment of the relevant amounts. This right can be exercised at any time before the sale of the pledged property at a public auction, auction or competition or the acquisition of the right to this property in the prescribed manner by the pledgee.

2. A person demanding termination of foreclosure on the pledged property or its sale is obliged to reimburse the mortgagee for expenses incurred in connection with the foreclosure of this property and its sale.

Article 61. Distribution of the amount proceeds from the sale of pledged property

The amount of proceeds from the sale of property pledged under a mortgage agreement, after deducting from it the amounts necessary to cover expenses in connection with the foreclosure of this property and its sale, is distributed among the mortgagees who have submitted their claims for collection, other creditors of the mortgagor and the mortgagor himself. . The distribution is carried out by the body carrying out the execution of court decisions, and if foreclosure on the pledged property was made out of court, by the auction organizer in compliance with the rules of Article 319, paragraph 1 of Article 334 and paragraphs 3 and 4 of Article 350 of the Civil Code of the Russian Federation, as well as Article 46 of this Federal Law.

If the subject of the mortgage being foreclosed on is state or municipal property, the amounts to be transferred to the mortgagor in the order and priority determined by this article are credited to the appropriate budget.

Chapter XI. Features of land mortgages

Article 62. Land plots that may be the subject of a mortgage

1. Land plots may be mortgaged under a mortgage agreement to the extent that the corresponding lands on the basis of federal law are not excluded from circulation or are not limited in circulation.

1.1. If a land plot is transferred under a lease agreement to a citizen or legal entity, the tenant of the land plot has the right to pledge the lease rights of the land plot within the term of the land plot lease agreement with the consent of the owner of the land plot.

The pledge of lease rights to a land plot located in state or municipal ownership by the tenant of such a land plot is permitted within the term of the lease agreement with the consent of the owner of the land plot. When leasing a land plot in state or municipal ownership for a period of more than five years, pledging the right to lease is allowed without the consent of the owner of the land plot, subject to his notification.

2. In case of common shared or joint ownership of land plots specified in paragraph 1 of this article, a mortgage can only be established on a land plot owned by a citizen or legal entity, allocated in kind from lands that are in common shared or joint ownership.

Article 62.1. Mortgage of land plots in municipal ownership and land plots for which state ownership is not demarcated

1. The subject of collateral under a mortgage agreement may be land plots that are in municipal ownership and land plots for which state ownership is not demarcated, if such land plots are intended for housing construction or for integrated development for the purposes of housing construction and are transferred to ensure return a loan provided by a credit institution for the development of these land plots through the construction of engineering infrastructure facilities.

2. Decisions on the mortgage of land plots that are in municipal ownership and specified in paragraph 1 of this article are made by local government bodies.

Decisions on the mortgage of land plots, state ownership of which is not delimited and which are specified in paragraph 1 of this article, are made by state authorities of the constituent entities of the Russian Federation or local government bodies vested with the authority to dispose of these land plots in accordance with the legislation of the Russian Federation.

3. The organization and conduct of public auctions for the sale of land plots specified in paragraph 1 of this article are carried out in accordance with Articles 57 and 58 of this Federal Law, taking into account the special conditions specified in the court decision on foreclosure of a land plot pledged under a mortgage agreement conditions on the maximum number of repeated public auctions and the amount of reduction in their initial selling price.

After all public auctions for the sale of the land plot specified in paragraph 1 of this article are declared invalid, the mortgage of such land plot is terminated.

4. If the land plot specified in paragraph 1 of this article is subject to sale on the basis of paragraph 4 of Article 56 of this Federal Law, such land plot is sold in the manner established by Article 38.1 of the Land Code of the Russian Federation, taking into account the following features:

the initial sale price is established by a court decision to foreclose on a land plot pledged under a mortgage agreement;

the auction organizer is a specialized organization selected by the pledgee with the consent of the pledgor;

the maximum number of repeated auctions and the amount of reduction in the initial sale price for them are determined by the pledgee with the consent of the pledgor, and in case of a dispute - by the auction organizer.

After all auctions are declared void or after the purchase and sale agreement for a land plot specified in paragraph 1 of this article is concluded with a single auction participant, the mortgage of this land plot is terminated.

Article 63. Land plots not subject to mortgage

1. Mortgage of land plots that are in state or municipal ownership in accordance with this Federal Law is not permitted, with the exception of land plots specified in paragraph 1 of Article 62.1 of this Federal Law.

2. It is not permitted to mortgage a part of a land plot, the area of ​​which is less than the minimum size established by regulatory acts of the constituent entities of the Russian Federation and regulatory acts of local government bodies for lands for various purposes and permitted uses.

Article 64. Mortgage of a land plot on which there are buildings or structures belonging to the mortgagor

1. Unless otherwise provided by a mortgage agreement or an agreement giving rise to a mortgage by force of law, when mortgaging a land plot, the right of pledge also extends to the building or structure of the mortgagor located or under construction on the land plot.

The right of the mortgagor to dispose of such a building or structure, the conditions and consequences of the transfer of rights to such a building or structure to other persons are determined by the rules of Chapter VI of this Federal Law.

If there is a condition in the agreement stipulating that the building or structure located or under construction on the land plot and owned by the mortgagor is not mortgaged to the same mortgagee, the mortgagor, when foreclosure on the land plot, retains the right to such building or structure and acquires the right of limited use (easement) of that part of the land plot that is necessary for the use of such buildings or structures in accordance with their purpose. The conditions for using the specified part of the land plot are determined by an agreement between the mortgagor and the mortgagee, and in case of a dispute, by the court.

2. The mortgagor of a land plot has the right, without the consent of the mortgagee, to dispose of buildings and structures belonging to him on this plot, to which, in accordance with paragraph 1 of this article, the right of pledge does not apply.

If such a building or structure is alienated to another person and there is no agreement with the mortgagee otherwise, the rights that this person can acquire to the mortgaged land plot are limited to the conditions provided for in part three of paragraph 1 of this article.

3. Lost power

4. If on the mortgaged land plot from agricultural land there are buildings, structures, structures, including those erected on such a land plot, or other real estate objects firmly connected with the land plot, owned by the same right to the owner of such land plot, the mortgage of such a plot of land is allowed only with a simultaneous mortgage of real estate objects firmly associated with it.

Article 64.1. Mortgage of a land plot acquired using credit funds from a bank or other credit organization or funds from a targeted loan

1. Unless otherwise provided by federal law or an agreement, a land plot acquired using credit funds from a bank or other credit organization or funds from a targeted loan provided by another 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 rights for this plot of land.

If the corresponding land plot is leased, a mortgage arises by force of law on the right to lease, unless otherwise provided by federal law or the lease agreement.

The pledgee of this pledge is a bank or other credit organization or other legal entity that provided a loan or targeted loan for the acquisition of a land plot or the right to lease a land plot.

2. To the pledge of a land plot or the right to lease a land plot arising on the basis of paragraph 1 of this article, the rules on the pledge of real estate arising by virtue of an agreement and the right to lease real estate are respectively applied.

Article 64.2. Mortgage of a land plot on which buildings or structures are located, acquired or constructed using credit funds from a bank or other credit organization or funds from a targeted loan

1. Unless otherwise provided by federal law or an agreement, 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, or the right to lease such a land plot is considered to be pledged from the moment of state registration of ownership of an acquired, constructed or under construction building or structure, or from the moment the body carrying out state registration of rights receives notification of the pledgor and pledgee about the conclusion of a loan agreement (loan agreement with the condition of intended use) with the attachment of the specified agreement.

2. The pledgee of the pledge specified in paragraph 1 of this article is a bank or other credit organization or other legal entity that provided a loan or a targeted loan for the construction or acquisition of a building or structure.

Article 65. Construction by the mortgagor of buildings or structures on the mortgaged land plot

1. On a land plot pledged under a mortgage agreement, the mortgagor has the right, without the consent of the mortgagee, to erect buildings or structures in the prescribed manner, unless otherwise provided by the mortgage agreement. Unless otherwise provided by the mortgage agreement, the mortgage extends to these buildings and structures.

If the construction by the mortgagor of a building or structure on a mortgaged land plot entails or may entail a deterioration of the security provided to the mortgagee by the mortgage of this plot, the mortgagee has the right, in accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, to demand a change in the mortgage agreement, including, if necessary, by extending the mortgage to the erected building or structure.

2. The construction of buildings or structures on a mortgaged land plot, if the rights of the mortgagee are certified by a mortgage, is allowed only if the mortgagor’s right to this is provided for in the mortgage, in compliance with the conditions reflected in it.

Article 66. Mortgage of a land plot on which there are buildings or structures owned by third parties

If a mortgage is established on a land plot on which a building or structure is located that belongs not to the mortgagor, but to another person, when the mortgagee forecloses on this plot and sells it, the rights and obligations that the mortgagor had in relation to this person as the owner of the plot are transferred to the purchaser of the plot. .

Article 67. Valuation of a land plot with its mortgage

1. Valuation of a land plot is carried out in accordance with the legislation regulating valuation activities in the Russian Federation.

2. The collateral value of a land plot pledged under a mortgage agreement is established by agreement between the mortgagor and the mortgagee.

3. The clause was declared invalid in accordance with Federal Law of May 13, 2008 No. 66-FZ.

Article 68. Features of foreclosure on mortgaged land plots and their sale

1. A land plot acquired through sale at a public auction, auction or competition is subject to permitted use requirements.

A person who acquired a land plot when sold at a public auction, auction or competition has the right to change the purpose of the plot only in cases provided for by the land legislation of the Russian Federation, or in the manner prescribed by this legislation.

2. The sale and acquisition at public auctions, auctions or competitions of mortgaged land plots are carried out in compliance with the restrictions established by federal law regarding the circle of persons who can purchase such plots.

3. It is not allowed to foreclose on a mortgaged land plot from agricultural land before the expiration of the corresponding period of agricultural work, taking into account the time required for the sale of produced or produced and processed agricultural products.

This requirement is valid until November 1 of the year in which the fulfillment of the obligation secured by the mortgage or part thereof is provided for, unless the mortgage agreement provides for a different date.

4. The foreclosure by the mortgagee on the mortgaged land plot and its sale shall constitute grounds for termination of the right to use it by the mortgagor and any other persons owning such land plot.

Chapter XII. Features of mortgages for enterprises, buildings, structures and non-residential premises

Article 69. Mortgage of enterprises, buildings or structures with the land plot on which they are located

When mortgaging an enterprise as a property complex (hereinafter referred to as the enterprise), the right of pledge extends to all property included in its composition (clause 2 of Article 340 of the Civil Code of the Russian Federation). A mortgage of a building or structure is allowed only with a simultaneous mortgage under the same agreement of the land plot on which this building or structure is located, or the lease right of this plot belonging to the mortgagor.

The right of pledge does not apply to the right of permanent use of the land plot on which the enterprise, building or structure is located, which belongs to the pledgor. When foreclosure is applied to such an enterprise, building or structure, the person who acquires ownership of this property acquires the right to use the land plot on the same terms and to the same extent as the previous owner (mortgagor) of the real estate.

Article 69.1. Mortgage of buildings, structures and non-residential premises acquired using credit funds from a bank or other credit organization or funds from a targeted loan

Unless otherwise provided by federal law or an agreement, a building or structure and the land plot on which this building or structure is located, non-residential premises acquired in whole or in part using credit funds from a bank or other credit organization or funds from a targeted loan provided for their acquisition by another legal entity are considered to be pledged from the moment of state registration of the borrower's ownership of this building or structure, ownership or lease rights to the land plot on which this building or structure is located, and ownership of this non-residential premises.

The pledgeholders of this pledge are the bank or other credit organization or other legal entity specified in part one of this article.

Article 70. Mortgage of an enterprise as a property complex

1. The transfer of an enterprise to a mortgage is permitted with the consent of the owner of the property related to the enterprise or an authority authorized by him. An enterprise mortgage agreement concluded in violation of this requirement is void.

2. If the subject of the mortgage is an enterprise and is not otherwise provided by the agreement, the mortgaged property includes tangible and intangible assets related to this enterprise, including buildings, structures, equipment, inventory, raw materials, finished products, rights of claim, exclusive rights.

3. The composition of the property related to the enterprise being mortgaged and the assessment of its value are determined on the basis of a complete inventory of this property. The inventory report, balance sheet and the conclusion of an independent auditor on the composition and value of property related to the enterprise are mandatory annexes to the mortgage agreement.

In cases where the assessment is mandatory by law, a report on the assessment of property related to the enterprise is also a mandatory appendix to the contract.

Article 71. Obligations that may be secured by a mortgage of an enterprise

1. An enterprise mortgage can be used to secure an obligation the amount of which is at least half the value of the property related to the enterprise.

2. An enterprise mortgage secures a monetary obligation that is subject to fulfillment no earlier than one year after the conclusion of the mortgage agreement. If the agreement stipulates that the mortgage of an enterprise secures an obligation with a shorter period of performance, the right to foreclose on the subject of the mortgage for an unfulfilled or improperly fulfilled obligation arises with the mortgagee after a year from the date of conclusion of the mortgage agreement.

Article 72. Rights of the pledgor in relation to the pledged enterprise

1. The mortgagor has the right to sell, exchange, lease, lend property related to the enterprise mortgaged, and otherwise dispose of the specified property, as well as make changes to the composition of this property, if this does not entail a decrease in the amount specified in the agreement on mortgage of the total value of property related to the enterprise, and also does not violate other terms of the mortgage agreement.

Without the permission of the mortgagee, the mortgagor does not have the right to transfer property related to the enterprise as collateral, or to enter into transactions aimed at alienating real estate related to the enterprise, unless otherwise established by the mortgage agreement.

2. If the mortgagor of the enterprise fails to take measures to ensure the safety of the pledged property, or inefficient use of this property, which may lead to a decrease in the value of the enterprise, the mortgagee has the right to apply to the court with a demand for early fulfillment of the obligation secured by the mortgage or the introduction of mortgage control over the activities of the mortgagor.

By a court decision, the mortgagee, in the manner of mortgage control, may be authorized to:

require the mortgagor to regularly submit accounting and other reporting documents, and to pre-coordinate issues related to the conclusion of transactions with property related to the enterprise;

contact the owner of property related to the enterprise, or the body authorized by him, with a request to terminate the contract with the head of the enterprise;

bring claims to court to declare transactions concluded by the pledgor invalid;

exercise other rights provided for by mortgage control over the activities of the mortgagor.

Article 73. Foreclosure of a mortgaged enterprise

1. In the event of failure by the mortgagor to fulfill the obligation secured by the enterprise’s mortgage, foreclosure on the pledged property may only be brought by a court decision.

2. The rights and obligations of the owner of the enterprise pertaining to the latter are transferred to the buyer who acquired an enterprise at a public auction from the moment of state registration of ownership of the acquired property.

Chapter XIII. Features of mortgages of residential buildings and apartments

Article 74. Application of rules on mortgages of residential buildings and apartments

1. The rules of this chapter apply to the mortgage of individual and multi-apartment residential buildings and apartments intended for permanent residence, owned by citizens or legal entities.

2. Mortgages of individual and multi-apartment residential buildings and apartments that are state or municipal property are not permitted.

3. Hotels, holiday homes, summer cottages, garden houses and other buildings and premises not intended for permanent residence may be the subject of a mortgage on a general basis. The rules established for mortgages of residential buildings and apartments do not apply to them.

4. In the case where the subject of the mortgage is a part of a residential building or part of an apartment, consisting of one or more isolated rooms, the rules of this Federal Law on the Mortgage of a Residential House and Apartment are respectively applied to such mortgage.

5. The mortgage of a residential building or apartment owned by minors, persons with limited legal capacity or incapacitated persons over whom guardianship or trusteeship has been established is carried out in the manner established by the legislation of the Russian Federation for transactions with the property of wards.

6. Excluded.

Article 75. Mortgage of apartments in a multi-apartment residential building

When mortgaging an apartment in a multi-apartment residential building, parts of which, in accordance with paragraph 1 of Article 290 of the Civil Code of the Russian Federation, are in the common shared ownership of the mortgagor and other persons, the corresponding share in the right of common ownership of the residential building is considered mortgaged along with the residential premises.

Article 76. Mortgage of residential buildings under construction

When granting a loan or a targeted loan for the construction of a residential building, the mortgage agreement may provide for the security of the obligation with unfinished construction and materials and equipment belonging to the mortgagor that are prepared for construction. Upon completion of construction of a residential building, the mortgage on it does not cease.

Article 77. Mortgage of residential houses and apartments purchased with a loan from a bank or other credit organization

1. Unless otherwise provided by federal law or an agreement, a residential house or apartment acquired or built in whole or in part using credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity for the acquisition or construction of a residential house or apartment are considered pledged from the moment of state registration of the borrower's ownership of a residential house or apartment.

The pledgee of this pledge is a bank or other credit organization or legal entity that provided a loan or targeted loan for the purchase or construction of a residential building or apartment.

2. The rules on the pledge of real estate arising by virtue of an agreement are applied to the pledge of a residential building or apartment arising on the basis of paragraph 1 of this article.

3. The guardianship and trusteeship authorities have the right to give consent to the alienation and (or) transfer to a mortgage of residential premises in which the family members of the owner of this residential premises who are under guardianship or trusteeship or minor members of the owner’s family who are left without parental care live (which is known to the guardianship authority and trusteeship), if this does not affect the rights or interests protected by law of these persons.

The decision of the guardianship and trusteeship authorities to give consent to the alienation and (or) mortgage of the residential premises in which these persons live, or a reasoned decision to refuse such consent must be submitted to the applicant in writing no later than 30 days after the date of filing applications requesting such consent.

The decision of the guardianship and trusteeship authorities can be challenged in court.

4. Residential premises (living premises) acquired or built in whole or in part using savings for housing provision for military personnel provided under a targeted housing loan agreement in accordance with the Federal Law "On the savings-mortgage system for housing provision for military personnel" is considered to be pledged with the moment of state registration of ownership of a residential building or apartment. In the case of using credit (borrowed) funds from a bank or other organization, it is considered to be pledged (mortgage) with the corresponding creditor and with the Russian Federation represented by the federal executive body that ensures the functioning of the savings and mortgage system for housing provision for military personnel, which provided a targeted housing loan for the purchase or construction of residential premises (residential premises).

In this case, a mortgage note is not issued for the purpose of certifying the rights of the Russian Federation under the obligation secured by the mortgage. If a residential premises (residential premises) are pledged simultaneously to the corresponding creditor and the Russian Federation, the claims of the Russian Federation are satisfied after the requirements of the specified creditor are satisfied.

Article 78. Foreclosure of a mortgaged residential building or apartment

1. The foreclosure by the mortgagee of a mortgaged residential building or apartment and the sale of this property shall constitute grounds for termination of the right to use them by the mortgagor and any other persons living in such residential building or apartment, provided that such residential building or apartment was mortgaged under an agreement on mortgage or under a mortgage by force of law to ensure the repayment of a loan or targeted loan provided by a bank or other credit organization or other legal entity for the acquisition or construction of such or other residential buildings or apartments, their major repairs or other inseparable improvement, as well as for earlier repayment granted credit or loan for the purchase or construction of a residential building or apartment.

The release of such a residential building or apartment is carried out in the manner prescribed by federal law.

2. Foreclosing on a mortgaged residential building or apartment is possible both in court and out of court in compliance with the rules established by Chapter IX of this Federal Law.

A residential house or apartment that is pledged under a mortgage agreement and foreclosed on is sold through auction, held in the form of an open auction or competition.

3. A rental agreement or rental agreement for residential premises, concluded before the mortgage arose or with the consent of the mortgagee after the mortgage arose, remains in force upon the sale of the residential premises. The conditions for its termination are determined by the Civil Code of the Russian Federation and the housing legislation of the Russian Federation.

Chapter XIV. Final provisions

Article 79. Entry into force of this Federal Law

1. Put this Federal Law into effect from the date of its official publication.

2. The norms of the Law of the Russian Federation “On Pledge” from the date of entry into force of this Federal Law are subject to application to the pledge of real estate (mortgage) only to the extent that they do not contradict this Federal Law.

Until federal laws and other legal acts of the Russian Federation are brought into conformity with this Federal Law (clauses 3 and 4 of Article 3 of the Civil Code of the Russian Federation), these federal laws and other legal acts of the Russian Federation shall be applied to the extent that does not contradict this Federal Law.

3. The rules of this Federal Law apply to relations arising in connection with the pledge of real estate (mortgage) after its entry into force.

For relations that arose before the entry into force of this Federal Law, this Federal Law applies to those rights and obligations that arise after its entry into force.

4. To propose to the President of the Russian Federation to bring the legal acts issued by him into compliance with this Federal Law.

5. Instruct the Government of the Russian Federation:

bring the legal acts issued by him into compliance with this Federal Law;

adopt legal acts ensuring the implementation of this Federal Law.

Law "On Mortgage" (current version) instructs the parties entering into the relevant relationship to formalize an agreement. According to its terms, one of the participants acts as a creditor of the obligation. He is given the right to make monetary claims against the debtor. Collection is made from the value of the object that is the subject of the transaction. In this case, the property in respect of which the agreement is drawn up remains in the possession and use of the debtor. Next, we will consider some provisions of the above-mentioned normative act.

Legal regulation

The provisions on collateral apply to relationships arising under a mortgage agreement. The basic norms are established in the Civil Code. Collateral relations, the subject of which are enterprises, apartments, plots, structures and other objects firmly connected to the land, arise insofar as their circulation is permitted by federal legislation.

Commitment

Law "On mortgage (real estate pledge))" defines the grounds on which the parties must enter into an agreement. The obligation can arise from various relationships. In particular, it can be purchase and sale, lease, contract, damage. If the parties act as legal entities, Law of the Russian Federation "On Mortgage" obliges them to keep accounting records.

Requirements

102-FZ defines that the subject of the agreement is an object, the value of which guarantees the repayment of the main monetary obligation or part thereof, stipulated by the parties. When signing the document, the parties to the transaction have the right to additionally determine interest charges. In this case, the value of the object must guarantee their payment. Unless otherwise provided by agreement, 102-FZ provides for the establishment of additional payments. They can act as:

Law "On Mortgage""provides that claims can be established in a fixed amount of money. However, it cannot be greater than the obligation of the debtor. Otherwise, claims are not considered as secured by a mortgage. This provision does not apply to the cases defined in paragraphs 3, 4, and 4 above. th article of the normative act under consideration.

Additional expenses

If ensuring the safety of property pledged under a mortgage agreement, is entrusted to the creditor, he is forced to make certain expenses. They can be directly related to the content of the object or its protection. In such cases, the expenses incurred by the creditor must be compensated to him. Law "On Mortgage" also allows reimbursement of costs for paying fees and taxes, and paying for utilities. Compensation is made at the expense of the cost of the object.

Subject of the transaction

Law "On Mortgage" contains a list of objects in respect of which an agreement can be drawn up. In this case, the normative act refers to clause 1 of Art. 130 GK. According to this norm, a mortgage agreement can be drawn up in relation to an object, the right to which is registered by the authorized body. The subject of the transaction may also be:

Nuance

Buildings, including residential ones, firmly connected to the land plot, can act as the subject of a mortgage agreement, subject to the procedure established by Article 69 of the normative act in question. In this case, one nuance should be taken into account. The absence of state registration of rights in territories for which state ownership has not been demarcated is not an obstacle to the emergence of mortgage legal relations.

Object integrity

Law "On Mortgage" determines that the thing that is the subject of the agreement and its elements (accessories) are one whole. This situation is enshrined in Article 135 of the Civil Code. It assumes that the object’s accessories become the subject of collateral along with it. The parties to the transaction may provide other conditions. A thing cannot be an independent subject of an agreement if its natural division cannot be made without changing its purpose.

Providing an object

The commented normative act contains a certain requirement for the creditor. It consists in the fact that the object acting as the subject of the agreement must be his property or be under his economic control. It is prohibited to secure claims with property that has been withdrawn from circulation, for which it is impossible to recover, and also for which the provisions governing privatization do not apply. The subject of the agreement may be rental law. In this case, to draw up the document, it is necessary to obtain the consent of the owner. This assumption occurs if the legislation or the agreement itself does not establish other conditions. If there are circumstances specified in paragraph 3 of Article 335 of the Civil Code, it is necessary to additionally obtain consent from the legal owner or the entity that has economic control over the object.

Common property

General rules for concluding a mortgage agreement in relation to an object jointly owned and disposed of by several persons, they provide for the mandatory receipt of consent from all participants to complete the transaction. It must be submitted in writing. A participant in shared ownership can take out a mortgage on his part without the consent of the other co-owners. In case of foreclosure upon its sale, the procedure provided for in Articles 250 and 255 of the Civil Code, which regulate the pre-emptive right, is applied.

Agreement

The process of drawing up an agreement is governed by the general rules of the Civil Code. The agreement must indicate information about the subject of the transaction, the valuation of the object, the size and maturity of the obligation. Participants may also provide for the conditions for foreclosure of property through a claim or judicial procedure. These points may be secured in a separate agreement. The main agreement specifies the name of the object and the address of its location. The document must also contain a description by which the subject of the transaction can be clearly identified. The content of the agreement includes the type of right under which the object is held by the creditor. If the subject of the transaction is a lease, its term is indicated. In addition, the contract includes the name of the body that carried out state registration of the property.

Grade

It is given in the agreement in monetary terms. The valuation is determined in accordance with current legislation by agreement of the parties to the transaction. If the subject of the contract is a plot, it is necessary to comply with the provisions of Article 67 of the commented normative act. If it is an unfinished construction project owned by the state or municipality, the assessment is carried out in accordance with the market value. A provision prescribing such a procedure was introduced into 102-FZ in 2001.

Conditions

The obligation secured by a mortgage is specified in the agreement, specifying the amount and the basis on which it arose. The document also sets the deadline for repayment of claims. If the obligation arises from any agreement, its participants, the date and place of execution are indicated. In some cases, the parties to the transaction may agree that the amount of the obligation will be determined subsequently. In such a situation, it is necessary to indicate the order and all other essential conditions relating to its establishment. Mortgage requirements may be partially implemented. In such a situation, the agreement establishes the frequency of their execution (frequency and size of payments). In the absence of specific values, it is necessary to provide conditions according to which they can be determined.

The procedure for state registration of mortgages

The agreement is drawn up in writing. The signed agreement must be registered. The norms establish that in relation to an agreement that does not contain the information provided for in Article 9 of the commented normative act, this procedure cannot be carried out. An agreement drawn up in violation of the provisions of paragraph 4 of Article 13 is not subject to state registration. Failure to comply with the requirements regarding the registration of an object acting as the subject of a transaction entails its invalidity. In this case, the agreement itself will be considered void. The mortgage agreement is recognized as concluded and in force from the date of its state registration. In some cases, the parties have the agreement certified by a notary. In such situations, without state registration, it will also not be valid. To enter the necessary information into the register, the parties to the transaction must submit a notarized copy of the agreement.